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Managing America: Authorizations

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Week Ending May 11, 2006

H.R.2082 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.

HR 2082 authorizes but does not yet appropriate funds for US intelligence and intelligence related activities of 16 intelligence agencies including the Department of Homeland Security for fiscal year 2008 beginning on October 1, 2007. The bill authorizes funding in the billions for such activities but does not give the actual dollar amount due to the classified nature of the spending projects. Personnel levels, also somewhat classified, are authorized to increase as is “necessary to the performance of important intelligence functions” but the increase may not exceed 2% of the number of civilian personnel previously authorized. Any salary, pay retirement and other benefits for employees may be increased by such additional amounts or supplemental amounts necessary if authorized by law.

The bill provides that any officer or employee of the US or member of the Armed Forces who is detailed to the staff of the Intelligence Community Management Account shall be reimbursed for their efforts except when the detail is on a non-reimbursable bases for a period less than one year or for temporary functions required by the Director of National Intelligence. (DNI).

Intelligence agency employees are returned the right to challenge a personnel decision.

$262,500,000 is authorized for the Central Intelligence Agency Retirement and Disability Fund.

The bill is not to be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the US.

AMENDMENTS

Amendment activity included studying the feasibility of extending retirement benefits to employees of Air America, the Vietnam era pilots and others who operated the CIA owned air operation. Other amendments would look at legal protections for covert agents, an assessment of the number of intelligence collectors and analyst working at the agency, a study of the best practices for sharing intelligence information, a report on any attempt to overthrow a democratically elected  government in the last ten years, limit the number of personnel at DNI headquarters and a report on the use of contractors. The Foreign Intelligence Surveillance Act (FISA) is recognized as the sole domestic electronic surveillance for the purpose of gathering foreign intelligence information.

Sponsor:  Rep. Silvestre Reyes (D-TX-16^th)

Vote: Passed House 225 to 197 May 11, 2207 (RC 341) Motion to recommit the bill with instructions failed 181 to 241 May 10, 2007 (RC 340)

Cost to the taxpayers: Amount is classified.

Earmark Certification:   Not applicable to this bill.

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MORE INFORMATION

AGENCIES COVERED

AMENDMENTS

AMENDMENTS

Peter Hoekstra (R-MI-2nd) amendment (No. 2 printed in H. Rept. 110-144) that sought to strike section 407, which requires that a National Intelligence Estimate on global climate change be submitted to Congress.

Failed May 11, 2007 by a recorded vote of 185 to 230  (Roll No. 337).

Rush D. Holt (D-NJ-12th) amendment (No. 3 printed in H. Rept. 110-144) that amends the reporting requirement in the Intelligence Identities Protection Act (codified in Sec. 603 of the National Security Act) to include a requirement that the President, based on information from the Director of National Intelligence, provide Congress with an assessment of the need for any modification to existing law to improve legal protection for covert agents.

Agreed to by voice vote May 10th, 2007

Mike Thompson (D-CA-1st) amendment (No. 4 printed in H. Rept. 110-144) that requires that the Office of the Director of National Intelligence submit a report to the Congressional Intelligence committees, no later than 120 days after enactment, that provides: (1) the number of collectors and analysts, by agency, and (2) a plan to maximize the number of collectors and decrease the number of personnel authorized to the Office of the Director of National Intelligence.

Agreed to by voice vote May 10th, 2007

Mike Rogers (R-MI-8th) amendment (No. 5 printed in H. Rept. 110-144) that places a limit on the number of personnel in the Office of the Director of National Intelligence (ODNI)

Passed House by a recorded vote of 297  to 122  (Roll No. 338)

Vito Fossella amendment (R-NY-13th)(No. 6 printed in H. Rept. 110-144) that authorizes $5 million for a study conducted by DHS and the Director of National Intelligence to identify the best practices for sharing terrorist-threat information between the Federal, State, and local levels of government and authorizes $10 million to establish centers of best practices based on the study with $3 million authorized for the following five years to cover operational expenses of the centers.

Agreed to by voice vote May 11, 2007

Barbara Lee (D-CA-9th) amendment (No. 7 printed in H. Rept. 110-144) that requires a report to House and Senate Intelligence committees describing any authorization granted during the past 10 years to engage in intelligence activities related to the overthrow of a democratically elected government.

Agreed to by voice vote May 11, 2007

David E Price (D.NC-4th) amendment (No. 8 printed in H. Rept. 110-144) that requires the Director of National Intelligence to submit a report on the uses of contractors for personal services activities.

Agreed to by voice vote May 10, 2007

Shelley Berkley (D-NV-1st) amendment (No. 9 printed in H. Rept. 110-144) that requires the Director of National Intelligence to submit to Congress a report on the advisability of providing Federal retirement benefits to employees of Air America.

Agreed to by voice vote May 10, 2007.

Adam Schiff (D-CA-29th) amendment (No. 10 printed in H. Rept. 110-144) that states that the Foreign Intelligence Surveillance Act of 1978 (FISA) shall be the exclusive means by which domestic electronic surveillance for the purpose of gathering foreign intelligence information may be conducted, and makes clear that this applies until specific statutory authorization for electronic surveillance, other than as an amendment to FISA, is enacted

Passed by a recorded vote of 245 to 178 May 11, 2007 (Roll No. 339).

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AGENCIES COVERED

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.

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