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Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2008, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President.
Allows the Director of Central Intelligence, with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY2008 when necessary for the performance of important intelligence functions. Requires notification of the congressional intelligence committees on the use of such authority.
Authorizes appropriations for the Intelligence Community Management Account for FY2008, as well as for full-time personnel for elements within such Account.
Authorizes appropriations for FY2008 for the Central Intelligence Agency Retirement and Disability Fund.
Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States.
]]>(Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2008, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President.
(Sec. 103) Allows the DNI, with the approval of the Director of the Office of Management and Budget (OMB), to authorize employment of civilian personnel in excess of the number authorized for FY2008 when necessary for the performance of important intelligence functions. Requires notification of the congressional intelligence committees on the use of such authority.
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2008, for full-time personnel for elements within such Account, and for certain classified personnel. Earmarks a specified amount for the National Drug Intelligence Center.
(Sec. 105) Incorporates into this Act each requirement to submit a report to the congressional intelligence committees that is included in the joint explanatory statement accompanying the conference report for this Act.
Title II: Central Intelligence Agency Retirement and Disability System - (Sec. 201) Authorizes appropriations for FY2008 for the Central Intelligence Agency Retirement and Disability Fund.
Title III: Intelligence and General Intelligence Community Provisions - (Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
(Sec. 302) Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States.
(Sec. 304) Authorizes the head of an element of the intelligence community (IC) to delete from gift information lists normally made available to the public certain identifying information concerning foreign gifts received, if such IC element head certifies to the Secretary of State that publication of the information could adversely affect U.S. intelligence sources or methods.
(Sec. 305) Amends the National Security Act of 1947 to allow funds available to an intelligence committee to be reprogrammed for an intelligence activity if the activity supports an emergent need, improves program effectiveness, or increases efficiency.
(Sec. 306) Permits the DNI to delegate to IC heads, and IC heads to delegate to senior officials within such IC element, the authority to approve certain employee travel on common carriers.
(Sec. 307) Prohibits the DNI or any IC element head from implementing a plan that provides compensation to personnel based on performance until 45 days after the DNI reports to the intelligence committees on such performance-based compensation.
(Sec. 308) Requires the DNI to submit to the intelligence committees a plan to increase diversity across the IC.
Title IV: Matters Relating to Elements of the Intelligence Community - Subtitle A: Office of the Director of National Intelligence - (Sec. 401) States that the prohibition on the co-location of the Office of the DNI with any other IC element applies only to the co-location of the headquarters of each.
(Sec. 402) Replaces the CIA Director with the DNI as a member of the Transportation Security Oversight Board.
(Sec. 403) Establishes additional duties for the DNI's Director of Science and Technology, including coordinating and prioritizing research conducted by IC elements and establishing goals for IC elements to meet technology needs. Requires a report from the DNI to Congress containing a strategy for the development and use of technology in the IC through 2018.
(Sec. 404) Includes as officers within the Office of the DNI the Directors of the National Counterproliferation Center and the National Counterterrorism Center. Requires the former Director to be appointed by the DNI.
(Sec. 405) Amends the Intelligence Authorization Act for Fiscal Year 1984 to authorize the DNI to provide incentive awards to federal employees and military personnel detailed or assigned to the Office of the DNI.
(Sec. 406) Requires the DNI to establish a multi-level security clearance system for the IC that makes more efficient use of persons proficient in foreign languages or with cultural, linguistic, or other expertise critical to national security.
(Sec. 407) Requires the DNI to submit to Congress a national intelligence estimate on anticipated geopolitical effects of global climate change and its implications on U.S. national security.
(Sec. 408) Directs the DNI to develop and report to Congress on a plan to implement across the IC the recommendations of a specified report concerning the use of energy-efficient computer servers in the United States.
(Sec. 409) Requires the DNI to submit to the intelligence committees a classified report providing a comprehensive inventory of all special access programs under the National Intelligence Program.
(Sec. 410) Requires the DNI to report quarterly to the intelligence committees on current intentions and capabilities of the Islamic Republic of Iran and Democratic People's Republic of Korea with regard to their nuclear programs.
(Sec. 411) Directs the DNI to report annually to the intelligence committees on contractors funded under the National Intelligence Program (NIP). Requires a one-time report on: (1) accountability mechanisms that govern the ongoing performance of contractors for personal services contracts under the NIP; and (2) the impact of contractors on the IC workforce under the NIP.
(Sec. 412) Requires the DNI to report annually to the intelligence committees on the foreign language proficiency of each IC element.
(Sec. 413) Requires the: (1) head of each IC element to report annually to the DNI on the foreign language proficiency of the personnel of such element; and (2) DNI to report annually to specified committees and subcommittees on such reports, an assessment of the foreign language capacity and capabilities of the IC as a whole, and recommendations for eliminating outdated or irrelevant reports relating to foreign language proficiency.
Subtitle B: Central Intelligence Agency - (Sec. 421) Establishes the position of Deputy Director of the CIA.
(Sec. 423) Requires the CIA Inspector General, at least every three years, to conduct, and report to the intelligence committees on, an audit of each CIA covert action.
(Sec. 424) Relieves the CIA Director from the requirement of submitting an annual report on efforts to ensure that agency activities can be audited in accordance with OMB requirements.
Subtitle C: Other Elements - (Sec. 432) Amends the Counterintelligence Enhancement Act of 2002 to repeal the position of general counsel and certain other functions and duties within the Office of the National Counterintelligence Executive.
(Sec. 433) Adds the Coast Guard and DEA to the list of IC agencies included under the National Security Act of 1947.
Title V: Other Matters - Subtitle A: General Intelligence Matters - (Sec. 501) Prohibits the Secretary of Defense from beginning the process to terminate the U-2 aircraft program until the Secretary certifies to the defense and intelligence committees that there would be no loss of national or DOD intelligence, surveillance, and reconnaissance capabilities in transitioning from the U-2 program to the Global Hawk RQ-4 unmanned aerial vehicle platform. Requires the Secretary to: (1) conduct a study of aerial reconnaissance platforms to determine whether the RQ-4 platform has reached mission and collection capabilities on a par with the collection capabilities of the U-2 program; and (2) report study results to such committees.
(Sec. 502) Amends the Intelligence Authorization Act for Fiscal Year 2003 to extend until September 1, 2008, the final reporting requirement of the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community. Provides funding.
Subtitle B: Technical Amendments - Makes technical amendments to the National Defense Authorization Act for Fiscal Year 1991, the National Security Act of 1947, the National Security Intelligence Reform Act of 2004, the Intelligence Reform and Terrorism Prevention Act of 2004, the Executive Schedule, and the Central Intelligence Agency Act of 1949. Amends various Acts and federal laws to correct obsolete references to the National Imagery and Mapping Agency (now the National Geospatial-Intelligence Agency).
]]>(Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2008, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President.
(Sec. 103) Allows the DNI, with the approval of the Director of the Office of Management and Budget (OMB), to authorize employment of civilian personnel in excess of the number authorized for FY2008 when necessary for the performance of important intelligence functions. Requires notification of the congressional intelligence committees on the use of such authority.
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2008, for full-time personnel for elements within such Account, and for certain classified personnel. Earmarks a specified amount for the National Drug Intelligence Center.
(Sec. 105) Incorporates into this Act each requirement to submit a report to the congressional intelligence committees that is included in the joint explanatory statement accompanying the conference report for this Act.
(Sec. 106) Allows the Office of the DNI only the number of personnel as were serving there on May 1, 2007.
Title II: Central Intelligence Agency Retirement and Disability System - (Sec. 201) Authorizes appropriations for FY2008 for the Central Intelligence Agency Retirement and Disability Fund.
Title III: Intelligence and General Intelligence Community Provisions - (Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
(Sec. 302) Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States.
(Sec. 304) Authorizes the head of an element of the intelligence community (IC) to delete from gift information lists normally made available to the public certain identifying information concerning foreign gifts received, if such IC element head certifies to the Secretary of State that publication of the information could adversely affect U.S. intelligence sources or methods.
(Sec. 305) Amends the National Security Act of 1947 to allow funds available to an intelligence committee to be reprogrammed for an intelligence activity if the activity supports an emergent need, improves program effectiveness, or increases efficiency.
(Sec. 306) Permits the DNI to delegate to IC heads, and IC heads to delegate to senior officials within such IC element, the authority to approve certain employee travel on common carriers.
(Sec. 307) Prohibits the DNI or any IC element head from implementing a plan that provides compensation to personnel based on performance until 45 days after the DNI reports to the intelligence committees on such performance-based compensation.
(Sec. 308) Requires the DNI to submit to the intelligence committees a plan to increase diversity across the IC.
(Sec. 309) Includes, within a required annual report from the President to Congress on measures to protect identities of covert agents, the need for modifications to improve legal protections for such agents.
Title IV: Matters Relating to Elements of the Intelligence Community - Subtitle A: Office of the Director of National Intelligence - (Sec. 401) States that the prohibition on the co-location of the Office of the DNI with any other IC element applies only to the co-location of the headquarters of each.
(Sec. 402) Replaces the CIA Director with the DNI as a member of the Transportation Security Oversight Board.
(Sec. 403) Establishes additional duties for the DNI's Director of Science and Technology, including coordinating and prioritizing research conducted by IC elements and establishing goals for IC elements to meet technology needs. Requires a report from the DNI to Congress containing a strategy for the development and use of technology in the IC through 2018.
(Sec. 404) Includes as officers within the Office of the DNI the Directors of the National Counterproliferation Center and the National Counterterrorism Center. Requires the former Director to be appointed by the DNI.
(Sec. 405) Amends the Intelligence Authorization Act for Fiscal Year 1984 to authorize the DNI to provide incentive awards to federal employees and military personnel detailed or assigned to the Office of the DNI.
(Sec. 406) Requires the DNI to establish a multi-level security clearance system for the IC that makes more efficient use of persons proficient in foreign languages or with cultural, linguistic, or other expertise critical to national security.
(Sec. 407) Requires the DNI to submit to Congress a national intelligence estimate on anticipated geopolitical effects of global climate change and its implications on U.S. national security.
(Sec. 408) Directs the DNI to develop and report to Congress on a plan to implement across the IC the recommendations of a specified report concerning the use of energy-efficient computer servers in the United States.
(Sec. 409) Requires the DNI to submit to the intelligence committees a classified report providing a comprehensive inventory of all special access programs under the National Intelligence Program.
(Sec. 410) Requires the DNI to report quarterly to the intelligence committees on current intentions and capabilities of the Islamic Republic of Iran and Democratic People's Republic of Korea with regard to their nuclear programs.
(Sec. 411) Directs the DNI to report annually to the intelligence committees on contractors funded under the National Intelligence Program (NIP). Requires a one-time report on: (1) accountability mechanisms that govern the ongoing performance of contractors for personal services contracts under the NIP; (2) the impact of contractors on the IC workforce under the NIP; and (3) personal services activities performed by contractors under the NIP and, at the discretion of the DNI, the Military Intelligence Program.
(Sec. 412) Requires the DNI to report annually to the intelligence committees on the foreign language proficiency of each IC element.
(Sec. 413) Requires the: (1) head of each IC element to report annually to the DNI on the foreign language proficiency of the personnel of such element; and (2) DNI to report annually to specified committees and subcommittees on such reports, an assessment of the foreign language capacity and capabilities of the IC as a whole, and recommendations for eliminating outdated or irrelevant reports relating to foreign language proficiency.
(Sec. 414) Requires the DNI to report to the intelligence committees on: (1) the number of intelligence collectors and analysts employed or contracted by each IC element; and (2) a plan to maximize the number of such collectors employed or contracted by the IC. Places certain limits on the number of personnel employed or contracted by the Office of the DNI (terminating such limits on the date the report is submitted).
(Sec. 415) Requires a report from the DNI to Congress on the advisability of providing federal retirement benefits to U.S. citizens for their service before 1977 as employees of Air America or an associated company while such company was owned or controlled by the U.S. government and operated or managed by the CIA.
Subtitle B: Central Intelligence Agency - (Sec. 421) Establishes the position of Deputy Director of the CIA.
(Sec. 423) Requires the CIA Inspector General, at least every three years, to conduct, and report to the intelligence committees on, an audit of each CIA covert action.
(Sec. 424) Relieves the CIA Director from the requirement of submitting an annual report on efforts to ensure that agency activities can be audited in accordance with OMB requirements.
Subtitle C: Other Elements - (Sec. 432) Amends the Counterintelligence Enhancement Act of 2002 to repeal the position of general counsel and certain other functions and duties within the Office of the National Counterintelligence Executive.
(Sec. 433) Adds the Coast Guard and DEA to the list of IC agencies included under the National Security Act of 1947.
Title V: Other Matters - Subtitle A: General Intelligence Matters - (Sec. 501) Prohibits the Secretary of Defense from beginning the process to terminate the U-2 aircraft program until the Secretary certifies to the defense and intelligence committees that there would be no loss of national or DOD intelligence, surveillance, and reconnaissance capabilities in transitioning from the U-2 program to the Global Hawk RQ-4 unmanned aerial vehicle platform. Requires the Secretary to: (1) conduct a study of aerial reconnaissance platforms to determine whether the RQ-4 platform has reached mission and collection capabilities on a par with the collection capabilities of the U-2 program; and (2) report study results to such committees.
(Sec. 502) Amends the Intelligence Authorization Act for Fiscal Year 2003 to extend until September 1, 2008, the final reporting requirement of the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community. Provides funding.
(Sec. 503) Directs the President to report to the intelligence committees describing any authorization granted during the ten-year period ending on the date of enactment of this Act to engage in intelligence activities related to the overthrow of a democratically elected government.
(Sec. 504) Makes the Foreign Intelligence Surveillance Act of 1978 (FISA) the exclusive means by which electronic surveillance may be conducted to gather foreign intelligence information, and that such exclusivity applies until specific statutory authorization for such surveillance, other than an amendment to FISA, is enacted.
Subtitle B: Technical Amendments - Makes technical amendments to the National Defense Authorization Act for Fiscal Year 1991, the National Security Act of 1947, the National Security Intelligence Reform Act of 2004, the Intelligence Reform and Terrorism Prevention Act of 2004, the Executive Schedule, and the Central Intelligence Agency Act of 1949. Amends various Acts and federal laws to correct obsolete references to the National Imagery and Mapping Agency (now the National Geospatial-Intelligence Agency).
Title VI: Communication of Information Concerning Terrorist Threats - (Sec. 601) Directs the DHS Secretary and the DNI to jointly conduct (or contract to conduct) a study of the operations of federal, state, and local government entities to identify best practices for the communication of information concerning a terrorist threat. Requires a report from such Secretary to Congress on study findings, conclusions, and recommendations. Authorizes appropriations.
(Sec. 602) Directs the DHS Secretary to make grants for the establishment and operation of three centers to implement the best practices identified by the above study for the processing, analysis, and dissemination of terrorist threat information. Authorizes appropriations for the grants. Requires a report from the DHS Secretary to Congress evaluating the operations of the centers and making recommendations for future funding.
]]>(Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2008, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President.
(Sec. 103) Allows the DNI, with the approval of the Director of the Office of Management and Budget (OMB), to authorize employment of civilian personnel in excess of the number authorized for FY2008 (by not more than 5%) when necessary to the performance of important intelligence functions. Authorizes the DNI to convert to performance by intelligence community (IC) personnel activities currently performed by contractor employees. Requires notification of the congressional intelligence committees in either case.
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account of the DNI for FY2008, as well as for full-time personnel for elements within such Account.
(Sec. 105) Incorporates into this Act each requirement to submit a report to the intelligence committees that is included in the joint explanatory statement to accompany the conference report on this bill, or in the classified annex to this Act.
(Sec. 106) Requires the DNI to transfer an amount specified in the classified annex to fund the development and acquisition of a classified intelligence program specified in the annex.
Title II: Central Intelligence Agency Retirement and Disability System - (Sec. 201) Authorizes appropriations for FY2008 for the Central Intelligence Agency Retirement and Disability Fund.
Title III: Intelligence and General Intelligence Community Matters - (Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
(Sec. 302) Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States.
(Sec. 304) Authorizes the DNI to delegate to the head of any other IC element (currently, the DNI may delegate only to either the Principal Deputy Director of National Intelligence or the CIA Director) the authority to authorize travel on common carriers for intelligence collection personnel. Authorizes any such IC element head to further delegate such authority to senior officials within such element as specified by the DNI. Requires the DNI to submit to the intelligence committees the guidelines for determining the senior officials to whom such further delegation is authorized.
(Sec. 306) Amends the National Security Act of 1947 to increase the maximum terms of imprisonment for the disclosure of agent information after access to either agent identifying information or classified information.
(Sec. 307) Extends to IC elements current federal authority to delete from federal gift listing requirements (the listing of gifts received as part of federal employment) information concerning the receipt and disposition of foreign gifts and decorations, if the IC element head certifies to the Secretary of State that publication of such information could adversely affect U.S. intelligence sources or methods.
(Sec. 308) Extends from one year to up to three years the length of time that a government employee or member of the Armed Forces may be detailed to an IC element funded through the Community Management Account. Requires joint agreement on such detail by the DNI and the head of the detailing department or agency.
(Sec. 309) Requires a report from the DNI to the defense and intelligence committees on measures taken by the DNI and each IC element to comply with provisions of the Detainee Treatment Act of 2005 and related provisions of the Military Commissions Act of 2006.
(Sec. 310) Requires the DNI to: (1) conduct an initial vulnerability assessment for any major system (and its items of supply) that is proposed for inclusion in the National Intelligence Program; (2) conduct subsequent periodic assessments of each such system; (3) give due consideration to such assessments when developing and determining the annual consolidated National Intelligence Program budget; and (4) provide the intelligence committees with a copy of each assessment and a proposed schedule for subsequent assessments.
(Sec. 311) Directs the DNI to prepare and submit to the intelligence committees an annual personnel assessment for the IC that assesses the personnel levels for each IC element.
(Sec. 312) Prohibits, after April 1, 2008, any funds appropriated to any IC element from being obligated for an IC business system modernization unless: (1) the approval authority designated by the DNI certifies that the modernization complies with an integrated enterprise architecture covering all IC business systems; and (2) the certification is approved by the Intelligence Community Business Systems Management Committee (established under this section). Directs the DNI to: (1) develop and implement an enterprise architecture to cover all IC business systems, as well as the functions and activities supported by such systems; and (2) be responsible for an IC business system modernization if more than 50% of the cost of the modernization is funded by amounts appropriated for the National Intelligence Program. Requires the designated approval authority to establish and implement a process to review the planning, design, development, deployment, operation, maintenance, and modernization of the IC business systems for which the approval authority is responsible. Requires the DNI to: (1) include IC business system proposed funding in annual budget materials submitted to Congress; and (2) establish an Intelligence Community Business Systems Management Committee. Directs the Committee to recommend to the DNI policies and procedures to integrate all IC business activities and any reform, reorganization, or process improvement initiatives undertaken within the IC. Requires annual reports from the DNI to the intelligence committees, in 2009 through 2014, on IC compliance with requirements of this section.
(Sec. 313) Requires the DNI to report annually to the intelligence committees on each acquisition of a major system by an IC element.
(Sec. 314) Requires the DNI: (1) on a continuing basis, to determine if the acquisition cost of a major system has increased by at least 20% compared to its baseline cost; and (2) if so, notify the intelligence committees, providing a description of the amount of the increase and a certification that such system is essential to national security, there are no alternatives to such system, the new estimates are reasonable, and the management structure for the acquisition of the system is adequate to manage and control its full life-cycle cost. Requires that, if the DNI determines an acquisition cost increase of 40% or more, the President must make the same certification as above to the intelligence committees. Prohibits the obligation of funds for the acquisition of a major system if the appropriate certification is not submitted within 30 days after the determination of the cost increase.
(Sec. 315) Amends the Foreign Intelligence Surveillance Act of 1978 to direct the Attorney General to submit to the intelligence and judiciary committees copies of decisions, orders, or opinions of the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that include significant construction or interpretation of such Act.
(Sec. 316) Amends the National Security Act of 1947, the Intelligence Authorization Act for Fiscal Year 2003, and the Combatting Proliferation of Weapons of Mass Destruction Act of 1996 to repeal various intelligence-related reporting requirements.
Title IV: Matters Relating to Elements of the Intelligence Community - Subtitle A: Office of the Director of National Intelligence - (Sec. 401) Requires the DNI to: (1) conduct accountability reviews of IC elements or personnel in relation to significant failures or deficiencies within the IC; and (2) establish guidelines and procedures for conducting such reviews.
(Sec. 402) Authorizes the DNI to expend funds, and make funds available to other federal departments and agencies, to address deficiencies or needs that arise in intelligence information access or sharing capabilities. Authorizes department or agency heads to use funds made available by the DNI for such purposes.
(Sec. 403) Permits the DNI to delegate the authority to protect intelligence sources and methods from unauthorized disclosure to any Deputy DNI or the Chief Information Officer of the IC.
(Sec. 404) Authorizes the DNI to approve interagency financing of national intelligence centers established under authority of the National Security Act of 1947, as well as for boards, commissions, councils, or similar groups established by the DNI for a period not to exceed two years.
(Sec. 405) Authorizes the DNI, as part of a flexible personnel management system among IC elements, to: (1) convert competitive service positions within an IC element to excepted service positions; and (2) establish the classification and ranges of pay for the converted positions. Sets as level III of the Executive Schedule the maximum pay authorized for the converted positions. Authorizes the DNI to grant authority to fix a higher rate of pay, but only: (1) with respect to a position which requires an extremely high level of expertise and is critical to the successful accomplishment of an important mission; and (2) to the extent necessary to recruit or retain an individual exceptionally well qualified for the position. Allows the DNI to authorize one or more elements of the IC to adopt compensation authority, performance management authority, and scholarship authority with respect to IC personnel that have been authorized for another element of the IC, after prior notification of the intelligence committees.
(Sec. 407) Directs the DNI's Science and Technology Committee to identify basic, advanced, and applied research programs to be carried out by IC elements. Provides additional duties of and goals for the DNI's Director of Science and Technology with regard to IC technology needs. Requires the DNI to report to Congress a strategy for the development and use of technology in the IC through 2021.
(Sec. 408) Renames the DNI's Chief Information Officer as the Chief Information Officer of the Intelligence Community.
(Sec. 409) Establishes a Reserve for Contingencies of the Office of the Director of National Intelligence. Requires that, before funds from the Reserve are used: (1) the DNI notify the intelligence committees; and (2) 15 days elapse after such notification.
(Sec. 410) Codifies under the National Security Act of 1947 the authority of the DNI to establish an Office of the Inspector General of the Intelligence Community. Outlines required duties. Requires semiannual Inspector General reports to the DNI (and to the Secretary of Defense, with respect to portions of the report involving DOD components) summarizing Office activities. Requires an immediate report from the Inspector General to the DNI whenever the Inspector General becomes aware of serious or flagrant problems, abuses, or deficiencies relating to matters within the authority and responsibility of the DNI. Allows an IC employee or contractor who intends to report to Congress a complaint or information with respect to an urgent concern to report such complaint or information to the Inspector General. Requires the Inspector General to then determine whether such complaint or information appears credible, and to forward such findings to the DNI, who shall forward it to the intelligence committees. Directs the Inspector General to report to the Attorney General information relating to violations of federal criminal law that involve a program or operation of an IC element, or in relationships between IC elements. Requires the DNI to include in the National Intelligence Program budget a separate account for the Office of the Inspector General. Repeals superseded authority under the Inspector General Act of 1978.
(Sec. 411) Designates as the head of the National Counter Proliferation Center the Director of the National Counter Proliferation Center, who shall be appointed by the DNI. Locates such Center within the Office of the DNI.
(Sec. 412) Establishes within the Office of the DNI a National Space Intelligence Office, to be directed by the National Intelligence Officer for Science and Technology. Outlines Office duties, including coordinating and providing policy direction for the management of space-related assets and fields relating to space intelligence. Requires a report from the Office Director to the intelligence committees on Office organizational structure.
(Sec. 413) Exempts from search, review, publication, and disclosure requirements of the Freedom of Information Act certain operational files in the Office of the DNI that were provided by IC elements. Provides exemption exceptions. Requires the DNI, at least once every ten years, to review the exempted operational files to determine whether such files, or any portion thereof, may be removed from the exemption. Provides judicial review of an allegation of the improper withholding of records through the use of such exemption.
(Sec. 414) Repeals certain administrative authorities within the Office of the National Counterintelligence Executive.
(Sec. 415) Makes provisions of the Federal Advisory Committee Act inapplicable to advisory committees of the Office of the DNI.
(Sec. 416) Replaces the CIA Director with the DNI on the membership of the Transportation Security Oversight Board.
(Sec. 417) Authorizes the DNI to prescribe regulations to exempt any system of records within the Office of the DNI from certain Privacy Act requirements.
Subtitle B: Central Intelligence Agency - (Sec. 421) Establishes the position of Deputy Director of the Central Intelligence Agency, who shall be appointed by the President. Outlines Deputy Director duties. Requires the DNI to recommend to the President a nominee to fill any vacancy in such position. States that the commissioned officer currently performing the duties of the Deputy Director shall neither be subject to the supervision or control of the Secretary of Defense nor exercise any supervision or control over DOD personnel.
(Sec. 422) Makes inapplicable to the CIA Director a requirement to submit to the intelligence committees an annual report on actions taken to ensure the auditability of CIA financial statements.
(Sec. 423) Amends the Central Intelligence Agency Act of 1949 to authorize CIA protective detail personnel to make arrests without a warrant: (1) for any offense against the United States committed in their presence; or (2) when having reasonable cause to believe that the person to be arrested has committed or is committing a felony. Authorizes the CIA Director to make such personnel available to the DNI.
(Sec. 425) Requires a report from the CIA Director to Congress on the advisability of providing federal retirement benefits to U.S. citizens for their service before 1977 as employees of Air America or an associated company while such company was owned or controlled by the U.S. government and operated or managed by the CIA.
Subtitle C: Defense Intelligence Components - (Sec. 431) Amends the National Security Agency Act of 1959 to authorize the NSA to recoup educational costs expended for the benefit of employees who are terminated for failure to maintain an appropriate level of academic standing.
(Sec. 432) Authorizes the NSA Director to designate NSA personnel to perform protective functions for the Director and any NSA personnel designated by the Director. Authorizes such protective personnel to make arrests without a warrant: (1) for any offense against the United States committed in their presence; or (2) when having reasonable cause to believe that the person to be arrested has committed or is committing a felony.
(Sec. 433) Amends the Inspector General Act of 1978 to require the heads of the NRO, DIA, NSA, and NGIA to appoint an independent inspector general for their agency (thus giving such inspectors general the same information-gathering power and independence as is currently held by inspectors general of other federal agencies). Allows the DNI or the Secretary of Defense to prohibit the inspector general of an IC element from initiating, carrying out, or completing any audit or investigation if the DNI or Secretary determines that the prohibition is necessary to protect vital U.S. national security interests. Requires notification of such determination to the defense and intelligence committees.
(Sec. 434) Requires the directors of the NSA, NGIA, and NRO to be appointed by the President, by and with the advice and consent of the Senate.
(Sec. 435) Requires the NGIA, as directed by the DNI, to analyze, disseminate, and incorporate into the National System for Geospatial-Intelligence likenesses, videos, and presentations produced by ground-based platforms, including handheld or clandestine photography taken by or on behalf of human intelligence collection organizations or available as open-source information.
(Sec. 436) Directs the Secretary of Defense, during the period beginning on the date of enactment of this Act and ending on December 31, 2008, to delegate to the NGIA Director personnel security clearance authority with respect to NGIA personnel that is identical to the authority held by the NSA Director over NSA personnel.
Subtitle D: Other Elements - (Sec. 441) Includes appropriate elements of the Coast Guard and DEA within the definition of "intelligence community."
(Sec. 442) Amends the Intelligence Authorization Act for Fiscal Year 2004 to replace the CIA Director with the DNI for responsibility over the Office of Intelligence and Analysis.
Title V: Other Matters - (Sec. 501) Makes technical and/or clarifying amendments to the National Security Act of 1947, provisions relating to the Intelligence Reform and Terrorism Prevention Act of 2004, the Central Intelligence Agency Act of 1949, provisions relating to the Multiyear National Intelligence Program, provisions relating to pay levels of certain intelligence officials, provisions relating to the redesignation of the National Geospatial-Intelligence Agency, and provisions relating to the responsibility of the DNI, rather than the CIA Director, as the head of the IC.
]]>(Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2008, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President.
(Sec. 103) Allows the DNI, with the approval of the Director of the Office of Management and Budget (OMB), to authorize employment of civilian personnel in excess of the number authorized for FY2008 (by not more than 3%) when necessary to the performance of important intelligence functions. Authorizes the DNI to convert to performance by intelligence community (IC) personnel activities currently performed by contractor employees. Requires notification of the congressional intelligence committees in either case.
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account of the DNI for FY2008, as well as for full-time personnel for elements within such Account. Earmarks a specified amount for the National Drug Intelligence Center.
(Sec. 105) Deems funds appropriated for an intelligence or intelligence-related activity within the National Intelligence Program for FY2008 in excess of the amount specified for such activity in the classified Schedule of Authorizations as specifically authorized by Congress for such purposes.
Title II: Central Intelligence Agency Retirement and Disability System - (Sec. 201) Authorizes appropriations for FY2008 for the Central Intelligence Agency Retirement and Disability Fund.
Title III: General Intelligence Community Matters - Subtitle A: Personnel Matters - (Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
(Sec. 302) Allows an officer or employee of the United States or member of the Armed Forces to be detailed in any fiscal year after 2007 to the staff of an element of the IC funded through the Community Management Account, on a reimbursable or nonreimbursable basis as jointly agreed to by the DNI and the head of the detailing IC element, for a period not to exceed two years.
(Sec. 303) Amends the National Security Act of 1947 to make the DNI responsible for ensuring that IC elements adopt a multi-level security clearance approach to enable the IC to make effective and efficient use of persons proficient in foreign languages or with cultural, linguistic, or other subject matter expertise critical to national security.
(Sec. 304) Authorizes the DNI to grant authority to fix the rate of basic pay for one or more positions within the IC in excess of any applicable limitation: (1) with respect to a position which requires an extremely high level of expertise and is critical to successful accomplishment of an important mission; and (2) only to the extent necessary to recruit and retain well-qualified individuals. Prohibits such pay level from exceeding level II of the Executive Schedule.
(Sec. 305) Permits the DNI to delegate to IC heads, and IC heads to delegate to senior officials within such IC element, the authority to approve certain employee travel on common carriers. Requires the DNI to submit to the intelligence committees guidelines for determining the senior officials to whom such further delegation is authorized.
(Sec. 306) Directs the DNI to prepare and submit to the intelligence committees an annual personnel assessment for the IC that assesses the personnel levels for each IC element for the fiscal year following the fiscal year in which the assessment is submitted.
(Sec. 307) Requires the DNI to report to the intelligence committees describing the personal services activities performed by contractors across the IC, the impact of such contractors on the IC workforce, plans for conversion of contractor employment into government employment, and accountability mechanisms that govern the performance of such contractors.
(Sec. 308) Prohibits the DNI or any IC element head from implementing a plan that provides compensation to personnel of that element based on performance until 45 days after the DNI reports to the intelligence committees on such performance-based compensation.
(Sec. 309) Requires the DNI to report to the intelligence committees on the plans of each IC element to increase diversity within the IC.
Subtitle B: Acquisition Matters - (Sec. 311) Requires the DNI to: (1) conduct an initial vulnerability assessment for any major system (and its significant items of supply) that is proposed for inclusion in the National Intelligence Program prior to completion of Milestone B or an equivalent acquisition decision; (2) conduct subsequent periodic assessments of each such system; (3) give due consideration to such assessments when developing and determining the annual consolidated National Intelligence Program budget; and (4) provide the intelligence committees with a copy of each assessment and a proposed schedule for subsequent assessments.
(Sec. 312) Prohibits, after April 1, 2008, any funds appropriated to any IC element from being obligated for an IC business system modernization unless: (1) the approval authority designated by the DNI certifies that the modernization complies with an integrated enterprise architecture covering all IC business systems; and (2) the certification is approved by the Intelligence Community Business Systems Management Committee (established under this section). Directs the DNI to: (1) develop and implement by September 1, 2008, an enterprise architecture to cover all IC business systems, as well as the functions and activities supported by such systems; and (2) be responsible for an IC business system modernization if more than 50% of the cost of the modernization is funded by amounts appropriated for the National Intelligence Program. Requires the designated approval authority to establish and implement a process to review the planning, design, acquisition, development, deployment, operation, maintenance, modernization, project costs, benefits, and risks of the IC business systems for which the approval authority is responsible. Requires the DNI to: (1) include IC business system proposed funding in annual budget materials submitted to Congress; and (2) establish an Intelligence Community Business Systems Management Committee. Directs the Committee to recommend to the DNI policies and procedures to integrate all IC business activities and any transformation, reform, reorganization, or process improvement initiatives undertaken within the IC. Requires annual reports from the DNI to the intelligence committees, in 2009 through 2014, on IC compliance with requirements of this section.
(Sec. 313) Requires the DNI to report annually to the intelligence committees on each acquisition of a major system by an IC element.
(Sec. 314) Requires an IC element program manager of a major system to: (1) determine if the acquisition cost of such system has increased by at least 25% compared to its baseline cost; and (2) if so, notify the DNI of such increase within ten days. Directs the DNI, upon agreeing with the program manager's determination, to submit to the intelligence committees notification of such determination, a description of the increase, and a certification as to its necessity. Requires similar procedures by the IC element program manager and the DNI upon a determination that the acquisition cost of a program exceeds its baseline cost by 50% or more. Prohibits the obligation of funds for the acquisition of a major system if the appropriate certification is not submitted within 30 days after the determination of the cost increase.
Subtitle C: Other Matters - (Sec. 321) Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States.
(Sec. 323) Amends the National Security Act of 1947 to allow funds available to an intelligence committee to be reprogrammed for an intelligence activity if the activity supports an emergent need, improves program effectiveness, or increases efficiency.
(Sec. 324) Amends the National Security Act of 1947 to increase the maximum terms of imprisonment for the disclosure of agent information after access to either agent identifying information or classified information.
(Sec. 325) Extends to IC elements current federal authority to delete from federal gift listing requirements (the listing of gifts received as part of federal employment) information concerning the receipt and disposition of foreign gifts and decorations, if the IC element head certifies to the Secretary of State that publication of such information could adversely affect U.S. intelligence sources or methods.
(Sec. 326) Requires a report from the DNI to the defense and intelligence committees on measures taken by the DNI and each IC element to comply with provisions of the Detainee Treatment Act of 2005 and related provisions of the Military Commissions Act of 2006.
(Sec. 327) Prohibits any individual under the custody or control of an IC element, regardless of nationality or physical location, from being subject to any treatment or technique of interrogation not authorized by the U.S. Army Field Manual on Human Intelligence Collector Operations.
(Sec. 328) Prohibits more than 30% of the funds authorized for an Expenditure Center (as listed in a classified report under the National Intelligence Program) from being obligated or expended until each member of the intelligence committees has been fully informed with respect to intelligence regarding a facility in Syria subject to military action by Israel on September 6, 2007, including intelligence relating to any agent or citizen of North Korea, Iran, or any other foreign country present at the facility.
(Sec. 329) Incorporates into this Act each requirement to submit a report to the intelligence committees that is included in the classified annex to this Act.
(Sec. 330) Amends the National Security Act of 1947 and the Intelligence Authorization Act for Fiscal Year 2003 to repeal various intelligence-related reporting requirements.
Title IV: Matters Relating to Elements of the Intelligence Community - Subtitle A: Office of the Director of National Intelligence - (Sec. 401) States that the prohibition on the co-location of the Office of the DNI with any other IC element applies only to the co-location of the headquarters of each.
(Sec. 402) Replaces the CIA Director with the DNI as a member of the Transportation Security Oversight Board.
(Sec. 403) Establishes additional duties for the DNI's Director of Science and Technology, including: (1) assisting the DNI in establishing goals for basic, applied, and advanced research to meet and execute IC technology needs; and (2) submitting an annual report to Congress on the DNI's science and technology strategy.
(Sec. 404) Designates as the head of the National Counter Proliferation Center the Director of the National Counter Proliferation Center, who shall be appointed by the DNI. Locates such Center within the Office of the DNI.
(Sec. 405) Directs the DNI to develop and report to Congress on a plan to implement across the IC the recommendations of a specified report concerning the use of energy-efficient computer servers in the United States.
(Sec. 406) Directs the DNI to submit to the intelligence committees a classified listing of all special access programs under the National Intelligence Program.
(Sec. 407) Requires the DNI to report to the intelligence committees, at least once during FY2008 and twice during FY2009, on the intentions and capabilities of the Islamic Republic of Iran and the Democratic People's Republic of Korea with regard to their nuclear programs. Authorizes the DNI to submit a National Intelligence Estimate with regard to such intentions and capabilities.
(Sec. 408) Requires the DNI to: (1) conduct accountability reviews of IC elements or personnel in relation to significant failures or deficiencies within the IC; and (2) establish guidelines and procedures for conducting such reviews.
(Sec. 409) Permits the DNI to delegate to the Chief Information Officer of the IC the authority to protect intelligence sources and methods from unauthorized disclosure.
(Sec. 410) Authorizes the DNI to expend funds, and make funds available to other federal departments and agencies, to address deficiencies or needs that arise in intelligence information access or sharing capabilities. Authorizes department or agency heads to use funds made available by the DNI for such purposes. Requires annual reports, in each of FY2009-FY2012, on the distribution of such funds.
(Sec. 411) Authorizes the DNI to approve interagency financing of national intelligence centers established under authority of the National Security Act of 1947, as well as for boards, commissions, councils, or similar groups established by the DNI for a period not to exceed two years. Requires annual reports during FY2009-FY2012 on the exercise of such authority.
(Sec. 412) Renames the DNI's Chief Information Officer as the Chief Information Officer of the Intelligence Community.
(Sec. 413) Codifies under the National Security Act of 1947 the authority of the DNI to establish an Office of the Inspector General of the Intelligence Community. Outlines required duties. Requires semiannual Inspector General reports to the DNI (and to the head of any other federal department, with respect to portions of the report involving that department) summarizing Office activities. Directs the DNI to submit each such report to the intelligence committees. Requires an immediate report from the Inspector General to the DNI whenever the Inspector General becomes aware of serious or flagrant problems, abuses, or deficiencies relating to matters within the authority and responsibility of the DNI. Directs the DNI to submit each such report to the intelligence committees. Allows an IC employee or contractor who intends to report to Congress a complaint or information with respect to an urgent concern to report such complaint or information to the Inspector General. Requires the Inspector General to then determine whether such complaint or information appears credible, and to forward such findings to the DNI, who shall forward it to the intelligence committees. Directs the Inspector General to report to the Attorney General information relating to violations of federal criminal law that involve a program or operation of an IC element, or in relationships between IC elements. Requires the DNI to include in the National Intelligence Program budget a separate account for the Office of the Inspector General. Repeals superseded authority under the Inspector General Act of 1978.
(Sec. 414) Requires the DNI to report annually to the intelligence committees on the foreign language proficiency of each IC element.
(Sec. 415) Requires a report from the DNI to Congress on the advisability of providing federal retirement benefits to U.S. citizens for their service before 1977 as employees of Air America or an associated company while such company was owned or controlled by the U.S. government and operated or managed by the CIA.
(Sec. 416) Requires the DNI to ensure that: (1) space intelligence-related issues and concerns are fully considered in carrying out IC authorities; and (2) IC agencies give due consideration to the vulnerability assessment prepared for a given major system at all stages of architecture and system planning, development, acquisition, operation, and support of a space intelligence system.
(Sec. 417) Exempts from search, review, publication, and disclosure requirements of the Freedom of Information Act certain operational files in the Office of the DNI that were provided by IC elements. Provides exemption exceptions. Requires the DNI, at least once every ten years, to review the exempted operational files to determine whether such files, or any portion thereof, may be removed from the exemption. Provides judicial review of an allegation of the improper withholding of records through the use of such exemption.
(Sec. 418) Makes provisions of the Federal Advisory Committee Act inapplicable to advisory committees of the Office of the DNI.
(Sec. 419) Authorizes the DNI to prescribe regulations to exempt any system of records maintained within the Office of the DNI from certain Privacy Act requirements.
(Sec. 420) Repeals certain administrative authorities within the Office of the National Counterintelligence Executive.
Subtitle B: Central Intelligence Agency - (Sec. 431) Requires the CIA Inspector General, at least every three years, to conduct, and report to the intelligence committees on, an audit of each CIA covert action.
(Sec. 432) Makes inapplicable to the CIA Director a requirement to submit to the intelligence committees an annual report on actions taken to ensure the auditability of CIA financial statements.
(Sec. 433) Amends the Central Intelligence Agency Act of 1949 to authorize CIA protective detail personnel to make arrests without a warrant: (1) for any offense against the United States committed in their presence; or (2) when having reasonable cause to believe that the person to be arrested has committed or is committing a felony. Authorizes the CIA Director to make such personnel available to the DNI. Requires a report from the DNI to the intelligence committees on the exercise of such authority.
(Sec. 435) Amends the Intelligence Authorization Act for Fiscal Year 2004 to replace the CIA Director with the DNI for responsibility over the Office of Intelligence and Analysis.
Subtitle C: Defense Intelligence Components - (Sec. 441) Removes the requirement that the NSA disclose to educational institutions students who are NSA employees or training program participants.
(Sec. 442) Authorizes the NSA Director to designate NSA personnel to perform protective functions for the Director and any NSA personnel designated by the Director. Authorizes such protective personnel to make arrests without a warrant: (1) for any offense against the United States committed in their presence; or (2) when having reasonable cause to believe that the person to be arrested has committed or is committing a felony. Requires the NSA Director to report to the intelligence committees after the exercise of such authority.
(Sec. 443) Amends the Inspector General Act of 1978 to require the heads of the NRO, DIA, NSA, and NGIA to appoint an independent inspector general for their agency (thus giving such inspectors general the same information-gathering power and independence as is currently held by inspectors general of other federal agencies). Allows the Secretary of Defense to prohibit the inspector general of an IC element from initiating, carrying out, or completing any audit or investigation if the DNI or Secretary determines that the prohibition is necessary to protect vital U.S. national security interests. Requires notification of such determination to the defense and intelligence committees.
(Sec. 444) Requires the directors of the NSA and NRO to be appointed by the President, by and with the advice and consent of the Senate.
(Sec. 445) Requires the NGIA, as directed by the DNI, to analyze, disseminate, and incorporate into the National System for Geospatial-Intelligence likenesses, videos, and presentations produced by ground-based platforms, including handheld or clandestine photography taken by or on behalf of human intelligence collection organizations or available as open-source information.
(Sec. 446) Directs the Secretary of Defense, during the period beginning on the date of enactment of this Act and ending on December 31, 2008, to delegate to the NGIA Director personnel security clearance authority with respect to NGIA personnel that is identical to the authority held by the NSA Director over NSA personnel.
Subtitle D: Other Elements - (Sec. 451) Includes appropriate elements of the Coast Guard and DEA within the definition of "intelligence community."
Title V: Other Matters - Subtitle A: General Intelligence Matters - (Sec. 501) Amends the Intelligence Authorization Act for Fiscal Year 2003 to extend until December 31, 2008, the final report requirement of the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community. Provides funding.
(Sec. 502) Directs the DNI to report to the intelligence committees describing any authorization granted during the ten-year period ending on the date of enactment of this Act to engage in intelligence activities related to the overthrow of a democratically elected government.
(Sec. 503) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 to prohibit the Secretary of the Air Force, in any fiscal year after FY2007, from retiring any U-2 aircraft unless the Secretary of Defense has made certain certifications to Congress that the U-2 aircraft no longer contribute to mitigating any gaps in intelligence, surveillance, and reconnaissance capabilities.
Subtitle B: Technical Amendments - (Sec. 511) Makes technical and/or clarifying amendments to the Central Intelligence Agency Act of 1949, the National Defense Authorization Act for Fiscal Year 1991, the National Security Act of 1947, the National Security Intelligence Reform Act of 2004, the Central Intelligence Agency Act of 1949, and other specified laws.
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