[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2082 Referred in Senate (RFS)]

  1st Session
                                H. R. 2082


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2007

      Received; read twice and referred to the Select Committee on 
                              Intelligence

_______________________________________________________________________

                                 AN ACT


 
 To authorize appropriations for fiscal year 2008 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2008''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Incorporation of reporting requirements.
Sec. 106. Limitation on number of personnel of the Office of the 
                            Director of National Intelligence.
 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
Sec. 202. Technical amendment to mandatory retirement provision.
 TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
                            law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Clarification of definition of intelligence community under 
                            the National Security Act of 1947.
Sec. 304. Extension to the intelligence community of authority to 
                            delete information about receipt and 
                            disposition of foreign gifts.
Sec. 305. Modification of requirements for reprogramming of funds for 
                            intelligence activities.
Sec. 306. Delegation of authority for travel on common carriers for 
                            intelligence collection personnel.
Sec. 307. Report on proposed pay for performance intelligence community 
                            personnel management system.
Sec. 308. Plan to increase diversity in the intelligence community.
Sec. 309. Modifications to annual report on protection of intelligence 
                            identities.
  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

Sec. 401. Clarification of limitation on co-location of the Office of 
                            the Director of National Intelligence.
Sec. 402. Membership of the Director of National Intelligence on the 
                            transportation security oversight Board.
Sec. 403. Additional duties of the Director of Science and Technology 
                            of the Office of the Director of National 
                            Intelligence.
Sec. 404. Leadership and location of certain offices and officials.
Sec. 405. Eligibility for incentive awards of personnel assigned to the 
                            Office of the Director of National 
                            Intelligence.
Sec. 406. Multi-level security clearances.
Sec. 407. National intelligence estimate on global climate change.
Sec. 408. Plan to implement recommendations of the data center 
                            efficiency reports.
Sec. 409. Comprehensive inventory of special access programs.
Sec. 410. Quarterly intelligence reports to Congress on Iran and North 
                            Korea.
Sec. 411. Accountability in intelligence contracting.
Sec. 412. Annual report on foreign language proficiency in the 
                            intelligence community.
Sec. 413. Intelligence community reports on foreign language 
                            proficiency.
Sec. 414. Report on personnel of the intelligence community.
Sec. 415. Director of National Intelligence report on retirement 
                            benefits for former employees of Air 
                            America.
                Subtitle B--Central Intelligence Agency

Sec. 421. Deputy Director of the Central Intelligence Agency.
Sec. 422. General authorities of the Central Intelligence Agency.
Sec. 423. Review of covert action programs by Inspector General of the 
                            CIA.
Sec. 424. Report on audited financial statements progress.
                       Subtitle C--Other Elements

Sec. 431. Clarifying amendments relating to Section 105 of the 
                            Intelligence Authorization Act for Fiscal 
                            Year 2004.
Sec. 432. Repeal of certain authorities relating to the Office of the 
                            National Counterintelligence Executive.
Sec. 433. Clarification of inclusion of Coast Guard and Drug 
                            Enforcement Administration elements in the 
                            Intelligence Community.
                         TITLE V--OTHER MATTERS

                Subtitle A--General Intelligence Matters

Sec. 501. Aerial reconnaissance platforms.
Sec. 502. Extension of national commission for review of research and 
                            development programs of the United States 
                            intelligence community.
Sec. 503. Report on authorization to overthrow democratically elected 
                            governments.
Sec. 504. Reiteration of the Foreign Intelligence Surveillance Act of 
                            1978 as the exclusive means by which 
                            electronic surveillance may be conducted 
                            for gathering foreign intelligence 
                            information.
                    Subtitle B--Technical Amendments

Sec. 511. Technical amendments relating to the multiyear National 
                            Intelligence Program.
Sec. 512. Technical clarification of certain references to joint 
                            military intelligence Program and tactical 
                            intelligence and related Activities.
Sec. 513. Technical amendments to the National Security Act of 1947.
Sec. 514. Technical amendments to the Intelligence Reform and Terrorism 
                            Prevention Act of 2004.
Sec. 515. Technical amendments to the Executive Schedule.
Sec. 516. Technical amendments relating to titles of Central 
                            Intelligence Agency positions.
Sec. 517. Technical amendments relating to redesignation of the 
                            National Imagery and Mapping Agency as the 
                            national Geospatial-Intelligence Agency.
  TITLE VI--COMMUNICATION OF INFORMATION CONCERNING TERRORIST THREATS

Sec. 601. Identification of best practices.
Sec. 602. Centers of best practices.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means--
                    (A) the Permanent Select Committee on Intelligence 
                of the House of Representatives; and
                    (B) the Select Committee on Intelligence of the 
                Senate.
            (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given the term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 401a(4)).

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2008 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Office of the Director of National Intelligence.
            (2) The Central Intelligence Agency.
            (3) The Department of Defense.
            (4) The Defense Intelligence Agency.
            (5) The National Security Agency.
            (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (7) The Coast Guard.
            (8) The Department of State.
            (9) The Department of the Treasury.
            (10) The Department of Energy.
            (11) The Department of Justice.
            (12) The Federal Bureau of Investigation.
            (13) The Drug Enforcement Administration.
            (14) The National Reconnaissance Office.
            (15) The National Geospatial-Intelligence Agency.
            (16) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Ceilings.--Subject to 
section 106, the amounts authorized to be appropriated under section 
101, and the authorized personnel ceilings as of September 30, 2008, 
for the conduct of the intelligence and intelligence-related activities 
of the elements listed in such section, are those specified in the 
classified Schedule of Authorizations prepared to accompany the bill 
H.R. 2082 of the One Hundred Tenth Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and to the 
President. The President shall provide for suitable distribution of the 
Schedule, or of appropriate portions of the Schedule, within the 
executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--Subject to section 106, with the 
approval of the Director of the Office of Management and Budget, the 
Director of National Intelligence may authorize employment of civilian 
personnel in excess of the number authorized for fiscal year 2008 under 
section 102 when the Director of National Intelligence determines that 
such action is necessary to the performance of important intelligence 
functions, except that the number of personnel employed in excess of 
the number authorized under such section may not, for any element of 
the intelligence community, exceed 2 percent of the number of civilian 
personnel authorized under such section for such element.
    (b) Notice to Intelligence Committees.--The Director of National 
Intelligence shall promptly notify the congressional intelligence 
committees whenever the Director exercises the authority granted by 
this section.

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2008 the sum of 
$737,876,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2009.
    (b) Authorized Personnel Levels.--Subject to section 106, the 
elements within the Intelligence Community Management Account of the 
Director of National Intelligence are authorized 1035 full-time 
personnel as of September 30, 2008. Personnel serving in such elements 
may be permanent employees of the Intelligence Community Management 
Account or personnel detailed from other elements of the United States 
Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to 
        amounts authorized to be appropriated for the Intelligence 
        Community Management Account by subsection (a), there are also 
        authorized to be appropriated for the Intelligence Community 
        Management Account for fiscal year 2008 such additional amounts 
        as are specified in the classified Schedule of Authorizations 
        referred to in section 102(a). Such additional amounts for 
        advanced research and development shall remain available until 
        September 30, 2009.
            (2) Authorization of personnel.--Subject to section 106, in 
        addition to the personnel authorized by subsection (b) for 
        elements of the Intelligence Community Management Account as of 
        September 30, 2008, there are also authorized such additional 
        personnel for such elements as of that date as are specified in 
        the classified Schedule of Authorizations.
    (d) Reimbursement.--Except as provided in section 113 of the 
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2008 
any officer or employee of the United States or a member of the Armed 
Forces who is detailed to the staff of the Intelligence Community 
Management Account from another element of the United States Government 
shall be detailed on a reimbursable basis, except that any such 
officer, employee, or member may be detailed on a nonreimbursable basis 
for a period of less than one year for the performance of temporary 
functions as required by the Director of National Intelligence.
    (e) National Drug Intelligence Center.--
            (1) In general.--Of the amount authorized to be 
        appropriated in subsection (a), $39,000,000 shall be available 
        for the National Drug Intelligence Center. Within such amount, 
        funds provided for research, development, testing, and 
        evaluation purposes shall remain available until September 30, 
        2009, and funds provided for procurement purposes shall remain 
        available until September 30, 2010.
            (2) Transfer of funds.--The Director of National 
        Intelligence shall transfer to the Attorney General funds 
        available for the National Drug Intelligence Center under 
        paragraph (1). The Attorney General shall utilize funds so 
        transferred for the activities of the National Drug 
        Intelligence Center.
            (3) Limitation.--Amounts available for the National Drug 
        Intelligence Center may not be used for purposes of exercising 
        police, subpoena, or law enforcement powers or internal 
        security functions.
            (4) Authority.--Notwithstanding any other provision of law, 
        the Attorney General shall retain full authority over the 
        operations of the National Drug Intelligence Center.

SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.

    Each requirement to submit a report to the congressional 
intelligence committees that is included in the joint explanatory 
statement to accompany the conference report on the bill H.R. 2082 of 
the One Hundred Tenth Congress, or in the classified annex to this Act, 
is hereby incorporated into this Act, and is hereby made a requirement 
in law.

SEC. 106. LIMITATION ON NUMBER OF PERSONNEL OF THE OFFICE OF THE 
              DIRECTOR OF NATIONAL INTELLIGENCE.

    Notwithstanding any other provision of this Act, the Office of the 
Director of National Intelligence is authorized only the number of 
personnel as were serving in such Office on May 1, 2007.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2008 the sum of 
$262,500,000.

SEC. 202. TECHNICAL AMENDMENT TO MANDATORY RETIREMENT PROVISION.

    Section 235(b)(1)(A) of the Central Intelligence Agency Retirement 
Act (50 U.S.C. 2055(b)(1)(A)) is amended to read as follows:
                    ``(A) upon reaching age 65, in the case of a 
                participant in the system serving in a position with a 
                Senior Intelligence Service rank of level 4 or 
                above;''.

 TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
              LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    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 the laws of 
the United States.

SEC. 303. CLARIFICATION OF DEFINITION OF INTELLIGENCE COMMUNITY UNDER 
              THE NATIONAL SECURITY ACT OF 1947.

    Subparagraph (L) of section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4)) is amended by striking ``other'' the second 
place it appears.

SEC. 304. EXTENSION TO THE INTELLIGENCE COMMUNITY OF AUTHORITY TO 
              DELETE INFORMATION ABOUT RECEIPT AND DISPOSITION OF 
              FOREIGN GIFTS.

    Section 7342(f)(4) of title 5, United States Code, is amended to 
read as follows:
    ``(4) In transmitting such listings for an element of the 
intelligence community (as such term is defined in section 3(4) of the 
National Security Act of 1947 (50 U.S.C. 401a(4))), the head of such 
element of the intelligence community may delete the information 
described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the 
head of such element of the intelligence community certifies in writing 
to the Secretary of State that the publication of such information 
could adversely affect United States intelligence sources or 
methods.''.

SEC. 305. MODIFICATION OF REQUIREMENTS FOR REPROGRAMMING OF FUNDS FOR 
              INTELLIGENCE ACTIVITIES.

    Section 504(a)(3)(B) of the National Security Act of 1947 (50 
U.S.C. 414(a)(3)(B)) is amended to read as follows:
                    ``(B) the activity to be funded supports an 
                emergent need, improves program effectiveness, or 
                increases efficiency; and''.

SEC. 306. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON CARRIERS FOR 
              INTELLIGENCE COLLECTION PERSONNEL.

    (a) Delegation of Authority.--Section 116(b) of the National 
Security Act of 1947 (50 U.S.C. 404k(b)) is amended--
            (1) by inserting ``(1)'' before ``The Director'';
            (2) in paragraph (1), by striking ``may only delegate'' and 
        all that follows and inserting ``may delegate the authority in 
        subsection (a) to the head of any other element of the 
        intelligence community.''; and
            (3) by adding at the end the following new paragraph:
    ``(2) The head of an element of the intelligence community to whom 
the authority in subsection (a) is delegated pursuant to paragraph (1) 
may further delegate such authority to such senior officials of such 
element as are specified in guidelines prescribed by the Director of 
National Intelligence for purposes of this paragraph.''.
    (b) Submission of Guidelines to Congress.--Not later than six 
months after the date of the enactment of this Act, the Director of 
National Intelligence shall prescribe and submit to the congressional 
intelligence committees the guidelines referred to in paragraph (2) of 
section 116(b) of the National Security Act of 1947, as added by 
subsection (a).

SEC. 307. REPORT ON PROPOSED PAY FOR PERFORMANCE INTELLIGENCE COMMUNITY 
              PERSONNEL MANAGEMENT SYSTEM.

    (a) Prohibition on Pay for Performance Until Report.--The Director 
of National Intelligence and the head of each element of the 
intelligence community may not implement a plan that provides 
compensation to personnel of an element of the intelligence community 
based on performance until the date that is 45 days after the date on 
which the Director of National Intelligence submits a report under 
subsection (b).
    (b) Report.--The Director of National Intelligence shall submit to 
the congressional intelligence committees a report on performance-based 
compensation for the intelligence community, including--
            (1) an implementation time line, by phase and by element of 
        the intelligence community, which includes target dates for 
        completion of--
                    (A) the development of performance appraisal plans;
                    (B) establishment of oversight and appeal 
                mechanisms;
                    (C) deployment of information technology systems;
                    (D) management training;
                    (E) employee training;
                    (F) compensation transition; and
                    (G) full operational capacity;
            (2) an estimated budget, by phase of implementation and 
        element of the intelligence community, for the implementation 
        of the performance-based compensation system;
            (3) an evaluation plan to monitor the implementation of the 
        performance-based compensation system and to improve and modify 
        such system;
            (4) written standards for measuring the performance of 
        employees;
            (5) a description of the performance-based compensation 
        system, including budget oversight mechanisms to ensure 
        sufficient funds to pay employees for bonuses;
            (6) a description of internal and external accountability 
        mechanisms to ensure the fair treatment of employees;
            (7) a plan for initial and ongoing training for senior 
        executives, managers, and employees;
            (8) a description of the role of any advisory committee or 
        other mechanism designed to gather the input of employees 
        relating to the creation and implementation of the system; and
            (9) an assessment of the impact of the performance-based 
        compensation system on women, minorities, persons with 
        disabilities, and veterans.

SEC. 308. PLAN TO INCREASE DIVERSITY IN THE INTELLIGENCE COMMUNITY.

    (a) Strategic Plan Required.--The Director of National Intelligence 
shall submit to the congressional intelligence committees a plan to 
increase diversity across the intelligence community. Such plan shall 
include--
            (1) a description of the long term and short term goals for 
        the intelligence community;
            (2) a description of how the plan will be implemented by 
        each element of the intelligence community, taking into account 
        the unique nature of individual elements of the intelligence 
        community;
            (3) training and education programs for senior officials 
        and managers; and
            (4) performance metrics.
    (b) Restriction on Community Management Funds Until Submission of 
Plan.--The Director of National Intelligence may only obligate or 
expend 80 percent of the funds appropriated to the Intelligence 
Community Management Account pursuant to section 104(a) until the date 
on which the report required under subsection (a) is submitted.

SEC. 309. MODIFICATIONS TO ANNUAL REPORT ON PROTECTION OF INTELLIGENCE 
              IDENTITIES.

    The first sentence of section 603(a) of the National Security Act 
of 1947 (50 U.S.C. 423(a)) is amended by inserting ``, including an 
assessment of the need for any modification of this title for the 
purpose of improving legal protections for covert agents'' after 
``measures to protect the identities of covert agents''.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

SEC. 401. CLARIFICATION OF LIMITATION ON CO-LOCATION OF THE OFFICE OF 
              THE DIRECTOR OF NATIONAL INTELLIGENCE.

    Section 103(e) of the National Security Act of 1947 (50 U.S.C. 403-
3(e)) is amended--
            (1) in the heading, by striking ``With'' and inserting ``of 
        Headquarters With Headquarters of'' ;
            (2) by inserting ``the headquarters of'' before ``the 
        Office''; and
            (3) by inserting ``the headquarters of'' before ``any other 
        element''.

SEC. 402. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON THE 
              TRANSPORTATION SECURITY OVERSIGHT BOARD.

    Subparagraph (F) of section 115(b)(1) of title 49, United States 
Code, is amended to read as follows:
                    ``(F) The Director of National Intelligence, or the 
                Director's designee.''.

SEC. 403. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND TECHNOLOGY 
              OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

    (a) Coordination and Prioritization of Research Conducted by 
Elements of Intelligence Community.--Subsection (d) of section 103E of 
the National Security Act of 1947 (50 U.S.C. 403-3e) is amended--
            (1) in paragraph (3)(A), by inserting ``and prioritize'' 
        after ``coordinate''; and
            (2) by adding at the end the following new paragraph:
    ``(4) In carrying out paragraph (3)(A), the Committee shall 
identify basic, advanced, and applied research programs to be executed 
by elements of the intelligence community.''.
    (b) Development of Technology Goals.--Such section is further 
amended--
            (1) in subsection (c)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (5) as paragraph 
                (6); and
                    (C) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) assist the Director in establishing goals for the 
        elements of the intelligence community to meet the technology 
        needs of the intelligence community; and''; and
            (2) by adding at the end the following new subsection:
    ``(e) Goals for Technology Needs of Intelligence Community.--In 
carrying out subsection (c)(5), the Director of Science and Technology 
shall--
            ``(1) systematically identify and assess the most 
        significant intelligence challenges that require technical 
        solutions;
            ``(2) examine options to enhance the responsiveness of 
        research programs; and
            ``(3) ensure that programs are designed to meet the 
        technical requirements of the intelligence community.''.
    (c) Report.--(1) Not later than June 30, 2008, the Director of 
National Intelligence shall submit to Congress a report containing a 
strategy for the development and use of technology in the intelligence 
community through 2018.
    (2) The report shall include--
            (A) an assessment of the highest priority intelligence gaps 
        across the intelligence community that may be resolved by the 
        use of technology;
            (B) goals for basic, advanced, and applied research and 
        development and a strategy to achieve such goals;
            (C) an explanation of how each advanced research and 
        development project funded under the National Intelligence 
        Program addresses an identified intelligence gap;
            (D) a list of all current and projected research and 
        development projects by research type (basic, advanced, or 
        applied) with estimated funding levels, estimated initiation 
        dates, and estimated completion dates; and
            (E) a plan to transition technology from research and 
        development projects into National Intelligence Program 
        acquisition programs.
    (3) The report may be submitted in classified form.

SEC. 404. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND OFFICIALS.

    (a) National Counter Proliferation Center.--Section 119A(a) of the 
National Security Act of 1947 (50 U.S.C. 404o-1(a)) is amended--
            (1) by striking ``Establishment.--Not later than 18 months 
        after the date of the enactment of the National Security 
        Intelligence Reform Act of 2004, the'' and inserting ``(1) 
        Establishment.--The''; and
            (2) by adding at the end the following new paragraphs:
    ``(2) Director.--The head of the National Counter Proliferation 
Center shall be the Director of the National Counter Proliferation 
Center, who shall be appointed by the Director of National 
Intelligence.
    ``(3) Location.--The National Counter Proliferation Center shall be 
located within the Office of the Director of National Intelligence.''.
    (b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-3(c)) is 
amended--
            (1) by redesignating paragraph (9) as paragraph (13); and
            (2) by inserting after paragraph (8) the following new 
        paragraphs:
            ``(9) The Chief Information Officer of the intelligence 
        community.
            ``(10) The Inspector General of the intelligence community.
            ``(11) The Director of the National Counterterrorism 
        Center.
            ``(12) The Director of the National Counter Proliferation 
        Center.''.

SEC. 405. ELIGIBILITY FOR INCENTIVE AWARDS OF PERSONNEL ASSIGNED TO THE 
              OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

    (a) In General.--Subsection (a) of section 402 of the Intelligence 
Authorization Act for Fiscal Year 1984 (50 U.S.C. 403e-1) is amended to 
read as follows:
    ``(a) Authority for Payment of Awards.--(1) The Director of 
National Intelligence may exercise the authority granted in section 
4503 of title 5, United States Code, with respect to Federal employees 
and members of the Armed Forces detailed or assigned to the Office of 
the Director of National Intelligence in the same manner as such 
authority may be exercised with respect to personnel of the Office.
    ``(2) The Director of the Central Intelligence Agency may exercise 
the authority granted in section 4503 of title 5, United States Code, 
with respect to Federal employees and members of the Armed Forces 
detailed or assigned to the Central Intelligence Agency in the same 
manner as such authority may be exercised with respect to personnel of 
the Agency.''.
    (b) Repeal of Obsolete Authority.--Such section is further 
amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsection (d) as subsection (c).
    (c) Conforming Amendments.--Such section is further amended--
            (1) in subsection (b), by striking ``to the Central 
        Intelligence Agency or to the Intelligence Community Staff'' 
        and inserting ``to the Office of the Director of National 
        Intelligence or to the Central Intelligence Agency''; and
            (2) in subsection (c), as redesignated by subsection (b)(2) 
        of this section, by striking ``Director of Central 
        Intelligence'' and inserting ``Director of National 
        Intelligence or Director of the Central Intelligence Agency''.
    (d) Technical and Stylistic Amendments.--That section is further 
amended--
            (1) in subsection (b)--
                    (A) by inserting ``Personnel Eligible for Awards.--
                '' after ``(b)'';
                    (B) by striking ``subsection (a) of this section'' 
                and inserting ``subsection (a)''; and
                    (C) by striking ``a date five years before the date 
                of enactment of this section'' and inserting ``December 
                9, 1978''; and
            (2) in subsection (c), as so redesignated, by inserting 
        ``Payment and Acceptance of Awards.--'' after ``(c)''.

SEC. 406. MULTI-LEVEL SECURITY CLEARANCES.

    (a) In General.--Section 102A of the National Security Act of 1947 
(50 U.S.C. 403-1) is amended by adding at the end the following new 
subsection:
    ``(s) Multi-Level Security Clearances.--The Director of National 
Intelligence shall establish a multi-level security clearance system 
for the intelligence community to enable the intelligence community to 
more efficiently make use of persons proficient in foreign languages or 
with cultural, linguistic, or other subject matter expertise that is 
critical to national security.''.
    (b) Establishment Date.--The Director of National Intelligence 
shall establish a multi-level security clearance system under section 
102A(s) of the National Security Act of 1947, as added by subsection 
(a), not later than 180 days after the date of the enactment of this 
Act.

SEC. 407. NATIONAL INTELLIGENCE ESTIMATE ON GLOBAL CLIMATE CHANGE.

    (a) National Intelligence Estimate.--Not later than 270 days after 
the date of enactment of this Act, the Director of National 
Intelligence shall submit to Congress a national intelligence estimate 
on the anticipated geopolitical effects of global climate change and 
the implications of such effects on the national security of the United 
States.
    (b) Content.--In preparing the national intelligence estimate 
required by this section, the Director of National Intelligence shall--
            (1) assess the political, social, agricultural, and 
        economic risks during the 30-year period beginning on the date 
        of enactment of this Act posed by global climate change for 
        countries or regions that are--
                    (A) of strategic national security importance to 
                the United States and at risk of significant impact due 
                to global climate change; or
                    (B) at significant risk of large-scale humanitarian 
                suffering with cross-border implications as predicted 
                on the basis of the assessments;
            (2) assess the capabilities of the countries or regions 
        described in subparagraph (A) or (B) of paragraph (1) to 
        respond to adverse national security impacts caused by global 
        climate change;
            (3) assess the strategic challenges and opportunities posed 
        to the United States by the risks described in paragraph (1); 
        and
            (4) assess the impact of global climate change on the 
        activities of the United States intelligence community 
        throughout the world.
    (c) Coordination.--In preparing the national intelligence estimate 
under this section, the Director of National Intelligence shall consult 
with representatives of the scientific community, and, as appropriate, 
multilateral institutions and allies of the United States that have 
conducted significant research on global climate change.
    (d) Form.--The national intelligence estimate required by this 
section (including key judgments) shall be submitted in unclassified 
form, but may include a classified annex.

SEC. 408. PLAN TO IMPLEMENT RECOMMENDATIONS OF THE DATA CENTER 
              EFFICIENCY REPORTS.

    (a) Plan.--The Director of National Intelligence shall develop a 
plan to implement the recommendations of the report submitted to 
Congress under section 1 of the Act entitled ``An Act to study and 
promote the use of energy efficient computer servers in the United 
States'' (Public Law 109-431; 120 Stat. 2920) across the intelligence 
community.
    (b) Report.--
            (1) In general.--Not later then February 1, 2008, the 
        Director of National Intelligence shall submit to Congress a 
        report containing the plan developed under subsection (a).
            (2) Form.--The report under paragraph (1) shall be 
        submitted in unclassified form, but may contain a classified 
        annex.

SEC. 409. COMPREHENSIVE INVENTORY OF SPECIAL ACCESS PROGRAMS.

    Not later than January 15, 2008, the Director of National 
Intelligence shall submit to the congressional intelligence committees 
a classified report providing a comprehensive inventory of all special 
access programs under the National Intelligence Program (as defined in 
section 3(6) of the National Security Act of 1947 (50 U.S.C. 401a(6))).

SEC. 410. QUARTERLY INTELLIGENCE REPORTS TO CONGRESS ON IRAN AND NORTH 
              KOREA.

    (a) In General.--
            (1) Report.--Title V of the National Security Act of 1947 
        (50 U.S.C. 413 et seq.) is amended by adding at the end the 
        following new section:

  ``quarterly intelligence reports to congress on iran and north korea

    ``Sec. 508.  (a) Report.--
            ``(1) In general.--On a quarterly basis, the Director of 
        National Intelligence shall submit to the congressional 
        intelligence committees a report on the current intentions and 
        capabilities of the Islamic Republic of Iran and Democratic 
        People's Republic of Korea (North Korea) with regard to the 
        nuclear programs of Iran and North Korea, respectively, 
        including--
                    ``(A) an assessment of nuclear weapons programs;
                    ``(B) an evaluation, consistent with existing 
                reporting standards and practices, of the sources upon 
                which the intelligence is based, including the number 
                of sources and the reliability of each source;
                    ``(C) a summary of any new intelligence gathered or 
                developed since the previous report, including 
                intelligence collected from both open and clandestine 
                sources; and
                    ``(D) a discussion of any dissents, caveats, gaps 
                in knowledge, or other information that would reduce 
                confidence in the overall assessment.
            ``(2) Form.--Each report submitted under paragraph (1) may 
        be submitted in classified form.
    ``(b) Access to Report.--Each report submitted under subsection 
(a)(1) shall be made available to all members of the congressional 
intelligence committees and to all staff of the congressional 
intelligence committees with appropriate security clearance. Other 
members of the Senate or the House of Representatives may review the 
reports in accordance with security procedures established by each of 
the congressional intelligence committees.''.
            (2) Conforming amendment.--The table of contents in the 
        first section of such Act is amended by inserting after the 
        item relating to section 507 the following new item:

``Sec. 508. Quarterly intelligence reports to Congress on Iran and 
                            North Korea.''.
    (b) Effective Date.--The first report required to be submitted 
under section 508(a)(1) of the National Security Act of 1947, as added 
by subsection (a)(1), shall be submitted not later than 30 days after 
the date of the enactment of this Act.

SEC. 411. ACCOUNTABILITY IN INTELLIGENCE CONTRACTING.

    (a) Oversight Report on IC Contractors.--
            (1) Report.--
                    (A) In general.--Title V of the National Security 
                Act of 1947 (50 U.S.C. 413 et seq.) is further amended 
                by adding at the end the following new section:

             ``report on intelligence community contractors

    ``Sec. 509.  Not later each year than the date provided in section 
507, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report on contractors funded 
under the National Intelligence Program. Such report shall include--
            ``(1) a list of all contractors that--
                    ``(A) have been the subject of an investigation 
                completed by the Inspector General of any element of 
                the intelligence community during the preceding fiscal 
                year,
                    ``(B) are the subject of an investigation by such 
                an Inspector General during the current fiscal year, or
                    ``(C) will be the subject of an investigation that 
                may affect the ability of the contractor to deliver 
                contracted services to the intelligence community by 
                such an Inspector General during the current fiscal 
                year,
        either as a corporate entity or an individual employee, for 
        financial waste, fraud, abuse of government resources, failure 
        to perform a contract, or criminal violations; and
            ``(2) the number of contractors performing services for 
        each element of the intelligence community.''.
                    (B) Report date.--Section 507(a)(1) of such Act (50 
                U.S.C. 415b(a)(1)) is amended by--
                            (i) redesignating subparagraph (N) as 
                        subparagraph (J);
                            (ii) adding at the end the following new 
                        subparagraph:
            ``(K) The annual report on intelligence community 
        contractors required by section 509.''.
            (2) Conforming amendment.--The table of contents in the 
        first section of such Act is further amended by inserting after 
        the item relating to section 508, as added by section 410, the 
        following new item:

``Sec. 509. Report on intelligence community contractors.''.
    (b) Report on Regulations and Accountability Mechanisms Governing 
Intelligence Community Contractors.--
            (1) Report requirement.--Not later than February 1, 2008, 
        the Director of National Intelligence shall submit to the 
        congressional intelligence committees a report on 
        accountability mechanisms that govern the ongoing performance 
        of contractors for personal services contracts under the 
        National Intelligence Program.
            (2) Matters covered.--The report submitted under paragraph 
        (1) shall include--
                    (A) a list of statutes and regulations that govern 
                the ongoing performance of contractors for services 
                contracts entered into by each element of the 
                intelligence community;
                    (B) an analysis of accountability mechanisms within 
                services contracts awarded for intelligence activities 
                by each element of the intelligence community during 
                fiscal years 2006 and 2007;
                    (C) an analysis of procedures in use in the 
                intelligence community for conducting oversight of 
                contractors to ensure identification and prosecution of 
                criminal violations, financial waste, fraud, or other 
                abuses committed by contractors or contract personnel; 
                and
                    (D) an identification of best practices of 
                accountability mechanisms within services contracts.
            (3) Form.--The report under paragraph (1) shall be 
        submitted in unclassified form, but may contain a classified 
        annex.
    (c) Impact of Contractors on the Intelligence Community 
Workforce.--
            (1) Report requirement.--Not later than March 1, 2008, the 
        Director of National Intelligence shall submit to the 
        congressional intelligence committees a report on the impact of 
        contractors on the intelligence community workforce under the 
        National Intelligence Program.
            (2) Matters covered.--The report submitted under paragraph 
        (1) shall include--
                    (A) an identification of contracts where the 
                contractor is providing a substantially similar 
                functions to a government employee;
                    (B) a comparison of the compensation of contract 
                employees and government employees performing 
                substantially similar functions;
                    (C) an analysis of the attrition of government 
                personnel for contractor positions that provide 
                substantially similar functions; and
                    (D) an estimate of the value of the infrastructure 
                provided to contract employees for government furnished 
                equipment, facilities, or other support, by agency and 
                expenditure center.
    (d) Use of Contractors for Intelligence Activities.--
            (1) Report.--Not later than April 1, 2008, the Director of 
        National Intelligence shall submit to the congressional 
        intelligence committees a report on personal services 
        activities performed by contractors under the National 
        Intelligence Program and, at the discretion of the Director of 
        National Intelligence, the Military Intelligence Program. Such 
        report shall include--
                    (A) an inventory of the types of functions and 
                activities performed by contractors in fulfillment of 
                contracts for each element of the intelligence 
                community;
                    (B) a description of any relevant regulations or 
                guidance issued by the Director of National 
                Intelligence or the head of an element of the 
                intelligence community relating to minimum standards 
                required regarding the hiring, training, security 
                clearance, and assignment of contract personnel;
                    (C) an assessment of costs incurred or savings 
                achieved by awarding contracts for the performance of 
                such functions referred to in subparagraph (A) instead 
                of using full-time employees of the elements of the 
                intelligence community to perform such functions;
                    (D) a description of the types of functions or 
                activities that the Director of National Intelligence 
                considers appropriate to be carried out by contractors;
                    (E) a description of the types of functions or 
                activities that the Director of National Intelligence 
                considers inappropriate to be carried out by 
                contractors;
                    (F) an assessment of the appropriateness of using 
                contractors to perform the activities described in 
                paragraph (2); and
                    (G) an estimate of the number of contracts, and the 
                number of personnel working under such contracts, 
                related to the performance of activities described in 
                paragraph (2).
            (2) Activities.--Activities described in this paragraph are 
        the following:
                    (A) Intelligence collection.
                    (B) Intelligence analysis.
                    (C) Covert actions.
                    (D) Interrogation of a person detained, imprisoned, 
                or otherwise held in the custody or under the control 
                of the United States Government.
                    (E) Support for the detention, imprisonment, or 
                holding of a person under the custody or control of the 
                United States Government, including activities relating 
                to the detention, transfer, or transportation of such 
                person across international borders.
                    (F) Conduct of electronic or physical surveillance 
                or monitoring of United States citizens in the United 
                States.
            (3) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.

SEC. 412. ANNUAL REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE 
              INTELLIGENCE COMMUNITY.

    (a) Report.--
            (1) In general.--Title V of the National Security Act of 
        1947 (50 U.S.C. 413 et seq.) is further amended by adding at 
        the end the following new section:

 ``report on foreign language proficiency in the intelligence community

    ``Sec. 510.  Not later each year than the date provided in section 
507, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report on the foreign language 
proficiency of each element of the intelligence community, including--
            ``(1) the number of positions authorized for such element 
        that require foreign language proficiency and the level of 
        proficiency required;
            ``(2) the number of positions authorized for such element 
        that require foreign language proficiency that are filled by--
                    ``(A) military personnel; and
                    ``(B) civilian personnel;
            ``(3) the number of applicants for positions in such 
        element in the previous fiscal year that indicated foreign 
        language proficiency, including the foreign language indicated 
        and the proficiency level;
            ``(4) the number of persons hired by such element with 
        foreign language proficiency, including the foreign language 
        and proficiency level;
            ``(5) the number of personnel of such element currently 
        attending foreign language training, including the provider of 
        such training;
            ``(6) a description of such element's efforts to recruit, 
        hire, train, and retain personnel that are proficient in a 
        foreign language; and
            ``(7) an assessment of methods and models for basic, 
        advanced, and intensive foreign language training.''.
            (2) Report date.--Section 507(a)(1) of such Act (50 U.S.C. 
        415b(a)(1)) is further amended by adding at the end the 
        following new subparagraph:
            ``(L) The annual report on foreign language proficiency in 
        the intelligence community required by section 510.''.
    (b) Conforming Amendment.--The table of contents in the first 
section of such Act is further amended by inserting after the item 
relating to section 509, as added by section 411, the following new 
item:

``Sec. 510. Report on foreign language proficiency in the intelligence 
                            community.''.

SEC. 413. INTELLIGENCE COMMUNITY REPORTS ON FOREIGN LANGUAGE 
              PROFICIENCY.

    (a) Annual Reports.--
            (1) In general.--Title I of the National Security Act of 
        1947 (50 U.S.C. 401 et seq.) is amended by adding at the end 
        the following new section:

            ``annual reports on foreign language proficiency

    ``Sec. 120.  (a) In General.--The head of each element of the 
intelligence community shall annually submit to the Director of 
National Intelligence a report on the foreign language proficiency of 
the personnel of such element.
    ``(b) Contents.--
            ``(1) In general.--Each report submitted under subsection 
        (a) shall include, for each foreign language and, where 
        appropriate, dialect of a foreign language--
                    ``(A) the number of positions of such element that 
                require proficiency in the foreign language or dialect;
                    ``(B) the number of personnel of such element that 
                are serving in a position that--
                            ``(i) requires proficiency in the foreign 
                        language or dialect to perform the primary duty 
                        of the position; and
                            ``(ii) does not require proficiency in the 
                        foreign language or dialect to perform the 
                        primary duty of the position;
                    ``(C) the number of personnel that are proficient 
                in the foreign language or dialect that--
                            ``(i) are authorized for the element of the 
                        intelligence community for which the report is 
                        submitted; and
                            ``(ii) the head of such element considers 
                        necessary for such element for each of the five 
                        years following the date of the submission of 
                        the report;
                    ``(D) the number of personnel of such element rated 
                at each level of proficiency of the Interagency 
                Language Roundtable;
                    ``(E) whether the number of personnel at each level 
                of proficiency of the Interagency Language Roundtable 
                meets the requirements of such element;
                    ``(F) the number of personnel serving or hired to 
                serve as linguists for such element that are not 
                qualified as linguists under the standards of the 
                Interagency Language Roundtable;
                    ``(G) the number of personnel hired to serve as 
                linguists for such element during the preceding 
                calendar year;
                    ``(H) the number of personnel serving as linguists 
                that discontinued serving such element during the 
                preceding calendar year;
                    ``(I) the percentage of work requiring linguistic 
                skills that is fulfilled by an ally of the United 
                States;
                    ``(J) the percentage of work requiring linguistic 
                skills that is fulfilled by contractors; and
                    ``(K) the percentage of work requiring linguistic 
                skills that is fulfilled by members of the Armed 
                Forces.
            ``(2) Military personnel.--Except as provided in paragraph 
        (1)(K), a report submitted under subsection (a) shall not 
        include personnel that are members of the Armed Forces on 
        active duty assigned to the element for which the report is 
        submitted.
    ``(c) DNI Report to Congress.--The Director of National 
Intelligence shall annually submit to the Permanent Select Committee on 
Intelligence and the Subcommittee on Defense of the Committee on 
Appropriations of the House of Representatives and the Select Committee 
on Intelligence and the Subcommittee on Defense of the Committee on 
Appropriations of the Senate a report containing--
            ``(1) each report submitted to the Director of National 
        Intelligence for a year under subsection (a);
            ``(2) an assessment of the foreign language capacity and 
        capabilities of the intelligence community as a whole; and
            ``(3) recommendations for eliminating required reports 
        relating to foreign-language proficiency that the Director of 
        National Intelligence considers outdated or no longer 
        relevant.''.
            (2) Table of contents.--Such Act is further amended in the 
        table of contents in the first section by inserting after the 
        item relating to section 119B the following new item:

``Sec. 120. Annual reports on foreign language proficiency.''.
    (b) Effective Date.--
            (1) Report by heads of elements of the intelligence 
        community.--The first report required to be submitted by the 
        head of each element of the intelligence community under 
        section 120(a) of the National Security Act of 1947, as added 
        by subsection (a)(1), shall be submitted not later than 180 
        days after the date of the enactment of this Act.
            (2) Report by dni.--The first report required to be 
        submitted by the Director of National Intelligence under 
        section 120(c) of the National Security Act of 1947, as added 
        by subsection (a)(1), shall be submitted not later than 240 
        days after the date of the enactment of this Act.

SEC. 414. REPORT ON PERSONNEL OF THE INTELLIGENCE COMMUNITY.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the congressional intelligence committees a report 
containing--
            (1) the number of intelligence collectors and analysts 
        employed or contracted by each element of the intelligence 
        community; and
            (2) a plan to maximize the number of intelligence 
        collectors employed or contracted by the intelligence 
        community.
    (b) Limitation on Personnel.--
            (1) Limitation.--Subject to paragraph (2), but 
        notwithstanding any other provision of this Act (including the 
        classified Schedule of Authorizations referred to in section 
        102(a)), the Office of the Director of National Intelligence is 
        authorized not more than--
                    (A) the number of personnel employed or contracted 
                by such Office as of May 9, 2007; and
                    (B) an additional 15 percent of such number of 
                personnel employed or contracted by such Office as of 
                May 9, 2007.
            (2) Termination of limitation.--The limitation on the 
        number of personnel authorized for the Office of the Director 
        of National Intelligence under paragraph (1) shall no longer 
        apply on or after the date on which the report required under 
        subsection (a) is submitted.

SEC. 415. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON RETIREMENT 
              BENEFITS FOR FORMER EMPLOYEES OF AIR AMERICA.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to Congress a report on the advisability of providing Federal 
retirement benefits to United States citizens for the service of such 
citizens before 1977 as employees of Air America or an associated 
company while such company was owned or controlled by the United States 
Government and operated or managed by the Central Intelligence Agency.
    (b) Report Elements.--
            (1) In general.--The report required by subsection (a) 
        shall include the following:
                    (A) The history of Air America and associated 
                companies before 1977, including a description of--
                            (i) the relationship between such companies 
                        and the Central Intelligence Agency and other 
                        elements of the United States Government;
                            (ii) the workforce of such companies;
                            (iii) the missions performed by such 
                        companies and their employees for the United 
                        States; and
                            (iv) the casualties suffered by employees 
                        of such companies in the course of their 
                        employment with such companies.
                    (B) A description of the retirement benefits 
                contracted for or promised to the employees of such 
                companies before 1977, the contributions made by such 
                employees for such benefits, the retirement benefits 
                actually paid such employees, the entitlement of such 
                employees to the payment of future retirement benefits, 
                and the likelihood that former employees of such 
                companies will receive any future retirement benefits.
                    (C) An assessment of the difference between--
                            (i) the retirement benefits that former 
                        employees of such companies have received or 
                        will receive by virtue of their employment with 
                        such companies; and
                            (ii) the retirement benefits that such 
                        employees would have received and in the future 
                        receive if such employees had been, or would 
                        now be, treated as employees of the United 
                        States whose services while in the employ of 
                        such companies had been or would now be 
                        credited as Federal service for the purpose of 
                        Federal retirement benefits.
                    (D) The recommendations of the Director regarding 
                the advisability of legislative action to treat 
                employment at such companies as Federal service for the 
                purpose of Federal retirement benefits in light of the 
                relationship between such companies and the United 
                States Government and the services and sacrifices of 
                such employees to and for the United States, and if 
                legislative action is considered advisable, a proposal 
                for such action and an assessment of its costs.
            (2) Views of dcia.--The Director of National Intelligence 
        shall include in the report any views of the Director of the 
        Central Intelligence Agency on the matters covered by the 
        report that the Director of the Central Intelligence Agency 
        considers appropriate.
    (c) Assistance of Comptroller General.--The Comptroller General 
shall, upon the request of the Director of National Intelligence and in 
a manner consistent with the protection of classified information, 
assist the Director in the preparation of the report required by 
subsection (a).
    (d) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    (e) Definitions.--In this section:
            (1) Air america.--The term ``Air America'' means Air 
        America, Incorporated.
            (2) Associated company.--The term ``associated company'' 
        means any company associated with or subsidiary to Air America, 
        including Air Asia Company Limited and the Pacific Division of 
        Southern Air Transport, Incorporated.

                Subtitle B--Central Intelligence Agency

SEC. 421. DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.

    (a) Establishment and Duties of the Position of Deputy Director of 
Central Intelligence Agency.--(1) Title I of the National Security Act 
of 1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 
104A the following new section:

          ``deputy director of the central intelligence agency

    ``Sec. 104B.  (a) Deputy Director of the Central Intelligence 
Agency.--There is a Deputy Director of the Central Intelligence Agency 
who shall be appointed by the President, by and with the advice and 
consent of the Senate.
    ``(b) Duties.--The Deputy Director of the Central Intelligence 
Agency shall--
            ``(1) assist the Director of the Central Intelligence 
        Agency in carrying out the duties and responsibilities of the 
        Director; and
            ``(2) act for, and exercise the powers of, the Director of 
        the Central Intelligence Agency during the absence or 
        disability of the Director of the Central Intelligence Agency, 
        or during a vacancy in the position of Director of the Central 
        Intelligence Agency.''.
    (2) Conforming Amendment.--The table of contents in the first 
section of such Act is amended by inserting after the item relating to 
section 104A the following new item:

``Sec. 104B. Deputy Director of the Central Intelligence Agency.''.
    (b) Executive Schedule Level III.--Section 5314 of title 5, United 
States Code, is amended by striking the item relating to the Deputy 
Directors of Central Intelligence and inserting the following new item:
            ``Deputy Director of the Central Intelligence Agency.''.

SEC. 422. GENERAL AUTHORITIES OF THE CENTRAL INTELLIGENCE AGENCY.

    Section 5(a)(1) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403f(a)(1)) is amended by striking ``any of the functions or 
activities authorized under paragraphs (2) and (3) of section 102(a), 
subsections (c)(7) and (d) of section 103, subsections (a) and (g) of 
section 104, and section 303 of the National Security Act of 1947 (50 
U.S.C. 403(a)(2), (3), 403-3(c)(7), (d), 403-4(a), (g), and 405),'' and 
inserting ``any functions or activities authorized by law to be 
conducted by the Central Intelligence Agency''.

SEC. 423. REVIEW OF COVERT ACTION PROGRAMS BY INSPECTOR GENERAL OF THE 
              CIA.

    (a) In General.--Section 503 of the National Security Act of 1947 
(50 U.S.C. 413b) is amended by--
            (1) redesignating subsection (e) as subsection (g) and 
        transferring such subsection to the end; and
            (2) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Inspector General Audits of Covert Actions.--
            ``(1) In general.--Subject to paragraph (2), the Inspector 
        General of the Central Intelligence Agency shall conduct an 
        audit of each covert action at least every three years.
            ``(2) Terminated, suspended programs.--The Inspector 
        General of the Central Intelligence Agency is not required to 
        conduct an audit under paragraph (1) of a covert action that 
        has been terminated or suspended if such covert action was 
        terminated or suspend prior to the last audit of such covert 
        action conducted by the Inspector General and has not been 
        restarted after the date on which such audit was completed.
            ``(3) Report.--Not later than 60 days after the completion 
        of an audit conducted pursuant to paragraph (1), the Inspector 
        General of the Central Intelligence Agency shall submit to the 
        congressional intelligence committees a report containing the 
        results of such audit.''.
    (b) Conforming Amendments.--Title V of the National Security Act of 
1947 (50 U.S.C. 413 et seq.) is amended--
            (1) in section 501(f) (50 U.S.C. 413(f)), by striking 
        ``503(e)'' and inserting ``503(g)'';
            (2) in section 502(a)(1) (50 U.S.C. 413b(a)(1)), by 
        striking ``503(e)'' and inserting ``503(g)''; and
            (3) in section 504(c) (50 U.S.C. 414(c)), by striking 
        ``503(e)'' and inserting ``503(g)''.

SEC. 424. REPORT ON AUDITED FINANCIAL STATEMENTS PROGRESS.

    Section 114A of the National Security Act of 1947 (50 U.S.C. 404i-
1) is amended by striking ``the Director of the Central Intelligence 
Agency,''.

                       Subtitle C--Other Elements

SEC. 431. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF THE 
              INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2004.

    Section 105(b) of the Intelligence Authorization Act for Fiscal 
Year 2004 (Public Law 108-177; 117 Stat. 2603; 31 U.S.C. 311 note) is 
amended--
            (1) by striking ``Director of Central Intelligence'' and 
        inserting ``Director of National Intelligence''; and
            (2) by inserting ``or in section 313 of such title,'' after 
        ``subsection (a)),''.

SEC. 432. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE OFFICE OF THE 
              NATIONAL COUNTERINTELLIGENCE EXECUTIVE.

    (a) Repeal of Certain Authorities.--Section 904 of the 
Counterintelligence Enhancement Act of 2002 (title IX of Public Law 
107-306; 50 U.S.C. 402c) is amended--
            (1) by striking subsections (d), (h), (i), and (j);
            (2) in subsection (g), by striking paragraphs (3) and (4); 
        and
            (3) by redesignating subsections (e), (f), (g), (k), (l), 
        and (m) as subsections (d), (e), (f), (g), (h), and (i), 
        respectively.
    (b) Conforming Amendments.--That section is further amended--
            (1) in subsection (d), as redesignated by subsection (a)(2) 
        of this section, by striking ``subsection (f)'' each place it 
        appears in paragraphs (1) and (2) and inserting ``subsection 
        (e)''; and
            (2) in subsection (e)(2), as so redesignated, by striking 
        ``subsection (e)(2)'' and inserting ``subsection (d)(2)''.

SEC. 433. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG 
              ENFORCEMENT ADMINISTRATION ELEMENTS IN THE INTELLIGENCE 
              COMMUNITY.

    Section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4)) is amended--
            (1) in subparagraph (H)--
                    (A) by inserting ``the Coast Guard,'' after ``the 
                Marine Corps,''; and
                    (B) by inserting ``the Drug Enforcement 
                Administration,'' after ``the Federal Bureau of 
                Investigation,''; and
            (2) in subparagraph (K), by striking ``, including the 
        Office of Intelligence of the Coast Guard''.

                         TITLE V--OTHER MATTERS

                Subtitle A--General Intelligence Matters

SEC. 501. AERIAL RECONNAISSANCE PLATFORMS.

    (a) Limitation on Termination of U-2 Aircraft Program.--The 
Secretary of Defense may not begin the process to terminate the U-2 
aircraft program until the Secretary certifies in accordance with 
subsection (b) that there would be no loss of national or Department of 
Defense intelligence, surveillance, and reconnaissance (ISR) 
capabilities in transitioning from the U-2 aircraft program to the 
Global Hawk RQ-4 unmanned aerial vehicle platform.
    (b) Report and Certification.--
            (1) Study.--The Secretary of Defense shall conduct a study 
        of aerial reconnaissance platforms to determine whether the 
        Global Hawk RQ-4 unmanned aerial vehicle has reached mission 
        capability and has attained collection capabilities on a par 
        with the collection capabilities of the U-2 Block 20 aircraft 
        program as of April 1, 2006.
            (2) Report.--The Secretary shall submit to the 
        congressional committees specified in subsection (c) a report 
        containing the results of the study. The Secretary shall 
        include in the report the Secretary's determination as to 
        whether the Global Hawk RQ-4 unmanned aerial vehicle--
                    (A) has reached mission capability; and
                    (B) has attained collection capabilities on a par 
                with the collection capabilities of the U-2 Block 20 
                aircraft program as of April 1, 2006.
            (3) Certification.--The Secretary shall include with the 
        report the Secretary's certification, based on the results of 
        the study, as to whether or not there would be a loss of 
        national or Department of Defense intelligence, surveillance, 
        and reconnaissance capabilities with a transition from the U-2 
        aircraft program to the Global Hawk RQ-4 unmanned aerial 
        vehicle platform.
    (c) Specified Committees.--The congressional committees specified 
in this subsection are the following:
            (1) The Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate.
            (2) The Committee on Armed Services and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.

SEC. 502. EXTENSION OF NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND 
              DEVELOPMENT PROGRAMS OF THE UNITED STATES INTELLIGENCE 
              COMMUNITY.

    (a) Extension.--
            (1) In general.--Section 1007(a) of the Intelligence 
        Authorization Act for Fiscal Year 2003 (Public Law 107-306; 50 
        U.S.C. 401 note) is amended by striking ``September 1, 2004'' 
        and inserting ``September 1, 2008''.
            (2) Effective date.--The amendment made by subsection 
        (a)(1) shall take effect as if included in the enactment of 
        section 1007 of the Intelligence Authorization Act for Fiscal 
        Year 2003.
    (b) Funding.--
            (1) In general.--Of the amounts authorized to be 
        appropriated by this Act for the Intelligence Community 
        Management Account, the Director of National Intelligence shall 
        make $2,000,000 available to the National Commission for the 
        Review of the Research and Development Programs of the United 
        States Intelligence Community (in this subsection referred to 
        as the ``Commission'') established under section 1002(a) of the 
        Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
        107-306; 116 Stat. 2438; 50 U.S.C. 401 note) to carry out title 
        X of such Act.
            (2) Availability.--Amounts made available to the Commission 
        under paragraph (1) shall remain available until expended.

SEC. 503. REPORT ON AUTHORIZATION TO OVERTHROW DEMOCRATICALLY ELECTED 
              GOVERNMENTS.

    Not later than 120 days after the date of the enactment of this 
Act, the President shall submit to the congressional intelligence 
committees a report describing any authorization granted during the 10-
year period ending on the date of the enactment of this Act to engage 
in intelligence activities related to the overthrow of a democratically 
elected government.

SEC. 504. REITERATION OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
              1978 AS THE EXCLUSIVE MEANS BY WHICH ELECTRONIC 
              SURVEILLANCE MAY BE CONDUCTED FOR GATHERING FOREIGN 
              INTELLIGENCE INFORMATION.

    (a) Exclusive Means.--Notwithstanding any other provision of law, 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) shall be the exclusive means by which electronic surveillance may 
be conducted for the purpose of gathering foreign intelligence 
information.
    (b) Specific Authorization Required for Exception.--Subsection (a) 
shall apply until specific statutory authorization for electronic 
surveillance, other than as an amendment to the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), is enacted. Such 
specific statutory authorization shall be the only exception to 
subsection (a).
    (c) Definitions.--In this section:
            (1) Electronic surveillance.--The term ``electronic 
        surveillance'' has the meaning given the term in section 101(f) 
        of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801(f)).
            (2) Foreign intelligence information.--The term ``foreign 
        intelligence information'' has the meaning given the term in 
        section 101(e) of such Act (50 U.S.C. 1801(e)).

                    Subtitle B--Technical Amendments

SEC. 511. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR NATIONAL 
              INTELLIGENCE PROGRAM.

    (a) In General.--Subsection (a) of section 1403 of the National 
Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404b) is 
amended--
            (1) in the subsection heading, by striking ``Foreign''; and
            (2) by striking ``foreign'' each place it appears.
    (b) Responsibility of DNI.--That section is further amended--
            (1) in subsections (a) and (c), by striking ``Director of 
        Central Intelligence'' and inserting ``Director of National 
        Intelligence''; and
            (2) in subsection (b), by inserting ``of National 
        Intelligence'' after ``Director''.
    (c) Conforming Amendment.--The heading of that section is amended 
to read as follows:

``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.

SEC. 512. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES TO JOINT 
              MILITARY INTELLIGENCE PROGRAM AND TACTICAL INTELLIGENCE 
              AND RELATED ACTIVITIES.

    Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1) 
is amended--
            (1) in subsection (c)(3)(A), by striking ``annual budgets 
        for the Joint Military Intelligence Program and for Tactical 
        Intelligence and Related Activities'' and inserting ``annual 
        budget for the Military Intelligence Program or any successor 
        program or programs''; and
            (2) in subsection (d)(1)(B), by striking ``Joint Military 
        Intelligence Program'' and inserting ``Military Intelligence 
        Program or any successor program or programs''.

SEC. 513. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.

    The National Security Act of 1947 (50 U.S.C. 401 et seq.) is 
amended--
            (1) in section 102A (50 U.S.C. 403-1)--
                    (A) in subsection (c)(7)(A), by striking 
                ``section'' and inserting ``subsection'';
                    (B) in subsection (d)--
                            (i) in paragraph (3), by striking 
                        ``subparagraph (A)'' in the matter preceding 
                        subparagraph (A) and inserting ``paragraph 
                        (1)(A)''; and
                            (ii) in paragraph (5)(A), by striking ``or 
                        personnel'' in the matter preceding clause (i);
                    (C) in subsection (l)(2)(B), by striking 
                ``section'' and inserting ``paragraph''; and
                    (D) in the heading of subsection (n), by striking 
                ``Acquisition Authorities'' and inserting ``Acquisition 
                and Other Authorities''; and
            (2) in section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by 
        striking ``subsection (h)'' and inserting ``subsection (i)''.

SEC. 514. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND TERRORISM 
              PREVENTION ACT OF 2004.

    (a) Amendments to National Security Intelligence Reform Act of 
2004.--The National Security Intelligence Reform Act of 2004 (title I 
of Public Law 108-458) is amended as follows:
            (1) In section 1016(e)(10)(B) (6 U.S.C. 485(e)(10)(B)), by 
        striking ``Attorney General'' the second place it appears and 
        inserting ``Department of Justice''.
            (2) In section 1061 (5 U.S.C. 601 note)--
                    (A) in subsection (d)(4)(A), by striking ``National 
                Intelligence Director'' and inserting ``Director of 
                National Intelligence''; and
                    (B) in subsection (h), by striking ``National 
                Intelligence Director'' and inserting ``Director of 
                National Intelligence''.
            (3) In section 1071(e), by striking ``(1)''.
            (4) In section 1072(b), by inserting ``Agency'' after 
        ``Intelligence''.
    (b) Other Amendments to Intelligence Reform and Terrorism 
Prevention Act of 2004.--The Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458) is amended as follows:
            (1) In section 2001 (28 U.S.C. 532 note)--
                    (A) in subsection (c)(1), by inserting ``of'' 
                before ``an institutional culture'';
                    (B) in subsection (e)(2), by striking ``the 
                National Intelligence Director in a manner consistent 
                with section 112(e)'' and inserting ``the Director of 
                National Intelligence in a manner consistent with 
                applicable law''; and
                    (C) in subsection (f), by striking ``shall,'' in 
                the matter preceding paragraph (1) and inserting 
                ``shall''.
            (2) In section 2006 (28 U.S.C. 509 note)--
                    (A) in paragraph (2), by striking ``the Federal'' 
                and inserting ``Federal''; and
                    (B) in paragraph (3), by striking ``the specific'' 
                and inserting ``specific''.

SEC. 515. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.

    (a) Executive Schedule Level II.--Section 5313 of title 5, United 
States Code, is amended by striking the item relating to the Director 
of Central Intelligence and inserting the following new item:
            ``Director of the Central Intelligence Agency.''.
    (b) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended by striking the item relating to the General 
Counsel of the Office of the National Intelligence Director and 
inserting the following new item:
            ``General Counsel of the Office of the Director of National 
        Intelligence.''.

SEC. 516. TECHNICAL AMENDMENTS RELATING TO TITLES OF CENTRAL 
              INTELLIGENCE AGENCY POSITIONS.

    Section 17(d)(3)(B)(ii) of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 403q(d)(3)(B)(ii)) is amended--
            (1) in subclause (I), by striking ``Executive Director'' 
        and inserting ``Associate Deputy Director'';
            (2) in subclause (II), by striking ``Deputy Director for 
        Operations'' and inserting ``Director of the National 
        Clandestine Service''; and
            (3) in subclause (IV), by striking ``Deputy Director for 
        Administration'' and inserting ``Director for Support''.

SEC. 517. TECHNICAL AMENDMENTS RELATING TO REDESIGNATION OF THE 
              NATIONAL IMAGERY AND MAPPING AGENCY AS THE NATIONAL 
              GEOSPATIAL-INTELLIGENCE AGENCY.

    (a) Title 5, United States Code.--(1) Title 5, United States Code, 
is amended by striking ``National Imagery and Mapping Agency'' each 
place it appears in a provision as follows and inserting ``National 
Geospatial-Intelligence Agency'':
            (A) Section 2302(a)(2)(C)(ii).
            (B) Section 3132(a)(1)(B).
            (C) Section 4301(1) (in clause (ii)).
            (D) Section 4701(a)(1)(B).
            (E) Section 5102(a)(1) (in clause (x)).
            (F) Section 5342(a)(1)(K).
            (G) Section 6339(a)(1)(E).
            (H) Section 7323(b)(2)(B)(i)(XIII).
    (2) Section 6339(a)(2)(E) of such title is amended by striking 
``National Imagery and Mapping Agency, the Director of the National 
Imagery and Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency, the Director of the National Geospatial-
Intelligence Agency''.
    (b) Title 44, United States Code.--(1)(A) Section 1336 of title 44, 
United States Code, is amended by striking ``National Imagery and 
Mapping Agency'' both places it appears and inserting ``National 
Geospatial-Intelligence Agency''.
    (B) The heading of such section is amended to read as follows:
``Sec. 1336. National Geospatial-Intelligence Agency: special 
              publications''.
    (2) The table of sections at the beginning of chapter 13 of such 
title is amended by striking the item relating to section 1336 and 
inserting the following new item:

``1336. National Geospatial-Intelligence Agency: special 
                            publications.''.
    (c) Homeland Security Act of 2002.--Section 201(f)(2)(E) of the 
Homeland Security Act of 2002 (6 U.S.C. 121(f)(2)(E)) is amended by 
striking ``National Imagery and Mapping Agency'' and inserting 
``National Geospatial-Intelligence Agency''.
    (d) Inspector General Act of 1978.--Section 8H of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended by striking ``National 
Imagery and Mapping Agency'' each place it appears and inserting 
``National Geospatial-Intelligence Agency''.
    (e) Ethics in Government Act of 1978.--Section 105(a)(1) of the 
Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking 
``National Imagery and Mapping Agency'' and inserting ``National 
Geospatial-Intelligence Agency''.
    (f) Other Acts.--(1) Section 7(b)(2)(A)(i) of the Employee 
Polygraph Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is 
amended by striking ``National Imagery and Mapping Agency'' and 
inserting ``National Geospatial-Intelligence Agency''.
    (2) Section 207(a)(2)(B) of the Legislative Branch Appropriations 
Act, 1993 (44 U.S.C. 501 note) is amended by striking ``National 
Imagery and Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency''.

  TITLE VI--COMMUNICATION OF INFORMATION CONCERNING TERRORIST THREATS

SEC. 601. IDENTIFICATION OF BEST PRACTICES.

    (a) Study.--The Secretary of Homeland Security and the Director of 
National Intelligence shall conduct jointly, or contract with an entity 
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.
    (b) Contents.--
            (1) Identification of best practices.--The study conducted 
        under this section shall be focused on an analysis and 
        identification of the best practices of the information sharing 
        processes of the following government entities:
                    (A) Joint Terrorism Task Forces, which are operated 
                by the Federal Bureau of Investigations with the 
                participation of local law enforcement agencies.
                    (B) State Homeland Security Fusion Centers, which 
                are established by a State and share information with 
                Federal departments.
                    (C) The Homeland Security Operations Center, which 
                is operated by the Department of Homeland Security for 
                the purposes of coordinating information.
                    (D) State and local law enforcement agencies that 
                collect, utilize, and disseminate information on 
                potential terrorist attacks.
                    (E) The appropriate elements of the intelligence 
                community (as defined in section 3(4) of the National 
                Security Act of 1947 (50 U.S.C. 401a(4))) involved in 
                the sharing of counter-terrorism information.
                    (F) The Interagency Threat Assessment Coordination 
                Group at the National Counterterrorism Center.
            (2) Coordination of government entities.--The study 
        conducted under this section shall include an examination of 
        methods for coordinating the activities of Federal, State, and 
        local entities in responding to a terrorist threat, and 
        specifically the communication to the general public of 
        information concerning the threat. The study shall not include 
        an examination of the sources and methods used in the 
        collection of the information.
    (c) Obtaining Official Data.--In conducting the study, the 
Secretary, in conjunction with the Director, with due regard for the 
protection of classified information, may secure directly from any 
department or agency of the United States information necessary to 
enable the Secretary to carry out this section. Classified information 
shall be handled through established methods for controlling such 
information.
    (d) Temporary Duty of Federal Personnel.--The Secretary, in 
conjunction with the Director, may request the head of any department 
or agency of the United States to detail to temporary duty personnel 
within the administrative jurisdiction of the head of the department or 
agency that the Secretary may need to carry out this section, each 
detail to be without loss of seniority, pay, or other employee status.
    (e) Report.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary, in conjunction with the 
        Director, shall submit to Congress a report that contains--
                    (A) a detailed statement of the findings and 
                conclusions of the study, including identification of 
                the best practices for the processing, analysis, and 
                dissemination of information between the government 
                entities referred to in subsection (b)(1); and
                    (B) recommendations for a formalized process of 
                consultation, communication, and confidentiality 
                between Federal, State, and local governments, 
                incorporating the best practices of the various 
                entities studied, to facilitate communication and help 
                prevent the unauthorized dissemination of information 
                and criticism of decisions concerning terrorist 
                threats.
            (2) Classified information.--To the extent determined 
        appropriate by the Secretary, in conjunction with the Director, 
        the Secretary may submit a portion of the report in classified 
        form.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for fiscal year 2008.

SEC. 602. CENTERS OF BEST PRACTICES.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Director of National Intelligence, shall make 
grants for the establishment and operation of 3 centers to implement 
the best practices, identified by the study conducted under section 
601, for the processing, analysis, and dissemination of information 
concerning a terrorist threat (in this section, each referred to as a 
``Center'').
    (b) Location of Centers.--In carrying out subsection (a), the 
Secretary, in consultation with the Director, shall make grants to--
            (1) the State of New York for the establishment of a Center 
        to be located in New York City;
            (2) the State of Michigan for the establishment of a Center 
        to be located in Detroit; and
            (3) the State of California for the establishment of a 
        Center to be located in Los Angeles.
    (c) Purpose of Centers.--Each Center shall--
            (1) implement the best practices, identified by the study 
        conducted under section 601, for information sharing concerning 
        a terrorist threat;
            (2) coordinate the communication of these best practices 
        with other metropolitan areas;
            (3) coordinate with the Secretary and the Director to 
        develop a training curriculum to implement these best 
        practices;
            (4) provide funding and technical assistance to other 
        metropolitan areas to assist the metropolitan areas in the 
        implementation of the curriculum developed under paragraph (3); 
        and
            (5) coordinate with the Secretary and the Director to 
        establish a method to advertise and disseminate these best 
        practices.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated for making grants under this section--
            (1) $10,000,000 for fiscal year 2008 for the establishment 
        of the Centers; and
            (2) $3,000,000 for each of fiscal years 2009 through 2013 
        for the operation of the Centers.
    (e) Report to Congress.--Not later than March 31, 2010, the 
Secretary, in consultation with the Director, shall submit to Congress 
a report evaluating the operations of the Centers and making 
recommendations for future funding.

            Passed the House of Representatives May 11 (legislative day 
      May 10), 2007.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.