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# Legislative Bulletin..............................................April 26, 2006

**Contents:**

**H.R. 5020**---Intelligence Authorization Act for Fiscal Year 2007

H.R. 5020---Intelligence Authorization Act for Fiscal Year 2007
(Hoekstra, R-MI)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Wednesday, April 26^th^, subject to a rule. Summaries of
the amendments made in order under the rule will be provided in a
separate RSC document.

**[Note]{.underline}**: This Legislative Bulletin addresses only the
**[un]{.underline}**classified portion of the bill. The language of H.R.
5020 provides for the passage of the classified annex, which contains
the **[vast]{.underline}** majority of the authorizations in this
legislation. The classified annex is available to the Committees on
Appropriations of the House and Senate and to the President. The
President has to provide for the "suitable" distribution of appropriate
portions of the annex within the executive branch.

**[Summary]{.underline}**: The unclassified portion of H.R. 5020 would
authorize **\$995.0 million** in [discretionary FY2007
appropriations]{.underline} and **\$256.4 million** in [FY2007 mandatory
spending]{.underline} for the Central Intelligence Agency Retirement and
Disability System (CIARDS) (roughly a \$5 million increase over the
baseline). The specific schedule of authorizations for intelligence
activities of the federal government (including the Office of the
Director of National Intelligence, the CIA, the Defense Department, the
National Security Agency, the FBI, etc.) is classified.

*[Personnel Ceilings]{.underline}*. Authorizes the Director of National
Intelligence (DNI), with the approval of the Director of the Office of
Management and Budget, to exceed the (classified) FY2007 civilian
personnel ceilings, when necessary to perform "important intelligence
functions," when reported to Congress, and when the increase is no
greater than 2% of the authorized level.

*[Intelligence Community Management Account]{.underline}*. Authorizes
FY2007 appropriations of \$990.0 million to the Intelligence Community
Management Account (CMA) to fund 1,539 (unclassified) full-time
personnel and other administrative requirements. Allows the Account,
under certain circumstances, to reimburse other federal agencies for
detailing personnel to the staff of the Account.

*[CIARDS]{.underline}*. Authorizes mandatory spending of \$256.4 million
for the Central Intelligence Agency Retirement and Disability System
(CIARDS).

*[Increase in Employee Compensation]{.underline}*. Authorizes such
appropriations increases "as may be necessary" for employee compensation
or benefits.

*[Intelligence Restrictions]{.underline}*. Emphasizes that this
legislation should not be deemed to constitute authority for the conduct
of any intelligence activity that is not otherwise authorized by the
Constitution or the laws of the United States.

*[Retention of Debts]{.underline}*. Allows the head of an element of the
intelligence community to retain amounts paid or reimbursed to the
United States, including amounts paid by an employee of the federal
government from personal funds, for the repayment of a debt owed by the
respective party to the element of the intelligence community.

*[Federal Prison Industries]{.underline}*. Provides that all
intelligence community elements must determine that a product or service
to be purchased from Federal Prison Industries best meets the needs of
the respective element.

*[Science and Technology]{.underline}*. Directs the DNI's Science and
Technology Committee to *prioritize* (as opposed to just coordinate)
research and development related to intelligence, including
identification of basic, applied, and advanced research programs to be
carried out by the intelligence community. The Director of Science and
Technology would also have to assist the DNI in establishing technology
goals for the elements of the intelligence community. The DNI would have
to report to Congress by June 30, 2007, on a strategy for the
development and use of technology in the intelligence community through
the year 2021.

*[Office Locations]{.underline}*. Includes the Director of the National
Counterproliferation Center (NCPC) and the Director of the National
Counterterrorism Center in the list of officers within the Office of the
DNI and provides that the NCPC Director be appointed by the DNI.

*[Incentive Awards]{.underline}*. Allows the DNI to provide incentive
awards to federal employees and military personnel assigned to the
Office of the DNI.

*[Transportation Security]{.underline}*. Adds the DNI to the
Transportation Security Oversight Board.

*[Special Access Programs]{.underline}*. Instructs the DNI to submit to
Congress, by January 15, 2007, a comprehensive (classified) inventory of
special access programs under the National Intelligence Program.

*[Senses of Congress]{.underline}*. Expresses a sense of Congress that
the DNI should "promptly establish and oversee the implementation of a
multi-level security clearance system across the intelligence community
to leverage the cultural and linguistic skills of subject matter experts
and individuals proficient in foreign languages critical to national
security."

*[Congressional Access]{.underline}*. Requires the DNI to provide
Members and staff of the intelligence committees in Congress with access
to the Joint Worldwide Intelligence Communications System (or any
successor system) within 180 days of this bill's enactment.

*[Pensions]{.underline}*. Directs the DNI to study the feasibility of
revoking the pensions of persons who commit unauthorized disclosures of
classified information (and whether such revocations can already be
implemented under current law or administrative authorities).

*[Protective Services]{.underline}*. Allows the CIA to provide a
protective detail for the DNI and clarifies the arrest authorities of
CIA protective personnel. Prohibits the provision of protective
personnel for former intelligence officials beyond a year after an
official's employment termination, unless a "specific and credible
threat" to the official is demonstrated.

*[Strategic Review]{.underline}*. Requires that, not later than
September 30, 2007, and every four years thereafter, the DNI would have
to, in consultation with the heads of the elements of the intelligence
community, manage and oversee the conduct of a strategic review of the
intelligence community to develop intelligence capabilities required to
address threats to national security. The review would have to include
estimates of the allocation of resources and structural changes that
should be reflected in future budget requests.

*[Coast Guard and DEA]{.underline}*. Adds the Coast Guard and Drug
Enforcement Administration to the list of intelligence community
agencies in the National Security Act (50 U.S.C. 401a(4)).

*[Reports Eliminated]{.underline}*. Eliminates four reporting
requirements that are, according to the Intelligence Committee,
encompassed in other reports or are no longer necessary.

**[Committee Action]{.underline}**: The bill was referred to the
Permanent Select Committee on Intelligence on March 28, 2006, and was
marked up two days later. The Committee then amended and by voice vote
ordered the bill reported to the full House.

**[Administration Position]{.underline}**: A Statement of Administration
Policy (SAP) for H.R. 5020 is not available.

**[Cost to Taxpayers]{.underline}**: CBO reports that the unclassified
portion of H.R. 5020 would authorize \$995.0 million in [discretionary
FY2007 appropriations]{.underline} and \$256.4 million in [FY2007
mandatory spending]{.underline} for CIARDS (roughly a \$5 million
increase over the baseline). The specific schedule of authorizations for
intelligence activities of the federal government (including the Office
of the DNI, the CIA, the Defense Department, the National Security
Agency, the FBI, etc.) is classified.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[Constitutional Authority]{.underline}**: The Permanent Select
Committee on Intelligence, in House Report 109-411, cites constitutional
authority in Article I, Section 8, Clause 1 (common defense and general
welfare), Clause 12 (raise and support armies), Clause 13 (provide and
maintain a Navy), and Clause 18 (make all laws necessary and proper for
carrying into execution the foregoing powers).

**[RSC Staff Contact]{.underline}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718

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