In the Senate of the United States,
October 3, 2007.
Resolved, That the bill from the House of Representa-
tives (H.R. 2082) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 2008 for the intelligence and intelligence-
related activities of the United States Government, the Com-
munity Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘In-
telligence Authorization Act for Fiscal Year 2008’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel level adjustments.
Sec. 104. Intelligence Community Management Account.
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Sec. 105. Incorporation of reporting requirements.
Sec. 106. Development and acquisition program.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. Technical modification to mandatory retirement provision of Central
Intelligence Agency Retirement Act.
TITLE III—INTELLIGENCE AND GENERAL INTELLIGENCE
COMMUNITY MATTERS
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. Delegation of authority for travel on common carriers for intelligence
collection personnel.
Sec. 305. Modification of availability of funds for different intelligence activities.
Sec. 306. Increase in penalties for disclosure of undercover intelligence officers
and agents.
Sec. 307. Extension to intelligence community of authority to delete information
about receipt and disposition of foreign gifts and decorations.
Sec. 308. Enhanced flexibility in non-reimbursable details to elements of the intel-
ligence community.
Sec. 309. Director of National Intelligence report on compliance with the De-
tainee Treatment Act of 2005 and related provisions of the Mili-
tary Commissions Act of 2006.
Sec. 310. Vulnerability assessments of major systems.
Sec. 311. Annual personnel level assessments for the intelligence community.
Sec. 312. Business enterprise architecture and business system modernization for
the intelligence community.
Sec. 313. Reports on the acquisition of major systems.
Sec. 314. Excessive cost growth of major systems.
Sec. 315. Submittal to Congress of certain court orders under the Foreign Intel-
ligence Surveillance Act of 1978.
Sec. 316. Repeal of certain reporting requirements.
TITLE IV—MATTERS RELATING TO ELEMENTS OF THE
INTELLIGENCE COMMUNITY
Subtitle A—Office of the Director of National Intelligence
Sec. 401. Requirements for accountability reviews by the Director of National In-
telligence.
Sec. 402. Additional authorities of the Director of National Intelligence on intel-
ligence information sharing.
Sec. 403. Modification of limitation on delegation by the Director of National In-
telligence of the protection of intelligence sources and methods.
Sec. 404. Additional administrative authority of the Director of National Intel-
ligence.
Sec. 405. Enhancement of authority of the Director of National Intelligence for
flexible personnel management among the elements of the intel-
ligence community.
Sec. 406. Clarification of limitation on co-location of the Office of the Director
of National Intelligence.
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Sec. 407. Additional duties of the Director of Science and Technology of the Office
of the Director of National Intelligence.
Sec. 408. Title of Chief Information Officer of the Intelligence Community.
Sec. 409. Reserve for Contingencies of the Office of the Director of National Intel-
ligence.
Sec. 410. Inspector General of the Intelligence Community.
Sec. 411. Leadership and location of certain offices and officials.
Sec. 412. National Space Intelligence Office.
Sec. 413. Operational files in the Office of the Director of National Intelligence.
Sec. 414. Repeal of certain authorities relating to the Office of the National
Counter-intelligence Executive.
Sec. 415. Inapplicability of Federal Advisory Committee Act to advisory commit-
tees of the Office of the Director of National Intelligence.
Sec. 416. Membership of the Director of National Intelligence on the Transpor-
tation Security Oversight Board.
Sec. 417. Applicability of the Privacy Act to the Director of National Intelligence
and the Office of the Director of National Intelligence.
Subtitle B—Central Intelligence Agency
Sec. 421. Director and Deputy Director of the Central Intelligence Agency.
Sec. 422. Inapplicability to Director of the Central Intelligence Agency of require-
ment for annual report on progress in auditable financial state-
ments.
Sec. 423. Additional functions and authorities for protective personnel of the Cen-
tral Intelligence Agency.
Sec. 424. Technical amendments relating to titles of certain Central Intelligence
Agency positions.
Sec. 425. Director of National Intelligence report on retirement benefits for former
employees of Air America.
Subtitle C—Defense Intelligence Components
Sec. 431. Enhancements of National Security Agency training program.
Sec. 432. Codification of authorities of National Security Agency protective per-
sonnel.
Sec. 433. Inspector general matters.
Sec. 434. Confirmation of appointment of heads of certain components of the in-
telligence community.
Sec. 435. Clarification of national security missions of National Geospatial-Intel-
ligence Agency for analysis and dissemination of certain intel-
ligence information.
Sec. 436. Security clearances in the National Geospatial-Intelligence Agency.
Subtitle D—Other Elements
Sec. 441. Clarification of inclusion of Coast Guard and Drug Enforcement Ad-
ministration as elements of the intelligence community.
Sec. 442. Clarifying amendments relating to Section 105 of the Intelligence Au-
thorization Act for Fiscal Year 2004.
TITLE V—OTHER MATTERS
Sec. 501. Technical amendments to the National Security Act of 1947.
Sec. 502. Technical clarification of certain references to Joint Military Intel-
ligence Program and Tactical Intelligence and Related Activi-
ties.
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Sec. 503. Technical amendments to the Intelligence Reform and Terrorism Pre-
vention Act of 2004.
Sec. 504. Technical amendments to title 10, United States Code, arising from en-
actment of the Intelligence Reform and Terrorism Prevention
Act of 2004.
Sec. 505. Technical amendment to the Central Intelligence Agency Act of 1949.
Sec. 506. Technical amendments relating to the multiyear National Intelligence
Program.
Sec. 507. Technical amendments to the Executive Schedule.
Sec. 508. Technical amendments relating to redesignation of the National Im-
agery and Mapping Agency as the National Geospatial-Intel-
ligence Agency.
Sec. 509. Other technical amendments relating to responsibility of the Director of
National Intelligence as head of the intelligence community.
TITLE I—INTELLIGENCE
ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 2008 for the conduct of the intelligence and intel-
ligence-related activities of the following elements of the
United States Government:
(1) The Office of the Director of National Intel-
ligence.
(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 Depart-
ment of the Navy, and the Department of the Air
Force.
(7) The Department of State.
(8) The Department of the Treasury.
(9) The Department of Energy.
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(10) The Department of Justice.
(11) The Federal Bureau of Investigation.
(12) The National Reconnaissance Office.
(13) The National Geospatial-Intelligence Agen-
cy.
(14) The Coast Guard.
(15) The Department of Homeland Security.
(16) The Drug Enforcement Administration.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL
LEVELS.—The amounts authorized to be appropriated
under section 101, and the authorized personnel levels (ex-
pressed as full-time equivalent positions) 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 conference report on the bill
lll of the One Hundred Tenth Congress.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.—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.
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SEC. 103. PERSONNEL LEVEL ADJUSTMENTS.
(a) AUTHORITY FOR ADJUSTMENTS.—With the ap-
proval 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
of authorized full-time equivalent positions for fiscal year
2008 under section 102 when the Director of National Intel-
ligence determines that such action is necessary to the per-
formance of important intelligence functions, except that the
number of personnel employed in excess of the number au-
thorized under such section may not, for any element of
the intelligence community, exceed 5 percent of the number
of civilian personnel authorized under such section for such
element.
(b) AUTHORITY FOR CONVERSION OF ACTIVITIES PER-
FORMED BY CONTRACTORS.—In addition to the authority
in subsection (a), upon a determination by the head of an
element in the intelligence community that activities cur-
rently being performed by contractor employees should be
performed by government employees, the concurrence of the
Director of National Intelligence in such determination,
and the approval of the Director of the Office of Manage-
ment and Budget, the Director of National Intelligence may
authorize employment of additional full-time equivalent
personnel in such element of the intelligence community
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equal to the number of full-time equivalent contractor em-
ployees performing such activities.
(c) NOTICE TO INTELLIGENCE COMMITTEES.—The Di-
rector of National Intelligence shall notify the Select Com-
mittee on Intelligence of the Senate and the Permanent Se-
lect Committee on Intelligence of the House of Representa-
tives in writing at least 15 days before each exercise of the
authority in subsection (a) or (b).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC-
COUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for the Intelligence Commu-
nity Management Account of the Director of National Intel-
ligence for fiscal year 2008 the sum of $715,076,000. 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 Sep-
tember 30, 2009.
(b) AUTHORIZED PERSONNEL LEVELS.—The elements
within the Intelligence Community Management Account of
the Director of National Intelligence are authorized 1768
full-time equivalent personnel as of September 30, 2008.
Personnel serving in such elements may be permanent em-
ployees of the Intelligence Community Management Account
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or personnel detailed from other elements of the United
States Government.
(c) CONSTRUCTION OF AUTHORITIES.—The authorities
available to the Director of National Intelligence under sec-
tion 103 are also available to the Director for the adjust-
ment of personnel levels in elements within the Intelligence
Community Management Account.
(d) 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 ap-
propriated for the Intelligence Community Manage-
ment Account for fiscal year 2008 such additional
amounts as are specified in the classified Schedule of
Authorizations referred to in section 102(a). Such ad-
ditional amounts for research and development shall
remain available until September 30, 2009.
(2) AUTHORIZATION OF PERSONNEL.—In addi-
tion to the personnel authorized by subsection (b) for
elements of the Intelligence Community Management
Account as of September 30, 2008, there are also au-
thorized such additional personnel for such elements
as of that date as are specified in the classified Sched-
ule of Authorizations.
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SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.
(a) IN GENERAL.—Each requirement to submit a re-
port to the congressional intelligence committees that is in-
cluded in the joint explanatory statement to accompany the
conference report on the bill lll 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.
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DE-
FINED.—In this section, the term ‘‘congressional intelligence
committees’’ means—
(1) the Select Committee on Intelligence of the
Senate; and
(2) the Permanent Select Committee on Intel-
ligence of the House of Representatives.
SEC. 106. DEVELOPMENT AND ACQUISITION PROGRAM.
(a) TRANSFER OF FUNDS.—Of the funds appropriated
for the National Intelligence Program for fiscal year 2008,
and of funds currently available for obligation for any prior
fiscal year, the Director of National Intelligence shall trans-
fer not less than the amount specified in the classified annex
to the Office of the Director of National Intelligence to fund
the development and acquisition of the program specified
in the classified annex.
(b) AVAILABILITY OF FUNDS.—The funds transferred
under subsection (a) shall be available as follows:
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(1) In the case of funds appropriated prior to the
date of the enactment of this section, for the time of
availability as originally appropriated.
(2) In the case of funds appropriated on or after
the date of the enactment of this section, without fis-
cal year limitation.
TITLE 
II—CENTRAL 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fis-
cal year 2008 the sum of $262,500,000.
SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RE-
TIREMENT PROVISION OF CENTRAL INTEL-
LIGENCE AGENCY RETIREMENT ACT.
Section 235(b)(1)(A) of the Central Intelligence Agency
Retirement Act (50 U.S.C. 2055(b)(1)(A)) is amended by
striking ‘‘receiving compensation under the Senior Intel-
ligence Service pay schedule at the rate’’ and inserting
‘‘who is at the Senior Intelligence Service rank’’.
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TITLE III—INTELLIGENCE AND
GENERAL 
INTELLIGENCE
COMMUNITY MATTERS
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 INTEL-
LIGENCE COMMUNITY UNDER THE NATIONAL
SECURITY ACT OF 1947.
Subparagraph (L) of section 3(4) of the National Secu-
rity Act of 1947 (50 U.S.C. 401a(4)) is amended by striking
‘‘other’’ the second place it appears.
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SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON
COMMON CARRIERS FOR INTELLIGENCE COL-
LECTION 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 del-
egate’’ and all that follows and inserting ‘‘may dele-
gate 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 para-
graph:
‘‘(2) The head of an element of the intelligence commu-
nity to whom the authority in subsection (a) is delegated
pursuant to paragraph (1) may further delegate such au-
thority to such senior officials of such element as are speci-
fied in guidelines prescribed by the Director of National In-
telligence for purposes of this paragraph.’’.
(b) SUBMITTAL 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).
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(c) CONGRESSIONAL INTELLIGENCE COMMITTEES DE-
FINED.—In this section, the term ‘‘congressional intelligence
committees’’ means—
(1) the Select Committee on Intelligence of the
Senate; and
(2) the Permanent Select Committee on Intel-
ligence of the House of Representatives.
SEC. 305. MODIFICATION OF AVAILABILITY OF FUNDS FOR
DIFFERENT INTELLIGENCE ACTIVITIES.
Subparagraph (B) of section 504(a)(3) of the National
Security Act of 1947 (50 U.S.C. 414(a)(3)) is amended to
read as follows:
‘‘(B) the use of such funds for such activity sup-
ports an emergent need, improves program effective-
ness, or increases efficiency; and’’.
SEC. 306. INCREASE IN PENALTIES FOR DISCLOSURE OF
UNDERCOVER INTELLIGENCE OFFICERS AND
AGENTS.
(a) DISCLOSURE OF AGENT AFTER ACCESS TO INFOR-
MATION IDENTIFYING AGENT.—Subsection (a) of section
601 of the National Security Act of 1947 (50 U.S.C. 421)
is amended by striking ‘‘ten years’’ and inserting ‘‘15
years’’.
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(b) DISCLOSURE OF AGENT AFTER ACCESS TO CLASSI-
FIED INFORMATION.—Subsection (b) of such section is
amended by striking ‘‘five years’’ and inserting ‘‘ten years’’.
SEC. 307. EXTENSION TO INTELLIGENCE COMMUNITY OF
AUTHORITY 
TO 
DELETE 
INFORMATION
ABOUT RECEIPT AND DISPOSITION OF FOR-
EIGN GIFTS AND DECORATIONS.
Paragraph (4) of section 7342(f) of title 5, United
States Code, is amended to read as follows:
‘‘(4)(A) In transmitting such listings for an element
of the intelligence community, the head of such element may
delete the information described in subparagraphs (A) and
(C) of paragraphs (2) and (3) if the head of such element
certifies in writing to the Secretary of State that the publi-
cation of such information could adversely affect United
States intelligence sources or methods.
‘‘(B) Any information not provided to the Secretary
of State pursuant to the authority in subparagraph (A)
shall be transmitted to the Director of National Intelligence.
‘‘(C) In this paragraph, the term ‘element of the intel-
ligence community’ means an element of the intelligence
community listed in or designated under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).’’.
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SEC. 308. ENHANCED FLEXIBILITY IN NON-REIMBURSABLE
DETAILS 
TO 
ELEMENTS 
OF 
THE 
INTEL-
LIGENCE COMMUNITY.
(a) IN GENERAL.—Except as provided in section 113
of the National Security Act of 1947 (50 U.S.C. 404h) and
section 904(g)(2) of the Counterintelligence Enhancement
Act of 2002 (title IX of Public Law 107–306; 50 U.S.C.
402c(g)(2)) and notwithstanding any other provision of
law, in any fiscal year after fiscal year 2007 an officer or
employee of the United States or member of the Armed
Forces may be detailed to the staff of an element of the intel-
ligence community funded through the Community Man-
agement Account from another element of the United States
Government on a reimbursable or non-reimbursable basis,
as jointly agreed to by the Director of National Intelligence
and the head of the detailing element (or the designees of
such officials), for a period not to exceed three years.
(b) ELEMENT OF THE INTELLIGENCE COMMUNITY DE-
FINED.—In this section, the term ‘‘element of the intel-
ligence community’’ means an element of the intelligence
community listed in or designated under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).
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SEC. 309. DIRECTOR OF NATIONAL INTELLIGENCE REPORT
ON 
COMPLIANCE 
WITH 
THE 
DETAINEE
TREATMENT ACT OF 2005 AND RELATED PRO-
VISIONS OF THE MILITARY COMMISSIONS
ACT OF 2006.
(a) REPORT REQUIRED.—Not later than December 1,
2007, the Director of National Intelligence shall submit to
the congressional intelligence committees a comprehensive
report on all measures taken by the Office of the Director
of National Intelligence and by each element, if any, of the
intelligence community with relevant responsibilities to
comply with the provisions of the Detainee Treatment Act
of 2005 (title X of division A of Public Law 109–148) and
related provisions of the Military Commissions Act of 2006
(Public Law 109–366).
(b) ELEMENTS.—The report required by subsection (a)
shall include the following:
(1) A description of the detention or interroga-
tion methods, if any, that have been determined to
comply with section 1003 of the Detainee Treatment
Act of 2005 (119 Stat. 2739; 42 U.S.C. 2000dd) and
section 6 of the Military Commissions Act of 2006
(120 Stat. 2632; 18 U.S.C. 2441 note) (including the
amendments made by such section 6), and, with re-
spect to each such method—
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(A) an identification of the official making
such determination; and
(B) a statement of the basis for such deter-
mination.
(2) A description of the detention or interroga-
tion methods, if any, whose use has been discontinued
pursuant to the Detainee Treatment Act of 2005 or
the Military Commission Act of 2006, and, with re-
spect to each such method—
(A) an identification of the official making
the determination to discontinue such method;
and
(B) a statement of the basis for such deter-
mination.
(3) A description of any actions that have been
taken to implement section 1004 of the Detainee
Treatment Act of 2005 (119 Stat. 2740; 42 U.S.C.
2000dd–1), and, with respect to each such action—
(A) an identification of the official taking
such action; and
(B) a statement of the basis for such action.
(4) Any other matters that the Director considers
necessary to fully and currently inform the congres-
sional intelligence committees about the implementa-
tion of the Detainee Treatment Act of 2005 and re-
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lated provisions of the Military Commissions Act of
2006.
(5) An appendix containing—
(A) all guidelines for the application of the
Detainee Treatment Act of 2005 and related pro-
visions of the Military Commissions Act of 2006
to the detention or interrogation activities, if
any, of any element of the intelligence commu-
nity; and
(B) all legal justifications of any office or
official of the Department of Justice about the
meaning or application of Detainee Treatment
Act of 2005 or related provisions of the Military
Commissions Act of 2006 with respect to the de-
tention or interrogation activities, if any, of any
element of the intelligence community.
(c) FORM.—The report required by subsection (a) shall
be submitted in classified form.
(d) SUBMISSION
TO
THE CONGRESSIONAL ARMED
SERVICES COMMITTEES.—To the extent that the report re-
quired by subsection (a) addresses an element of the intel-
ligence community within the Department of Defense, that
portion of the report, and any associated material that is
necessary to make that portion understandable, shall also