Office of the Director of National Intelligence

Washington, DC 20511

Intelligence Community

Legal Reference Book

Office of the Director

of National Intelligence

Office of General Counsel

F a l l 2 0 0 7

Legal Reference BookIntelligence Community

Office of General Counselof National IntelligenceOffice of the Director

UNCLASSIFIED

UNCLASSIFIED

UNCLASSIFIED

UNCLASSIFIED

UNCLASSIFIED

UNCLASSIFIED
LEGAL REFERENCE BOO

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIG

OFFICE OF GENERAL COUNSEL

FALL 2007
ii
iii

to better integrate the Intelligence Community, we hope this proves to 

resource to intelligence professionals across the Community. 

This document is the result of many hours of hard work. I w

extend my thanks to those across the Community who assisted th

General Counsel in recommending and preparing the authoritie

herein. I hope you find this book a valuable addition to your library 

tool as you carry out your vital mission. 

 BENJAMIN A. POWELL

 GENERAL COUNSEL

 FALL 2007 
iv
v

All documents in this book are UNCLASSIFIED. 

This compilation was a significant effort and required many 

concerning what text to include and how to organize the book. W

your thoughts for improving future versions. To request additional c

electronic version of this book, please contact the ODNI Office 

Counsel.

The following materials were reprinted with the permission of We

 Department of Defense Title 10 Authorities 

 Classified Information Procedures Act 

 Privacy Act 

 Federal Information Security Management Act 
vi
vii

COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002 ....................................

CLASSIFIED INFORMATION PROCEDURES ACT..................................................

FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.....................................

PROTECT AMERICA ACT OF 2007 .....................................................................

USA PATRIOT ACT OF 2001* ........................................................................

USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005*.........

DETAINEE TREATMENT ACT OF 2005 ...............................................................

MILITARY COMMISSIONS ACT OF 2006 ............................................................

FREEDOM OF INFORMATION ACT......................................................................

PRIVACY ACT ...................................................................................................

FEDERAL INFORMATION SECURITY MANAGEMENT ACT ..................................

EXECUTIVE ORDER 12333 ................................................................................

EXECUTIVE ORDER 12863 ................................................................................

EXECUTIVE ORDER 12958 ................................................................................

EXECUTIVE ORDER 12968 ................................................................................

EXECUTIVE ORDER 13354 ................................................................................

EXECUTIVE ORDER 13355 ................................................................................

EXECUTIVE ORDER 13381 ................................................................................

EXECUTIVE ORDER 13388 ................................................................................

INTELLIGENCE SHARING PROCEDURES FOR FOREIGN INTELLIGENCE AND FORE

COUNTERINTELLIGENCE INVESTIGATIONS CONDUCTED BY THE FBI................

GUIDELINES FOR DISCLOSURE OF GRAND JURY AND ELECTRONIC, WIRE, AND 

INTERCEPTION INFORMATION IDENTIFYING UNITED STATES PERSONS ............

GUIDELINES REGARDING DISCLOSURE TO THE DIRECTOR OF CENTRAL INTELL

HOMELAND SECURITY OFFICIALS OF FOREIGN INTELLIGENCE ACQUIRED IN TH

OF A CRIMINAL INVESTIGATION .......................................................................

GUIDELINES REGARDING PROMPT HANDLING OF REPORTS OF POSSIBLE CRIM

ACTIVITY INVOLVING FOREIGN INTELLIGENCE SOURCES ................................

STRENGTHENING INFORMATION SHARING, ACCESS, AND INTEGRATION B

ORGANIZATIONAL, MANAGEMENT, AND POLICY DEVELOPMENT STRUCTURES 

CREATING THE TERRORISM INFORMATION SHARING ENVIRONMENT ...............

GUIDELINES AND REQUIREMENTS IN SUPPORT OF THE INFORMATION SHARING 

ENVIRONMENT .................................................................................................

GUIDELINES TO ENSURE THAT THE INFORMATION PRIVACY AND OTHER LEGA

AMERICANS ARE PROTECTED IN THE DEVELOPMENT AND USE OF THE INFORM

SHARING ENVIRONMENT ..................................................................................

MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES.............

* Selected Provisions of these documents are presented in this book. 
viii
1

Department of the Navy, and a Department of the Air Force; and for t

coordination of the activities of the National Military Establishment w

departments and agencies of the Government concerned with the natio

security. 

Be it enacted by the Senate and House of Representatives of the Unite

America in Congress assembled, 

SHORT TITLE

That this Act may be cited as the “National Security Act of 1947”. 

TABLE OF CONTENTS

SEC. 2. Declaration of policy. 

SEC. 3. Definitions. 

TITLE I—COORDINATION FOR NATIONAL SECURITY

SEC. 101. National Security Council. 

SEC. 101A. Joint Intelligence Community Council. 

SEC. 102. Director of National Intelligence. 

SEC. 102A. Responsibilities and authorities of the Director of National 

SEC. 103. Office of the Director of National Intelligence. 

SEC. 103A. Deputy Directors of National Intelligence. 

SEC. 103B. National Intelligence Council. 

SEC. 103C. General Counsel. 

SEC. 103D. Civil Liberties Protection Officer. 

SEC. 103E. Director of Science and Technology. 

SEC. 103F. National Counterintelligence Executive. 

SEC. 103G. Chief Information Officer. 

SEC. 104. Central Intelligence Agency. 

SEC. 104A. Director of the Central Intelligence Agency. 

SEC. 105. Responsibilities of the Secretary of Defense pertaining to t

Intelligence Program. 

SEC. 105A. Assistance to United States law enforcement agencies. 

SEC. 105B. Disclosure of foreign intelligence acquired in criminal inve

notice of criminal investigations of foreign intelligence sou

SEC. 106. Appointment of officials responsible for intelligence-relate
2

SEC. 114. Additional annual reports from the Director of National Int

SEC. 114A. Annual report on improvement of financial statements for 

purposes. 

SEC. 115. Limitation on establishment or operation of diplomatic inte

support centers. 

SEC. 116. Travel on any common carrier for certain intelligence colle

personnel. 

Sec. 117. POW/MIA analytic capability. 

SEC. 118. Semiannual report on financial intelligence on terrorist ass

SEC. 119. National Counterterrorism Center. 

SEC. 119A. National Counterproliferation Center. 

SEC. 119B. National intelligence centers. 

TITLE II—THE DEPARTMENT OF DEFENSE

SEC. 201. Department of Defense. 

SEC. 205. Department of the Army. 

SEC. 206. Department of the Navy. 

SEC. 207. Department of the Air Force. 

TITLE III—MISCELLANEOUS

SEC. 301. National Security Agency voluntary separation. 

SEC. 302. Authority of Federal Bureau of Investigation to award pers

contracts. 

SEC. 303. Advisory committees and personnel. 

SEC. 307. Authorization for appropriations. 

SEC. 308. Definitions. 

SEC. 309. Separabillity. 

SEC. 310. Effective date. 

SEC. 311. Succession to the Presidency. 

SEC. 411. Repealing and saving provisions. 

TITLE V—ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

SEC. 501. General congressional oversight provisions. 

SEC. 502. Reporting of intelligence activities other than covert action

SEC. 503. Presidential approval and reporting of covert actions. 

SEC. 504. Funding of intelligence activities. 

SEC. 505. Notice to Congress of certain transfers of defense articles a

services. 
3

TITLE VI—PROTECTION OF CERTAIN NATIONAL SECURITY INFORMA

SEC. 601. Protection of identities of certain United States undercover 

officers, agents, informants, and sources. 

SEC. 602. Defenses and exceptions. 

SEC. 604. Extraterritorial jurisdiction. 

SEC. 605. Providing information to Congress. 

SEC. 606. Definitions. 

TITLE VII—PROTECTION OF OPERATIONAL FILES

SEC. 701. Operational files of the Central Intelligence Agency. 

SEC. 702. Operational files of the National Geospatial-Intelligence A

SEC. 703. Operational files of the National Reconnaissance Office. 

SEC. 704. Operational files of the National Security Agency. 

SEC. 705. Operational files of the Defense Intelligence Agency. 

TITLE VIII—ACCESS TO CLASSIFIED INFORMATION

SEC. 801. Procedures. 

SEC. 802. Requests by authorized investigative agencies. 

SEC. 803. Exceptions. 

SEC. 804. Definitions. 

TITLE IX—APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACT

SEC. 901. Stay of sanctions. 

SEC. 902. Extension of stay. 

SEC. 903. Reports. 

SEC. 904. Laws subject to stay. 

TITLE X—EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE

SUBTITLE A—SCIENCE AND TECHNOLOGY

SEC. 1001. Scholarships and work-study for pursuit of graduate degree

and technology. 

SEC. 1002. Framework for cross-disciplinary education and training. 

SEC. 1003. Intelligence Community Scholarship Program. 

SUBTITLE B—FOREIGN LANGUAGES PROGRAM

SEC. 1011. Program on advancement of foreign languages critical to th

intelligence community. 
4

TITLE XI—OTHER PROVISIONS

SEC. 1101. Applicability to United States intelligence activities of Fed

implementing international treaties and agreements. 

SEC. 1102. Counterintelligence initiatives. 

DECLARATION OF POLICY

SEC. 2. [50 U.S.C. §401] 

In enacting this legislation, it is the intent of Congress to provide a 

comprehensive program for the future security of the United States; to 

for the establishment of integrated policies and procedures for the dep

agencies, and functions of the Government relating to the national sec

provide a Department of Defense, including the three military Departm

Army, the Navy (including naval aviation and the United States Marin

and the Air Force under the direction, authority, and control of the Sec

Defense; to provide that each military department shall be separately 

under its own Secretary and shall function under the direction, authori

control of the Secretary of Defense; to provide for their unified directi

civilian control of the Secretary of Defense but not to merge these dep

services; to provide for the establishment of unified or specified comb

commands, and a clear and direct line of command to such commands

eliminate unnecessary duplication in the Department of Defense, and 

in the field of research and engineering by vesting its overall direction 

control in the Secretary of Defense; to provide more effective, efficien

economical administration in the Department of Defense; to provide f

unified strategic direction of the combatant forces, for their operation 

unified command, and for their integration into an efficient team of la

and air forces but not to establish a single Chief of Staff over the arme

nor an overall armed forces general staff. 
5

intentions, or activities of foreign governments or elements thereof, fo

organizations, or foreign persons, or international terrorist activities. 

 (3) The term “counterintelligence” means information gathered and a

conducted to protect against espionage, other intelligence activities, sa

assassinations conducted by or on behalf of foreign governments or el

thereof, foreign organizations, or foreign persons, or international terr

activities.

(4) The term “intelligence community” includes the following: 

(A) The Office of the Director of National Intelligence. 

(B) The Central Intelligence Agency. 

(C) The National Security Agency. 

(D) The Defense Intelligence Agency. 

(E) The National Geospatial-Intelligence Agency. 

(F) The National Reconnaissance Office. 

(G) Other offices within the Department of Defense for the co

specialized national intelligence through reconnaissance prog

(H) The intelligence elements of the Army, the Navy, the Air 

Marine Corps, the Federal Bureau of Investigation, and the D

of Energy. 

(I) The Bureau of Intelligence and Research of the Departmen

(J) The Office of Intelligence and Analysis of the Department 

Treasury. 

(K) The elements of the Department of Homeland Security co

with the analysis of intelligence information, including the Of

Intelligence of the Coast Guard. 

(L) Such other elements of any other department or agency as 

designated by the President, or designated jointly by the Direc

National Intelligence and the head of the department or agenc

concerned, as an element of the intelligence community. 

 (5) The terms “national intelligence” and “intelligence related to nati

security” refer to all intelligence, regardless of the source from which 

and including information gathered within or outside the United State

(A) pertains, as determined consistent with any guidance issu

President, to more than one United States Government agency

(B) that involves— 

(i) threats to the United States, its people, property, or 
6

intelligence community designated jointly by the Director of National 

Intelligence and the head of a United States department or agency or b

President. Such term does not include programs, projects, or activities 

military departments to acquire intelligence solely for the planning an

of tactical military operations by United States Armed Forces. 

(7) The term “congressional intelligence committees” 

means— 

(A) the Select Committee on Intelligence of the Senate; and 

(B) the Permanent Select Committee on Intelligence of the Ho

Representatives. 

TITLE I—COORDINATION FOR NATIONAL SECURI

NATIONAL SECURITY COUNCIL

SEC. 101. [50 U.S.C. §402] 

(a) There is here established a council to be known as the National Se

Council (thereinafter in this section referred to as the “Council”). The 

of the United States shall preside over meetings of the Council: Provi

his absence he may designate a member of the Council to preside in h

The function of the Council shall be to advise the President with respe

integration of domestic, foreign, and military policies relating to the n

security so as to enable the military services and the other department

agencies of the Government to cooperate more effectively in matters i

the national security. 

The Council shall be composed of— 

(1) the President; 

(2) the Vice President; 

(3) the Secretary of State; 

(4) the Secretary of Defense; 

(5) the Director for Mutual Security; 

(6) the Chairman of the National Security Resources Board; a

(7) the Secretaries and Under Secretaries of other executive d

and of the military departments, the Chairman of the Munition

and the Chairman of the Research and Development Board, w
7

(1) to assess and appraise the objectives, commitments, and ri

United States in relation to our actual and potential military p

interest of national security, for the purpose of making recom

to the President in connection therewith; and 

(2) to consider policies on matters of common interest to the d

and agencies of the Government concerned with the national 

and to make recommendations to the President in connection 

(c) The Council shall have a staff to be headed by a civilian executive 

who shall be appointed by the President. The executive secretary, sub

direction of the Council, is authorized, subject to the civil-service law

Classification Act of 1923, as amended, to appoint and fix the compen

such personnel as may be necessary to perform such duties as may be 

by the Council in connection with the performance of its functions. 

(d) The Council shall, from time to time, make such recommendation

other reports to the President as it deems appropriate or as the Preside

require.

(e) The Chairman (or in his absence the Vice Chairman) of the Joint C

Staff may, in his role as principal military adviser to the National Secu

Council and subject to the direction of the President, attend and partic

meetings of the National Security Council. 

(f) The Director of National Drug Control Policy may, in the role of th

as principal adviser to the National Security Council on national drug 

policy, and subject to the direction of the President, attend and particip

meetings of the National Security Council. 

(g) The President shall establish within the National Security Council 

be known as the “Board for Low Intensity Conflict”. The principal fun

the board shall be to coordinate the policies of the United States for lo

conflict.

(h)(1) There is established within the National Security Council a com

be known as the Committee on Foreign Intelligence (in this subsection 

as the “Committee”). 

(2) The Committee shall be composed of the following: 

(A) The Director of National Intelligence. 

(B) The Secretary of State. 

(C) The Secretary of Defense. 
8

security interests of the United States as specified by 

President;

(B) establishing priorities (including funding prioritie

the programs, projects, and activities that address suc

and requirements; and 

(C) establishing policies relating to the conduct of int

activities of the United States, including appropriate r

missions for the elements of the intelligence commun

appropriate targets of intelligence collection activities

 (4) In carrying out its function, the Committee shall— 

(A) conduct an annual review of the national security 

the United States; 

(B) identify on an annual basis, and at such other time

Council may require, the intelligence required to mee

interests and establish an order of priority for the coll

analysis of such intelligence; and 

(C) conduct an annual review of the elements of the i

community in order to determine the success of such 

collecting, analyzing, and disseminating the intelligen

identified under subparagraph (B). 

(5) The Committee shall submit each year to the Council and 

Director of National Intelligence a comprehensive report on it

during the preceding year, including its activities under parag

and (4). 

(i)(1) There is established within the National Security Council a com

known as the Committee on Transnational Threats (in this subsection 

as the “Committee”). 

(2) The Committee shall include the following members: 

(A) The Director of National Intelligence. 

(B) The Secretary of State. 

(C) The Secretary of Defense. 

(D) The Attorney General. 

(E) The Assistant to the President for National Securi

who shall serve as the chairperson of the Committee. 

(F) Such other members as the President may designa
9

respond to transnational threats identified under subp

(A);

(C) monitor implementation of such strategies; 

(D) make recommendations as to appropriate respons

specific transnational threats; 

(E) assist in the resolution of operational and policy d

among Federal departments and agencies in their resp

transnational threats; 

(F) develop policies and procedures to ensure the effe

sharing of information about transnational threats am

departments and agencies, including law enforcement 

and the elements of the intelligence community; and 

(G) develop guidelines to enhance and improve the co

of activities of Federal law enforcement agencies and 

of the intelligence community outside the United Stat

respect to transnational threats. 

(5) For purposes of this subsection, the term “transnational th

the following: 

(A) Any transnational activity (including internationa

narcotics trafficking, the proliferation of weapons of m

destruction and the delivery systems for such weapon

organized crime) that threatens the national security o

United States. 

(B) Any individual or group that engages in an activit

to in subparagraph (A). 

(j) The Director of National Intelligence (or, in the Director’s absence

Principal Deputy Director of National Intelligence) may, in the perfor

the Director’s duties under this Act and subject to the direction of the 

attend and participate in meetings of the National Security Council. 

(k) It is the sense of the Congress that there should be within the staff 

National Security Council a Special Adviser to the President on Intern

Religious Freedom, whose position should be comparable to that of a 

within the Executive Office of the President. The Special Adviser sho

a resource for executive branch officials, compiling and maintaining i

on the facts and circumstances of violations of religious freedom (as d

section 3 of the International Religious Freedom Act of 1998), and ma
10

Coordinator for the Prevention of Weapons of Mass Destruction Proli

Terrorism (or, in the Coordinator’s absence, the Deputy United States 

Coordinator) may, in the performance of the Coordinator’s duty as pri

advisor to the President on all matters relating to the prevention of we

mass destruction proliferation and terrorism, and, subject to the direct

President, attend and participate in meetings of the National Security 

the Homeland Security Council. 

JOINT INTELLIGENCE COMMUNITY COUNCIL

SEC. 101A. [50 U.S.C. §402-1] 

(a) JOINT INTELLIGENCE COMMUNITY COUNCIL.—There is a Joint Int

Community Council. 

(b) MEMBERSHIP.—The Joint Intelligence Community Council shall c

the following: 

(1) The Director of National Intelligence, who shall chair the 

(2) The Secretary of State. 

(3) The Secretary of the Treasury. 

(4) The Secretary of Defense. 

(5) The Attorney General. 

(6) The Secretary of Energy. 

(7) The Secretary of Homeland Security. 

(8) Such other officers of the United States Government as th

may designate from time to time. 

(c) FUNCTIONS.—The Joint Intelligence Community Council shall ass

Director of National Intelligence in developing and implementing a jo

national intelligence effort to protect national security by— 

(1) advising the Director on establishing requirements, develo

budgets, financial management, and monitoring and evaluatin

performance of the intelligence community, and on such othe

the Director may request; and 

(2) ensuring the timely execution of programs, policies, and d

established or developed by the Director. 

(d) MEETINGS.—The Director of National Intelligence shall convene 

meetings of the Joint Intelligence Community Council. 

(e) ADVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIRMAN.— 
11

advice or opinion, the Chairman shall present the advice or op

such member at the same time the Chairman presents the advi

Chairman to the President or the National Security Council, a

may be. 

(2) The Chairman shall establish procedures to ensure that the 

presentation of the advice of the Chairman to the President or 

National Security Council is not unduly delayed by reason of 

submission of the individual advice or opinion of another mem

Council.

(f) RECOMMENDATIONS TO CONGRESS.—Any member of the Joint In

Community Council may make such recommendations to Congress re

the intelligence community as such member considers appropriate. 

DIRECTOR OF NATIONAL INTELLIGENCE

SEC. 102. [50 U.S.C. §403] 

(a) DIRECTOR OF NATIONAL INTELLIGENCE.—

(1) There is a Director of National Intelligence who shall be a

the President, by and with the advice and consent of the Senat

individual nominated for appointment as Director of National 

Intelligence shall have extensive national security expertise. 

(2) The Director of National Intelligence shall not be located 

Executive Office of the President. 

(b) PRINCIPAL RESPONSIBILITY.—Subject to the authority, direction, 

of the President, the Director of National Intelligence shall— 

(1) serve as head of the intelligence community; 

(2) act as the principal adviser to the President, to the Nationa

Council, and the Homeland Security Council for intelligence 

related to the national security; and 

(3) consistent with section 1018 of the National Security Intel

Reform Act of 2004, oversee and direct the implementation o

National Intelligence Program. 

(c) PROHIBITION ON DUAL SERVICE.—The individual serving in the p

Director of National Intelligence shall not, while so serving, also serv

Director of the Central Intelligence Agency or as the head of any othe

of the intelligence community. 
12

ensuring that national intelligence is provided— 

(A) to the President; 

(B) to the heads of departments and agencies of the ex

branch;

(C) to the Chairman of the Joint Chiefs of Staff and s

military commanders; 

(D) to the Senate and House of Representatives and th

committees thereof; and 

(E) to such other persons as the Director of National I

determines to be appropriate. 

(2) Such national intelligence should be timely, objective, ind

political considerations, and based upon all sources available 

intelligence community and other appropriate entities. 

(b) ACCESS TO INTELLIGENCE.—Unless otherwise directed by the Pre

Director of National Intelligence shall have access to all national intel

intelligence related to the national security which is collected by any F

department, agency, or other entity, except as otherwise provided by l

appropriate, under guidelines agreed upon by the Attorney General an

Director of National Intelligence. 

(c) BUDGET AUTHORITIES.—

(1) With respect to budget requests and appropriations for the 

Intelligence Program, the Director of National Intelligence sh

(A) based on intelligence priorities set by the Presiden

to the heads of departments containing agencies or or

within the intelligence community, and to the heads o

agencies and organizations, guidance for developing t

Intelligence Program budget pertaining to such agenc

organizations;

(B) based on budget proposals provided to the Directo

National Intelligence by the heads of agencies and org

within the intelligence community and the heads of th

respective departments and, as appropriate, after obta

advice of the Joint Intelligence Community Council, 

determine an annual consolidated National Intelligenc

budget; and 
13

shall provide the Director of National Intelligence such other 

as the Director shall request for the purpose of determining th

consolidated National Intelligence Program budget under that 

(3)(A) The Director of National Intelligence shall participate 

development by the Secretary of Defense of the annual budge

Joint Military Intelligence Program and for Tactical Intelligen

Related Activities. 

(B) The Director of National Intelligence shall provid

for the development of the annual budget for each ele

intelligence community that is not within the Nationa

Intelligence Program. 

(4) The Director of National Intelligence shall ensure the effe

execution of the annual budget for intelligence and intelligenc

activities.

(5)(A) The Director of National Intelligence shall be responsi

managing appropriations for the National Intelligence Program 

directing the allotment or allocation of such appropriations th

heads of the departments containing agencies or organizations 

intelligence community and the Director of the Central Intelli

Agency, with prior notice (including the provision of appropr

supporting information) to the head of the department contain

agency or organization receiving any such allocation or allotm

Director of the Central Intelligence Agency. 

(B) Notwithstanding any other provision of law, purs

relevant appropriations Acts for the National Intellige

Program, the Director of the Office of Management a

shall exercise the authority of the Director of the Offi

Management and Budget to apportion funds, at the ex

direction of the Director of National Intelligence, for 

to the elements of the intelligence community through 

relevant host executive departments and the Central I

Agency. Department comptrollers or appropriate bud

execution officers shall allot, allocate, reprogram, or t

funds appropriated for the National Intelligence Progr

expeditious manner. 
14

(6) Apportionment and allotment of funds under this subsectio

subject to chapter 13 and section 1517 of title 31, United State

and the Congressional Budget and Impoundment Control Act 

U.S.C. §621 et seq.). 

(7)(A) The Director of National Intelligence shall provide a se

report, beginning April 1, 2005, and ending April 1, 2007, to 

President and the Congress regarding implementation of this 

(B) The Director of National Intelligence shall report 

President and the Congress not later than 15 days afte

of any instance in which a departmental comptroller a

manner inconsistent with the law (including permane

authorization Acts, and appropriations Acts), or the d

the Director of National Intelligence, in carrying out t

Intelligence Program. 

(d) ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN TRANSFER AN

REPROGRAMMING OF FUNDS.—

(1)(A) No funds made available under the National Intelligen

may be transferred or reprogrammed without the prior approv

Director of National Intelligence, except in accordance with p

prescribed by the Director of National Intelligence. 

(B) The Secretary of Defense shall consult with the D

National Intelligence before transferring or reprogram

made available under the Joint Military Intelligence P

(2) Subject to the succeeding provisions of this subsection, th

of National Intelligence may transfer or reprogram funds appr

for a program within the National Intelligence Program to ano

program. 

(3) The Director of National Intelligence may only transfer or 

funds referred to in subparagraph (A)— 

(A) with the approval of the Director of the Office of 

Management and Budget; and 

(B) after consultation with the heads of departments c

agencies or organizations within the intelligence com

the extent such agencies or organizations are affected

case of the Central Intelligence Agency, after consult

the Director of the Central Intelligence Agency. 
15

(i) the funds are being transferred to an activi

higher priority intelligence activity; 

(ii) the transfer or reprogramming supports an 

need, improves program effectiveness, or inc

efficiency; 

(iii) the transfer or reprogramming does not in

transfer or reprogramming of funds to a Rese

Contingencies of the Director of National Int

the Reserve for Contingencies of the Central 

Agency; 

(iv) the transfer or reprogramming results in a 

cumulative transfer or reprogramming of fun

any department or agency, as appropriate, fun

National Intelligence Program in a single fisc

(I) that is less than $150,000,000, and 

(II) that is less than 5 percent of amou

available to a department or agency u

National Intelligence Program; and 

(v) the transfer or reprogramming does not te

acquisition program. 

(B) A transfer or reprogramming may be made witho

a limitation set forth in clause (iv) or (v) of subparagr

the transfer has the concurrence of the head of the dep

involved or the Director of the Central Intelligence A

the case of the Central Intelligence Agency). The auth

provide such concurrence may only be delegated by t

the department or agency involved to the deputy of su

(6) Funds transferred or reprogrammed under this subsection 

remain available for the same period as the appropriations acc

which transferred or reprogrammed. 

(7) Any transfer or reprogramming of funds under this subsec

be carried out in accordance with existing procedures applicab

reprogramming notifications for the appropriate congressiona

committees. Any proposed transfer or reprogramming for whi

given to the appropriate congressional committees shall be ac

by a report explaining the nature of the proposed transfer or 
16

(e) TRANSFER OF PERSONNEL.—

(1)(A) In addition to any other authorities available under law 

purposes, in the first twelve months after establishment of a n

intelligence center, the Director of National Intelligence, with 

approval of the Director of the Office of Management and Bu

consultation with the congressional committees of jurisdiction 

in subparagraph (B), may transfer not more than 100 personne

authorized for elements of the intelligence community to such 

(B) The Director of National Intelligence shall promp

notice of any transfer of personnel made pursuant to t

paragraph to— 

(i) the congressional intelligence committees; 

(ii) the Committees on Appropriations of the 

the House of Representatives; 

(iii) in the case of the transfer of personnel to 

Department of Defense, the Committees on A

Services of the Senate and the House of Repr

and

(iv) in the case of the transfer of personnel to 

Department of Justice, to the Committees on 

Judiciary of the Senate and the House of 

Representatives. 

(C) The Director shall include in any notice under sub

(B) an explanation of the nature of the transfer and ho

satisfies the requirements of this subsection. 

(2)(A) The Director of National Intelligence, with the approva

Director of the Office of Management and Budget and in acco

with procedures to be developed by the Director of National I

and the heads of the departments and agencies concerned, ma

personnel authorized for an element of the intelligence comm

another such element for a period of not more than 2 years. 

(B) A transfer of personnel may be made under this p

only if— 

(i) the personnel are being transferred to an a

is a higher priority intelligence activity; and 
17

(ii) in the case of the transfer of personnel to 

Department of Defense, the Committees on A

Services of the Senate and the House of Repr

and

(iii) in the case of the transfer of personnel to 

Department of Justice, to the Committees on 

Judiciary of the Senate and the House of 

Representatives. 

(D) The Director shall include in any notice under sub

(C) an explanation of the nature of the transfer and ho

satisfies the requirements of this paragraph. 

(3) It is the sense of Congress that— 

(A) the nature of the national security threats facing th

States will continue to challenge the intelligence com

respond rapidly and flexibly to bring analytic resourc

against emerging and unforeseen requirements; 

(B) both the Office of the Director of National Intellig

any analytic centers determined to be necessary shoul

and properly supported with appropriate levels of per

resources and that the President’s yearly budget reque

adequately support those needs; and 

(C) the President should utilize all legal and administ

discretion to ensure that the Director of National Intel

all other elements of the intelligence community have 

necessary resources and procedures to respond promp

effectively to emerging and unforeseen national secur

challenges.

(f) TASKING AND OTHER AUTHORITIES.—

(1)(A) The Director of National Intelligence shall— 

(i) establish objectives, priorities, and guidan

intelligence community to ensure timely and 

collection, processing, analysis, and dissemin

(including access by users to collected data c

with applicable law and, as appropriate, the g

referred to in subsection (b) and analytic prod
18

(I) approving requirements (including 

requirements responding to needs pro

consumers) for collection and analys

(II) resolving conflicts in collection 

requirements and in the tasking of na

collection assets of the elements of th

intelligence community; and 

(iii) provide advisory tasking to intelligence e

those agencies and departments not within th

Intelligence Program. 

(B) The authority of the Director of National Intellige

subparagraph (A) shall not apply— 

(i) insofar as the President so directs; 

(ii) with respect to clause (ii) of subparagraph 

insofar as the Secretary of Defense exercises 

authority under plans or arrangements agreed 

the Secretary of Defense and the Director of N

Intelligence; or 

(iii) to the direct dissemination of information 

government and local government officials an

sector entities pursuant to sections 201 and 89

Homeland Security Act of 2002 (6 U.S.C. §1

(2) The Director of National Intelligence shall oversee the Na

Counterterrorism Center and may establish such other nationa

intelligence centers as the Director determines necessary. 

(3)(A) The Director of National Intelligence shall prescribe, in 

consultation with the heads of other agencies or elements of th

intelligence community, and the heads of their respective dep

personnel policies and programs applicable to the intelligence 

community that— 

(i) encourage and facilitate assignments and d

personnel to national intelligence centers, and 

elements of the intelligence community; 

(ii) set standards for education, training, and 

development of personnel of the intelligence 

community; 
19

collection and analysis of intelligence through 

recruitment and training of women, minoritie

individuals with diverse ethnic, cultural, and 

backgrounds; 

(v) make service in more than one element of 

intelligence community a condition of promo

positions within the intelligence community a

Director shall specify; and 

(vi) ensure the effective management of intel

community personnel who are responsible fo

intelligence community-wide matters. 

(B) Policies prescribed under subparagraph (A) shall 

inconsistent with the personnel policies otherwise app

members of the uniformed services. 

(4) The Director of National Intelligence shall ensure complia

the Constitution and laws of the United States by the Central 

Agency and shall ensure such compliance by other elements o

intelligence community through the host executive departmen

manage the programs and activities that are part of the Nation

Intelligence Program. 

(5) The Director of National Intelligence shall ensure the elim

waste and unnecessary duplication within the intelligence com

(6) The Director of National Intelligence shall establish requir

priorities for foreign intelligence information to be collected u

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §18

and provide assistance to the Attorney General to ensure that 

derived from electronic surveillance or physical searches und

is disseminated so it may be used efficiently and effectively f

intelligence purposes, except that the Director shall have no a

direct or undertake electronic surveillance or physical search 

pursuant to that Act unless authorized by statute or Executive 

(7) The Director of National Intelligence shall perform such o

functions as the President may direct. 

(8) Nothing in this title shall be construed as affecting the role 

Department of Justice or the Attorney General under the Fore

Intelligence Surveillance Act of 1978. 
20

(B) establish common information technology standa

protocols, and interfaces; 

(C) ensure development of information technology sy

include multi-level security and intelligence integratio

capabilities;

(D) establish policies and procedures to resolve confl

between the need to share intelligence information an

to protect intelligence sources and methods; 

(E) develop an enterprise architecture for the intellige

community and ensure that elements of the intelligen

community comply with such architecture; and 

(F) have procurement approval authority over all ente

architecture-related information technology items fun

National Intelligence Program. 

(2) The President shall ensure that the Director of National In

has all necessary support and authorities to fully and effective

implement paragraph (1). 

(3) Except as otherwise directed by the President or with the s

written agreement of the head of the department or agency in 

Federal agency or official shall not be considered to have met 

obligation to provide any information, report, assessment, or o

material (including unevaluated intelligence information) to th

department or agency solely by virtue of having provided that 

information, report, assessment, or other material to the Direc

National Intelligence or the National Counterterrorism Center

(4) Not later than February 1 of each year, the Director of Nat

Intelligence shall submit to the President and to the Congress 

report that identifies any statute, regulation, policy, or practic

Director believes impedes the ability of the Director to fully a

effectively implement paragraph (1). 

(h) ANALYSIS.—To ensure the most accurate analysis of intelligence i

from all sources to support national security needs, the Director of Na

Intelligence shall— 

(1) implement policies and procedures— 

(A) to encourage sound analytic methods and tradecra

throughout the elements of the intelligence communit
21

(2) ensure that resource allocation for intelligence analysis is 

appropriately proportional to resource allocation for intelligen

collection systems and operations in order to maximize analy

collected data; 

(3) ensure that differences in analytic judgment are fully cons

brought to the attention of policymakers; and 

(4) ensure that sufficient relationships are established between 

intelligence collectors and analysts to facilitate greater unders

the needs of analysts. 

(i) PROTECTION OF INTELLIGENCE SOURCES AND METHODS.— 

(1) The Director of National Intelligence shall protect intellig

sources and methods from unauthorized disclosure. 

(2) Consistent with paragraph (1), in order to maximize the 

dissemination of intelligence, the Director of National Intellig

establish and implement guidelines for the intelligence comm

the following purposes: 

(A) Classification of information under applicable law

Executive orders, or other Presidential directives. 

(B) Access to and dissemination of intelligence, both 

form and in the form when initially gathered. 

(C) Preparation of intelligence products in such a way 

source information is removed to allow for dissemina

lowest level of classification possible or in unclassifie

the extent practicable. 

(3) The Director may only delegate a duty or authority given t

under this subsection to the Principal Deputy Director of Nati

Intelligence.

(j) UNIFORM PROCEDURES FOR SENSITIVE COMPARTMENTED INFORM

The Director of National Intelligence, subject to the direction of the P

shall—

(1) establish uniform standards and procedures for the grant o

sensitive compartmented information to any officer or employ

agency or department of the United States and to employees o

contractors of those agencies or departments; 

(2) ensure the consistent implementation of those standards an

procedures throughout such agencies and departments; 
22

applicable standards for national security. 

(k) COORDINATION WITH FOREIGN GOVERNMENTS.—Under the direc

President and in a manner consistent with section 207 of the Foreign S

of 1980 (22 U.S.C. §3927), the Director of National Intelligence shall 

coordination of the relationships between elements of the intelligence 

and the intelligence or security services of foreign governments or int

organizations on all matters involving intelligence related to the nation

or involving intelligence acquired through clandestine means. 

(l) ENHANCED PERSONNEL MANAGEMENT.—

(1)(A) The Director of National Intelligence shall, under regu

prescribed by the Director, provide incentives for personnel o

of the intelligence community to serve— 

(i) on the staff of the Director of National Int

(ii) on the staff of the national intelligence ce

(iii) on the staff of the National Counterterror

and

(iv) in other positions in support of the intelli

community management functions of the Dir

(B) Incentives under subparagraph (A) may include fi

incentives, bonuses, and such other awards and incen

Director considers appropriate. 

(2)(A) Notwithstanding any other provision of law, the person

element of the intelligence community who are assigned or de

under paragraph (1)(A) to service under the Director of Natio

Intelligence shall be promoted at rates equivalent to or better 

personnel of such element who are not so assigned or detailed

(B) The Director may prescribe regulations to carry o

section.

(3)(A) The Director of National Intelligence shall prescribe m

to facilitate the rotation of personnel of the intelligence comm

through various elements of the intelligence community in the 

their careers in order to facilitate the widest possible understa

such personnel of the variety of intelligence requirements, me

users, and capabilities. 

(B) The mechanisms prescribed under subparagraph (

include the following: 
23

community. 

(iii) The establishment of requirements for ed

training, service, and evaluation for service in

more than one element of the intelligence com

(C) It is the sense of Congress that the mechanisms pr

under this subsection should, to the extent practical, s

duplicate for civilian personnel within the intelligence 

community the joint officer management policies esta

chapter 38 of title 10, United States Code, and the oth

amendments made by title IV of the Goldwater-Nicho

Department of Defense Reorganization Act of 1986 (

99-433). 

(4)(A) Except as provided in subparagraph (B) and subparagr

this subsection shall not apply with respect to personnel of the 

of the intelligence community who are members of the unifor

services.

(B) Mechanisms that establish requirements for educa

training pursuant to paragraph (3)(B)(iii) may apply w

to members of the uniformed services who are assign

element of the intelligence community funded throug

National Intelligence Program, but such mechanisms 

inconsistent with personnel policies and education an

requirements otherwise applicable to members of the 

services.

(C) The personnel policies and programs developed a

implemented under this subsection with respect to law 

enforcement officers (as that term is defined in sectio

of title 5, United States Code) shall not affect the abil

enforcement entities to conduct operations or, through 

applicable chain of command, to control the activities 

law enforcement officers. 

(D) Assignment to the Office of the Director of Natio

Intelligence of commissioned officers of the Armed F

be considered a joint-duty assignment for purposes of 

officer management policies prescribed by chapter 38 

United States Code, and other provisions of that title. 
24

Act of 1949 (50 U.S.C. §403a et seq.), and other applicable pr

law, as of the date of the enactment of this subsection to the s

and subject to the same conditions and limitations, that the Di

the Central Intelligence Agency may exercise such authority w

to personnel of the Central Intelligence Agency. 

(2) Employees and applicants for employment of the Office o

Director of National Intelligence shall have the same rights an

protections under the Office of the Director of National Intell

employees of the Central Intelligence Agency have under the 

Intelligence Agency Act of 1949, and other applicable provisi

as of the date of the enactment of this subsection. 

(n) ACQUISITION AUTHORITIES.—

(1) In carrying out the responsibilities and authorities under th

the Director of National Intelligence may exercise the acquisi

appropriations authorities referred to in the Central Intelligenc

Act of 1949 (50 U.S.C. §403a et seq.) other than the authoriti

to in section 8(b) of that Act (50 U.S.C. §403j(b)). 

(2) For the purpose of the exercise of any authority referred to 

paragraph (1), a reference to the head of an agency shall be de

a reference to the Director of National Intelligence or the Prin

Deputy Director of National Intelligence. 

(3)(A) Any determination or decision to be made under an au

referred to in paragraph (1) by the head of an agency may be m

respect to individual purchases and contracts or with respect t

purchases or contracts, and shall be final. 

(B) Except as provided in subparagraph (C), the Dire

National Intelligence or the Principal Deputy Directo

National Intelligence may, in such official’s discretio

to any officer or other official of the Office of the Dir

National Intelligence any authority to make a determi

decision as the head of the agency under an authority 

in paragraph (1). 

(C) The limitations and conditions set forth in section 

Central Intelligence Agency Act of 1949 (50 U.S.C. §

shall apply to the exercise by the Director of National 

Intelligence of an authority referred to in paragraph (
25

period of at least six years following the date of such 

determination or decision. 

(o) CONSIDERATION OF VIEWS OF ELEMENTS OF INTELLIGENCE COMM

In carrying out the duties and responsibilities under this section, the D

National Intelligence shall take into account the views of a head of a d

containing an element of the intelligence community and of the Direc

Central Intelligence Agency. 

(p) RESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE REGA

NATIONAL INTELLIGENCE PROGRAM BUDGET CONCERNING THE DEP

OF DEFENSE.—Subject to the direction of the President, the Director o

Intelligence shall, after consultation with the Secretary of Defense, en

the National Intelligence Program budgets for the elements of the inte

community that are within the Department of Defense are adequate to 

national intelligence needs of the Department of Defense, including th

the Chairman of the Joint Chiefs of Staff and the commanders of the u

specified commands, and wherever such elements are performing Gov

wide functions, the needs of other Federal departments and agencies. 

(q) ACQUISITIONS OF MAJOR SYSTEMS.—

(1) For each intelligence program within the National Intellig

Program for the acquisition of a major system, the Director of 

Intelligence shall— 

(A) require the development and implementation of a 

management plan that includes cost, schedule, and pe

goals and program milestone criteria, except that with 

Department of Defense programs the Director shall c

the Secretary of Defense; 

(B) serve as exclusive milestone decision authority, e

with respect to Department of Defense programs the D

shall serve as milestone decision authority jointly wit

Secretary of Defense or the designee of the Secretary

(C) periodically— 

(i) review and assess the progress made towa

achievement of the goals and milestones esta

such plan; and 

(ii) submit to Congress a report on the results 

review and assessment. 
26

subsection.

(4) In this subsection: 

(A) The term “intelligence program”, with respect to 

acquisition of a major system, means a program that— 

(i) is carried out to acquire such major system 

element of the intelligence community; and 

(ii) is funded in whole out of amounts availab

National Intelligence Program. 

(B) The term “major system” has the meaning given s

section 4(9) of the Federal Property and Administrativ

Act of 1949 (41 U.S.C. §403(9)). 

(r) PERFORMANCE OF COMMON SERVICES.—The Director of Nationa

Intelligence shall, in consultation with the heads of departments and a

the United States Government containing elements within the intellige

community and with the Director of the Central Intelligence Agency, 

the performance by the elements of the intelligence community within 

National Intelligence Program of such services as are of common con

intelligence community, which services the Director of National Intel

determines can be more efficiently accomplished in a consolidated ma

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

SEC. 103. [50 U.S.C. §403-3] 

(a) OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE.—There is an 

the Director of National Intelligence. 

(b) FUNCTION.—The function of the Office of the Director of Nationa

Intelligence is to assist the Director of National Intelligence in carryin

duties and responsibilities of the Director under this Act, the National 

Act of 1947 (50 U.S.C. §401 et seq.), and other applicable provisions 

to carry out such other duties as may be prescribed by the President or 

(c) COMPOSITION.—The Office of the Director of National Intelligenc

composed of the following: 

(1) The Director of National Intelligence. 

(2) The Principal Deputy Director of National Intelligence. 

(3) Any Deputy Director of National Intelligence appointed u

section 103A. 
27

(9) Such other offices and officials as may be established by l

Director may establish or designate in the Office, including n

intelligence centers. 

(d) STAFF.—

(1) To assist the Director of National Intelligence in fulfilling 

and responsibilities of the Director, the Director shall employ 

in the Office of the Director of National Intelligence a profess

having an expertise in matters relating to such duties and resp

and may establish permanent positions and appropriate rates o

respect to that staff. 

(2) The staff of the Office of the Director of National Intellige

paragraph (1) shall include the staff of the Office of the Depu

of Central Intelligence for Community Management that is tra

the Office of the Director of National Intelligence under secti

the National Security Intelligence Reform Act of 2004. 

(e) LIMITATION ON CO-LOCATION WITH OTHER ELEMENTS OF INTELL

COMMUNITY.—Commencing as of October 1, 2008, the Office of the 

National Intelligence may not be co-located with any other element of 

intelligence community. 

DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE

SEC. 103A. [50 U.S.C. §403-3a] 

(a) PRINCIPAL DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE.—

(1) There is a Principal Deputy Director of National Intelligen

shall be appointed by the President, by and with the advice an

of the Senate. 

(2) In the event of a vacancy in the position of Principal Depu

of National Intelligence, the Director of National Intelligence 

recommend to the President an individual for appointment as 

Deputy Director of National Intelligence. 

(3) Any individual nominated for appointment as Principal De

Director of National Intelligence shall have extensive nationa

experience and management expertise. 
28

(6) The Principal Deputy Director of National Intelligence sha

and exercise the powers of, the Director of National Intelligen

the absence or disability of the Director of National Intelligen

during a vacancy in the position of Director of National Intell

(b) DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE.—

(1) There may be not more than four Deputy Directors of Nat

Intelligence who shall be appointed by the Director of Nation

Intelligence.

(2) Each Deputy Director of National Intelligence appointed u

subsection shall have such duties, responsibilities, and author

Director of National Intelligence may assign or are specified b

(c) MILITARY STATUS OF DIRECTOR OF NATIONAL INTELLIGENCE AN

PRINCIPAL DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE.—

(1) Not more than one of the individuals serving in the positio

specified in paragraph (2) may be a commissioned officer of t

Forces in active status. 

(2) The positions referred to in this paragraph are the followin

(A) The Director of National Intelligence. 

(B) The Principal Deputy Director of National Intellig

(3) It is the sense of Congress that, under ordinary circumstan

desirable that one of the individuals serving in the positions sp

paragraph (2)— 

(A) be a commissioned officer of the Armed Forces, i

status; or 

(B) have, by training or experience, an appreciation o

intelligence activities and requirements. 

(4) A commissioned officer of the Armed Forces, while servin

position specified in paragraph (2)— 

(A) shall not be subject to supervision or control by th

of Defense or by any officer or employee of the Depa

Defense; 

(B) shall not exercise, by reason of the officer’s status 

commissioned officer, any supervision or control with 

any of the military or civilian personnel of the Depart

Defense except as otherwise authorized by law; and 
29

officer in the Armed Forces, or any emolument, perquisite, rig

privilege, or benefit incident to or arising out of such status, p

rank, or grade. 

(6) A commissioned officer of the Armed Forces on active du

appointed to a position specified in paragraph (2), while servi

position and while remaining on active duty, shall continue to 

military pay and allowances and shall not receive the pay pres

such position. Funds from which such pay and allowances are 

be reimbursed from funds available to the Director of Nationa

Intelligence.

NATIONAL INTELLIGENCE COUNCIL

SEC. 103B. [50 U.S.C. §403-3b] 

(a) NATIONAL INTELLIGENCE COUNCIL.—There is a National Intellig

Council.

(b) COMPOSITION.—

(1) The National Intelligence Council shall be composed of se

analysts within the intelligence community and substantive ex

the public and private sector, who shall be appointed by, repo

serve at the pleasure of, the Director of National Intelligence. 

(2) The Director shall prescribe appropriate security requirem

personnel appointed from the private sector as a condition of 

the Council, or as contractors of the Council or employees of 

contractors, to ensure the protection of intelligence sources an

while avoiding, wherever possible, unduly intrusive requirem

the Director considers to be unnecessary for this purpose. 

(c) DUTIES AND RESPONSIBILITIES.—

(1) The National Intelligence Council shall— 

(A) produce national intelligence estimates for the Un

Government, including alternative views held by elem

intelligence community and other information as spec

paragraph (2); 

(B) evaluate community-wide collection and producti

intelligence by the intelligence community and the re

and resources of such collection and production; and 
30

areas of expertise and under the direction of the Director of National I

the members of the National Intelligence Council shall constitute the 

intelligence advisers of the intelligence community for purposes of rep

the views of the intelligence community within the United States Gov

(e) AUTHORITY TO CONTRACT.—Subject to the direction and control 

Director of National Intelligence, the National Intelligence Council m

its responsibilities under this section by contract, including contracts f

substantive experts necessary to assist the Council with particular asse

under this section. 

(f) STAFF.—The Director of National Intelligence shall make availabl

National Intelligence Council such staff as may be necessary to permi

Council to carry out its responsibilities under this section. 

(g) AVAILABILITY OF COUNCIL AND STAFF.—

(1) The Director of National Intelligence shall take appropriat

to ensure that the National Intelligence Council and its staff sa

needs of policymaking officials and other consumers of intell

(2) The Council shall be readily accessible to policymaking o

other appropriate individuals not otherwise associated with th

intelligence community. 

(h) SUPPORT.—The heads of the elements of the intelligence commun

appropriate, furnish such support to the National Intelligence Council

the preparation of intelligence analyses, as may be required by the Dir

National Intelligence. 

(i) NATIONAL INTELLIGENCE COUNCIL PRODUCT.—For purposes of t

the term “National Intelligence Council product” includes a National 

Estimate and any other intelligence community assessment that sets fo

judgment of the intelligence community as a whole on a matter covere

product.

GENERAL COUNSEL

SEC. 103C. [50 U.S.C. §403-3c] 

(a) GENERAL COUNSEL.—There is a General Counsel of the Office of 

Director of National Intelligence who shall be appointed by the Presid

with the advice and consent of the Senate. 
31

(d) FUNCTIONS.—The General Counsel shall perform such functions a

Director of National Intelligence may prescribe. 

CIVIL LIBERTIES PROTECTION OFFICER

SEC. 103D. [50 U.S.C. §403-3d] 

(a) CIVIL LIBERTIES PROTECTION OFFICER.—

(1) Within the Office of the Director of National Intelligence, 

Civil Liberties Protection Officer who shall be appointed by t

of National Intelligence. 

(2) The Civil Liberties Protection Officer shall report directly 

Director of National Intelligence. 

(b) DUTIES.—The Civil Liberties Protection Officer shall— 

(1) ensure that the protection of civil liberties and privacy is 

appropriately incorporated in the policies and procedures dev

and implemented by the Office of the Director of National Int

and the elements of the intelligence community within the Na

Intelligence Program; 

(2) oversee compliance by the Office and the Director of Nati

Intelligence with requirements under the Constitution and all 

regulations, Executive orders, and implementing guidelines re

civil liberties and privacy; 

(3) review and assess complaints and other information indica

possible abuses of civil liberties and privacy in the administra

programs and operations of the Office and the Director of Nat

Intelligence and, as appropriate, investigate any such complai

information; 

(4) ensure that the use of technologies sustain, and do not erod

protections relating to the use, collection, and disclosure of pe

information; 

(5) ensure that personal information contained in a system of 

subject to section 552a of title 5, United States Code (popular

to as the Privacy Act’), is handled in full compliance with fair 

information practices as set out in that section; 

(6) conduct privacy impact assessments when appropriate or a

by law; and 
32

paragraph (3) of subsection (b). 

DIRECTOR OF SCIENCE AND TECHNOLOGY

SEC. 103E. [50 U.S.C. §403-3e] 

(a) DIRECTOR OF SCIENCE AND TECHNOLOGY.—There is a Director o

and Technology within the Office of the Director of National Intellige

shall be appointed by the Director of National Intelligence. 

(b) REQUIREMENT RELATING TO APPOINTMENT.—An individual appo

Director of Science and Technology shall have a professional backgro

experience appropriate for the duties of the Director of Science and T

(c) DUTIES.—The Director of Science and Technology shall— 

(1) act as the chief representative of the Director of National I

for science and technology; 

(2) chair the Director of National Intelligence Science and Te

Committee under subsection (d); 

(3) assist the Director in formulating a long-term strategy for 

advances in the field of intelligence; 

(4) assist the Director on the science and technology elements 

budget of the Office of the Director of National Intelligence; a

(5) perform other such duties as may be prescribed by the Dir

National Intelligence or specified by law. 

(d) DIRECTOR OF NATIONAL INTELLIGENCE SCIENCE AND TECHNOLO

COMMITTEE.—

(1) There is within the Office of the Director of Science and T

a Director of National Intelligence Science and Technology C

(2) The Committee shall be composed of the principal science 

the National Intelligence Program. 

(3) The Committee shall— 

(A) coordinate advances in research and development 

intelligence; and 

(B) perform such other functions as the Director of Sc

Technology shall prescribe. 
33

seq.) is a component of the Office of the Director of National Intellige

(b) DUTIES.—The National Counterintelligence Executive shall perfo

duties provided in the Counterintelligence Enhancement Act of 2002 

other duties as may be prescribed by the Director of National Intellige

specified by law. 

CHIEF INFORMATION OFFICER

SEC. 103G. [50 U.S.C. §403-3g] 

(a) CHIEF INFORMATION OFFICER.—To assist the Director of Nationa

Intelligence in carrying out the responsibilities of the Director under t

other applicable provisions of law, there shall be within the Office of 

of National Intelligence a Chief Information Officer who shall be app

the President, by and with the advice and consent of the Senate. 

(b) CHIEF INFORMATION OFFICER OF INTELLIGENCE COMMUNITY.—T

Information Officer shall serve as the chief information officer of the 

community. 

(c) DUTIES AND RESPONSIBILITIES.—Subject to the direction of the D

National Intelligence, the Chief Information Officer shall— 

(1) manage activities relating to the information technology 

infrastructure and enterprise architecture requirements of the 

community; 

(2) have procurement approval authority over all information 

items related to the enterprise architectures of all intelligence 

components; 

(3) direct and manage all information technology-related proc

the intelligence community; and 

(4) ensure that all expenditures for information technology an

and development activities are consistent with the intelligence 

community enterprise architecture and the strategy of the Dire

such architecture. 

(d) PROHIBITION ON SIMULTANEOUS SERVICE AS OTHER CHIEF INFOR

OFFICER.—An individual serving in the position of Chief Information 

may not, while so serving, serve as the chief information officer of an

department or agency, or component thereof, of the United States Gov
34

specified in section 104A(c). 

DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

SEC. 104A. [50 U.S.C. §403-4a] 

(a) DIRECTOR OF CENTRAL INTELLIGENCE AGENCY.—There is a Dire

Central Intelligence Agency who shall be appointed by the President, 

the advice and consent of the Senate. 

(b) SUPERVISION.—The Director of the Central Intelligence Agency s

to the Director of National Intelligence regarding the activities of the 

Intelligence Agency. 

(c) DUTIES.—The Director of the Central Intelligence Agency shall— 

(1) serve as the head of the Central Intelligence Agency; and 

(2) carry out the responsibilities specified in subsection (d). 

(d) RESPONSIBILITIES.—The Director of the Central Intelligence Agen

(1) collect intelligence through human sources and by other ap

means, except that the Director of the Central Intelligence Ag

have no police, subpoena, or law enforcement powers or inter

functions;

(2) correlate and evaluate intelligence related to the national s

provide appropriate dissemination of such intelligence; 

(3) provide overall direction for and coordination of the collec

national intelligence outside the United States through human 

elements of the intelligence community authorized to underta

collection and, in coordination with other departments, agenc

elements of the United States Government which are authoriz

undertake such collection, ensure that the most effective use i

resources and that appropriate account is taken of the risks to 

States and those involved in such collection; and 

(4) perform such other functions and duties related to intellige

affecting the national security as the President or the Director 

Intelligence may direct. 

(e) TERMINATION OF EMPLOYMENT OF CIA EMPLOYEES.—

(1) Notwithstanding the provisions of any other law, the Direc

Central Intelligence Agency may, in the discretion of the Dire

terminate the employment of any officer or employee of the C
35

United States Government if declared eligible for such emplo

the Office of Personnel Management. 

(f) COORDINATION WITH FOREIGN GOVERNMENTS.—Under the direc

Director of National Intelligence and in a manner consistent with sect

the Foreign Service Act of 1980 (22 U.S.C. §3927), the Director of th

Intelligence Agency shall coordinate the relationships between elemen

intelligence community and the intelligence or security services of for

governments or international organizations on all matters involving in

related to the national security or involving intelligence acquired throu

clandestine means. 

(g) FOREIGN LANGUAGE PROFICIENCY FOR CERTAIN SENIOR LEVEL P

IN CENTRAL INTELLIGENCE AGENCY.—

(1) Except as provided pursuant to paragraph (2), an individua

be appointed to a position in the Senior Intelligence Service in 

Directorate of Intelligence or the Directorate of Operations of 

Intelligence Agency unless the Director of the Central Intellig

Agency determines that the individual— 

(A) has been certified as having a professional speaki

reading proficiency in a foreign language, such profic

at least level 3 on the Interagency Language Roundta

Language Skills Level or commensurate proficiency l

such other indicator of proficiency as the Director of 

Intelligence Agency considers appropriate; and 

(B) is able to effectively communicate the priorities o

United States and exercise influence in that foreign la

(2) The Director of the Central Intelligence Agency may, in th

discretion of the Director, waive the application of paragraph 

position or category of positions otherwise covered by that pa

the Director determines that foreign language proficiency is n

necessary for the successful performance of the duties and 

responsibilities of such position or category of positions. 
36

(1) ensure that the budgets of the elements of the intelligence 

within the Department of Defense are adequate to satisfy the o

intelligence needs of the Department of Defense, including th

the Chairman of the Joint Chiefs of Staff and the commanders 

unified and specified commands and, wherever such elements 

performing government wide functions, the needs of other dep

and agencies; 

(2) ensure appropriate implementation of the policies and reso

decisions of the Director by elements of the Department of De

within the National Intelligence Program; 

(3) ensure that the tactical intelligence activities of the Depart

Defense complement and are compatible with intelligence act

under the National Intelligence Program; 

(4) ensure that the elements of the intelligence community wi

Department of Defense are responsive and timely with respec

satisfying the needs of operational military forces; 

(5) eliminate waste and unnecessary duplication among the in

activities of the Department of Defense; and

(6) ensure that intelligence activities of the Department of De

conducted jointly where appropriate. 

(b) RESPONSIBILITY FOR THE PERFORMANCE OF SPECIFIC FUNCTIONS

Consistent with sections 102 and 102A of this Act, the Secretary of D

ensure—

(1) through the National Security Agency (except as otherwis

by the President or the National Security Council), the continu

operation of an effective unified organization for the conduct 

intelligence activities and shall ensure that the product is disse

a timely manner to authorized recipients; 

(2) through the National Geospatial-Intelligence Agency (exc

otherwise directed by the President or the National Security C

with appropriate representation from the intelligence commun

continued operation of an effective unified organization withi

Department of Defense—

(A) for carrying out tasking of imagery collection; 

(B) for the coordination of imagery processing and ex

activities;
37

architecture and standards; and 

 (ii) developing and fielding systems of comm

related to imagery intelligence and geospatial 

information; 

(3) through the National Reconnaissance Office (except as oth

directed by the President or the National Security Council), th

operation of an effective unified organization for the research 

development, acquisition, and operation of overhead reconnai

systems necessary to satisfy the requirements of all elements 

intelligence community; 

(4) through the Defense Intelligence Agency (except as otherw

directed by the President or the National Security Council), th

operation of an effective unified system within the Departmen

Defense for the production of timely, objective military and m

related intelligence, based upon all sources available to the in

community, and shall ensure the appropriate dissemination of 

intelligence to authorized recipients; 

(5) through the Defense Intelligence Agency (except as otherw

directed by the President or the National Security Council), ef

management of Department of Defense human intelligence ac

including defense attaches; and 

(6) that the military departments maintain sufficient capabiliti

collect and produce intelligence to meet— 

(A) the requirements of the Director of National Intel

(B) the requirements of the Secretary of Defense or th

Chairman of the Joint Chiefs of Staff; 

(C) the requirements of the unified and specified com

commands and of joint operations; and 

(D) the specialized requirements of the military depar

intelligence necessary to support tactical 

commanders, military planners, the research and deve

process, the acquisition of military equipment, and tra

doctrine.

(c) USE OF ELEMENTS OF DEPARTMENT OF DEFENSE.—The Secretary 

Defense, in carrying out the functions described in this section, may u

elements of the Department of Defense as may be appropriate for the 
38

(a) AUTHORITY TO PROVIDE ASSISTANCE.—Subject to subsection (b)

of the intelligence community may, upon the request of a United State

enforcement agency, collect information outside the United States abo

individuals who are not United States persons. Such elements may co

information notwithstanding that the law enforcement agency intends 

information collected for purposes of a law enforcement investigation 

counterintelligence investigation. 

(b) LIMITATION ON ASSISTANCE BY ELEMENTS OF DEPARTMENT OF D

(1) With respect to elements within the Department of Defens

authority in subsection (a) applies only to the following: 

(A) The National Security Agency. 

(B) The National Reconnaissance Office. 

(C) The National Geospatial-Intelligence Agency. 

(D) The Defense Intelligence Agency. 

(2) Assistance provided under this section by elements of the 

of Defense may not include the direct participation of a memb

Army, Navy, Air Force, or Marine Corps in an arrest or simila

(3) Assistance may not be provided under this section by an e

the Department of Defense if the provision of such assistance 

adversely affect the military preparedness of the United State

(4) The Secretary of Defense shall prescribe regulations gove

exercise of authority under this section by elements of the De

Defense, including regulations relating to the protection of so

methods in the exercise of such authority. 

(c) DEFINITIONS.—For purposes of subsection (a): 

(1) The term “United States law enforcement agency” means 

department or agency of the Federal Government that the Atto

General designates as law enforcement agency for purposes o

section.

(2) The term “United States person” means the following: 

(A) A United States citizen. 

(B) An alien known by the intelligence agency conce

permanent resident alien. 

(C) An unincorporated association substantially comp

United States citizens or permanent resident aliens. 
39

INVESTIGATIONS OF FOREIGN INTELLIGENCE SOURCES

SEC. 105B. [50 U.S.C. §403–5b] 

(a) DISCLOSURE OF FOREIGN INTELLIGENCE.—

(1) Except as otherwise provided by law and subject to paragr

Attorney General, or the head of any other department or agen

Federal Government with law enforcement responsibilities, sh

expeditiously disclose to the Director of National Intelligence

to guidelines developed by the Attorney General in consultati

Director, foreign intelligence acquired by an element of the D

of Justice or an element of such department or agency, as the 

be, in the course of a criminal investigation. 

(2) The Attorney General by regulation and in consultation w

Director may provide for exceptions to the applicability of pa

for one or more classes of foreign intelligence, or foreign inte

with respect to one or more targets or matters, if the Attorney 

determines that disclosure of such foreign intelligence under t

paragraph would jeopardize an ongoing law enforcement inve

impair other significant law enforcement interests. 

(b) PROCEDURES FOR NOTICE OF CRIMINAL INVESTIGATIONS.—Not l

180 days after the date of enactment of this section, the Attorney Gen

consultation with the Director of National Intelligence, shall develop g

to ensure that after receipt of a report from an element of the intelligen

community of activity of a foreign intelligence source or potential for

intelligence source that may warrant investigation as criminal activity

Attorney General provides notice to the Director, within a reasonable 

time, of his intention to commence, or decline to commence, a crimin

investigation of such activity. 

(c) PROCEDURES.—The Attorney General shall develop procedures fo

administration of this section, including the disclosure of foreign intel

elements of the Department of Justice, and elements of other departm

agencies of the Federal Government, under subsection (a) and the pro

notice with respect to criminal investigations under subsection (b). 
40

the Director of National Intelligence shall recommend to the P

individual for nomination to fill the vacancy. 

(2) Paragraph (1) applies to the following positions: 

(A) The Principal Deputy Director of National Intelli

(B) The Director of the Central Intelligence Agency. 

(b) CONCURRENCE OF DNI IN APPOINTMENTS TO POSITIONS IN THE 

INTELLIGENCE COMMUNITY.—

(1) In the event of a vacancy in a position referred to in parag

the head of the department or agency having jurisdiction over 

position shall obtain the concurrence of the Director of Nation

Intelligence before appointing an individual to fill the vacancy 

recommending to the President an individual to be nominated 

vacancy. If the Director does not concur in the recommendati

of the department or agency concerned may not fill the vacan

the recommendation to the President (as the case may be). In 

which the Director does not concur in such a recommendation

Director and the head of the department or agency concerned 

the President directly of the intention to withhold concurrence 

a recommendation, as the case may be. 

(2) Paragraph (1) applies to the following positions: 

(A) The Director of the National Security Agency. 

(B) The Director of the National Reconnaissance Offi

(C) The Director of the National Geospatial-Intelligen

(D) The Assistant Secretary of State for Intelligence a

Research. 

(E) The Director of the Office of Intelligence of the D

of Energy. 

(F) The Director of the Office of Counterintelligence 

Department of Energy. 

(G) The Assistant Secretary for Intelligence and Anal

Department of the Treasury. 

(H) The Executive Assistant Director for Intelligence 

Federal Bureau of Investigation or any successor to th

(I) The Under Secretary of Homeland Security for Int

and Analysis. 
41

(2) Paragraph (1) applies to the following positions: 

(A) The Director of the Defense Intelligence Agency. 

(B) The Assistant Commandant of the Coast Guard fo

Intelligence.

(C) Assistant Attorney General designated as the Ass

Attorney General for National Security under section 

title 28, United States Code. 

NATIONAL SECURITY RESOURCES BOARD

SEC. 107. [50 U.S.C. §404] 

(a) The Director of the Federal Emergency Management Agency, subj

direction of the President, is authorized, subject to the civil-service law

Classification Act of 1949, to appoint and fix the compensation of suc

as may be necessary to assist the Director in carrying out his function

(b) It shall be the function of the Director of the Office of Defense Mo

to advise the President concerning the coordination of military, indust

civilian mobilization, including— 

(1) policies concerning industrial and civilian mobilization in 

assure the most effective mobilization and maximum utilizati

Nation’s manpower in the event of war. 

(2) programs for the effective use in time of war of the Nation

and industrial resources for military and civilian needs, for th

maintenance and stabilization of the civilian economy in time 

for the adjustment of such economy to war needs and conditio

 (3) policies for unifying, in time of war, the activities of Fede

agencies and departments engaged in or concerned with produ

procurement, distribution, or transportation of military or civi

supplies, materials, and products; 

(4) the relationship between potential supplies of, and potenti

requirements for, manpower, resources, and productive facilit

of war; 

(5) policies for establishing adequate reserves of strategic and 

material, and for the conservation of these reserves; 
42

ANNUAL NATIONAL SECURITY STRATEGY REPORT

SEC. 108. [50 U.S.C. §404a] 

(a)(1) The President shall transmit to Congress each year a comprehen

on the national security strategy of the United States (hereinafter in th

referred to as a national security strategy report”). 

(2) The national security strategy report for any year shall be 

on the date on which the President submits to Congress the bu

the next fiscal year under section 1105 of title 31, United Stat

(3) Not later than 150 days after the date on which a new Pres

office, the President shall transmit to Congress a national secu

strategy report under this section. That report shall be in addit

report for that year transmitted at the time specified in paragra

(b) Each national security strategy report shall set forth the national se

strategy of the United States and shall include a comprehensive descri

discussion of the following: 

(1) The worldwide interests, goals, and objectives of the Unit

that are vital to the national security of the United States. 

(2) The foreign policy, worldwide commitments, and national 

capabilities of the United States necessary to deter aggression 

implement the national security strategy of the United States. 

(3) The proposed short-term and long-term uses of the politic

economic, military, and other elements of the national power 

United States to protect or promote the interests and achieve t

and objectives referred to in paragraph (1). 

(4) The adequacy of the capabilities of the United States to ca

national security strategy of the United States, including an ev

the balance among the capabilities of all elements of the natio

of the United States to support the implementation of the natio

security strategy. 

(5) Such other information as may be necessary to help inform 

on matters relating to the national security strategy of the Uni

 (c) Each national security strategy report shall be transmitted in both 

and an unclassified form. 
43

report on the requirements of the United States for intelligenc

activities of the intelligence community. 

(B) Not later than January 31 each year, and included 

budget of the President for the next fiscal year under 

1105(a) of title 31, United States Code, the President 

submit to the appropriate congressional committees th

described in subparagraph (A). 

(2) The purpose of the report is to facilitate an assessment of t

activities of the intelligence community during the preceding 

and to assist in the development of a mission and a budget for 

intelligence community for the fiscal year beginning in the ye

the report is submitted. 

(3) The report shall be submitted in unclassified form, but ma

classified annex. 

(b) MATTERS COVERED.—

(1) Each report under subsection (a) shall— 

(A) specify the intelligence required to meet the natio

interests of the United States, and set forth an order o

for the collection and analysis of intelligence required 

such interests, for the fiscal year beginning in the yea

the report is submitted; and 

(B) evaluate the performance of the intelligence comm

collecting and analyzing intelligence required to meet 

interests during the fiscal year ending in the year prec

year in which the report is submitted, including a desc

the significant successes and significant failures of th

intelligence community in such collection and analys

that fiscal year. 

(2) The report shall specify matters under paragraph (1)(A) in 

detail to assist Congress in making decisions with respect to t

allocation of resources for the matters specified. 

(c) DEFINITION.—In this section, the term “appropriate congressional 

committees” means the following: 

(1) The Committee on Appropriations and the Committee on 

Services of the Senate. 
44

SEC. 110. [50 U.S.C. §404e] 

(a) IN GENERAL.—In addition to the Department of Defense missions 

section 442 of title 10, United States Code, the National Geospatial-In

Agency shall support the imagery requirements of the Department of 

other departments and agencies of the United States outside the Depar

Defense. 

(b) REQUIREMENTS AND PRIORITIES.—The Director of National Intel

shall establish requirements and priorities governing the collection of 

intelligence by the National Geospatial-Intelligence Agency under sub

(c) CORRECTION OF DEFICIENCIES.—The Director of National Intellig

develop and implement such programs and policies as the Director an

Secretary of Defense jointly determine necessary to review and correc

deficiencies identified in the capabilities of the National Geospatial-In

Agency to accomplish assigned national missions, including support t

source analysis and production process. The Director shall consult wit

Secretary of Defense on the development and implementation of such 

and policies. The Secretary shall obtain the advice of the Chairman of 

Chiefs of Staff regarding the matters on which the Director and the Se

to consult under the preceding sentence. 

RESTRICTION ON INTELLIGENCE SHARING WITH THE UNITED N

SEC. 112. [50 U.S.C. §404g] 

(a) PROVISION OF INTELLIGENCE INFORMATION TO THE UNITED NATI

(1) No United States intelligence information may be provide

United Nations or any organization affiliated with the United 

to any officials or employees thereof, unless the President cer

appropriate committees of Congress that the Director of Natio

Intelligence, in consultation with the Secretary of State and th

of Defense, has established and implemented procedures, and 

worked with the United Nations to ensure implementation of 

for protecting from unauthorized disclosure United States inte

sources and methods connected to such information. 

(2) Paragraph (1) may be waived upon written certification by 

President to the appropriate committees of Congress that prov

information to the United Nations or an organization affiliated 
45

Nations and the purposes for which it was provided during th

covered by the report. The President shall also report to the ap

committees of Congress within 15 days after it has become kn

United States Government that there has been an unauthorized 

of intelligence provided by the United States to the United Na

(2) The requirement for periodic reports under the first senten

paragraph (1) shall not apply to the provision of intelligence t

provided only to, and for the use of, appropriately cleared Un

Government personnel serving with the United Nations. 

(3) In the case of the annual reports required to be submitted u

first sentence of paragraph (1) to the congressional intelligenc

committees, the submittal dates for such reports shall be as pr

section 507. 

(c) DELEGATION OF DUTIES.—The President may not delegate or assi

duties of the President under this section. 

(d) RELATIONSHIP TO EXISTING LAW.—Nothing in this section shall b

construed to— 

(1) impair or otherwise affect the authority of the Director of 

Intelligence to protect intelligence sources and methods from 

unauthorized disclosure pursuant to section 103(c)(7) of this A

(2) supersede or otherwise affect the provisions of title V of th

(e) DEFINITION.—As used in this section, the term “appropriate comm

Congress” means the Committee on Foreign Relations and the Select 

on Intelligence of the Senate and the Committee on Foreign Relations 

Permanent Select Committee on Intelligence of the House of Represen

DETAIL OF INTELLIGENCE COMMUNITY PERSONNEL;

INTELLIGENCE COMMUNITY ASSIGNMENT PROGRAM

SEC. 113. [50 U.S.C. §404h] 

(a) DETAIL.—

(1) Notwithstanding any other provision of law, the head of a 

with an element in the intelligence community or the head of 

intelligence community agency or element may detail any em

within that department, agency, or element to serve in any pos
46

determine that such extension is in the public interest. 

(b) BENEFITS, ALLOWANCES, TRAVEL, INCENTIVES.—

(1) An employee detailed under subsection (a) may be author

benefit, allowance, travel, or incentive otherwise provided to 

staffing by the organization from which the employee is detai

(2) The head of an agency of an employee detailed under subs

may pay a lodging allowance for the employee subject to the 

conditions:

(A) The allowance shall be the lesser of the cost of th

or a maximum amount payable for the lodging as esta

jointly by the Director of National Intelligence and— 

(i) with respect to detailed employees of the D

of Defense, the Secretary of Defense; and 

(ii) with respect to detailed employees of othe

and departments, the head of such agency or 

(B) The detailed employee maintains a primary reside

employee’s immediate family in the local commuting 

parent agency duty station from which the employee 

commuted to such duty station before the detail. 

(C) The lodging is within a reasonable proximity of th

agency duty station. 

(D) The distance between the detailed employee’s par

duty station and the host agency duty station is greate

miles.

(E) The distance between the detailed employee’s pri

residence and the host agency duty station is 10 miles 

than the distance between such primary residence and 

employee’s parent duty station. 

(F) The rate of pay applicable to the detailed employe

exceed the rate of basic pay for grade GS–15 of the G

Schedule.
47

(1) The Director of National Intelligence shall submit to the 

congressional leadership on an annual basis, and to the congre

intelligence committees on the date each year provided in sec

intelligence report assessing the safety and security of the nuc

facilities and nuclear military forces in Russia. 

(2) Each such report shall include a discussion of the followin

(A) The ability of the Government of Russia to maint

nuclear military forces. 

(B) The security arrangements at civilian and military 

facilities in Russia. 

(C) The reliability of controls and safety systems at c

nuclear facilities in Russia. 

(D) The reliability of command and control systems a

procedures of the nuclear military forces in Russia. 

(3) Each such report shall be submitted in unclassified form, b

contain a classified annex. 

(b) ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY EMPL

(1) The Director of National Intelligence shall, on an annual b

submit to Congress a report on the employment of covered pe

within each element of the intelligence community for the pre

fiscal year. 

(2) Each such report shall include disaggregated data by categ

covered person from each element of the intelligence commun

following:

(A) Of all individuals employed in the element during 

year involved, the aggregate percentage of such indiv

are covered persons. 

(B) Of all individuals employed in the element during 

year involved at the levels referred to in clauses (i) an

percentage of covered persons employed at such leve

(i) Positions at levels 1 through 15 of the Gen

Schedule.

(ii) Positions at levels above GS–15. 

(C) Of all individuals hired by the element involved d

fiscal year involved, the percentage of such individua

covered persons. 
48

(A) racial and ethnic minorities; 

(B) women; and 

(C) individuals with disabilities. 

(c) ANNUAL REPORT ON THREAT OF ATTACK ON THE UNITED STATES 

WEAPONS OF MASS DESTRUCTION.—

(1) Not later each year than the date provided in section 507, t

of National Intelligence shall submit to the congressional com

specified in paragraph (3) a report assessing the following: 

(A) The current threat of attack on the United States u

ballistic missiles or cruise missiles. 

(B) The current threat of attack on the United States u

chemical, biological, or nuclear weapon delivered by 

other than a ballistic missile or cruise missile. 

(2) Each report under paragraph (1) shall be a national intellig

estimate, or have the formality of a national intelligence estim

(3) The congressional committees referred to in paragraph (1) 

following:

(A) The congressional intelligence committees. 

(B) The Committees on Foreign Relations and Armed 

of the Senate. 

(C) The Committees on International Relations and A

Services of the House of Representatives. 

(d) CONGRESSIONAL LEADERSHIP DEFINED.—In this section, the term 

“congressional leadership” means the Speaker and the minority leader 

House of Representatives and the majority leader and the minority lea

Senate.

ANNUAL REPORT ON IMPROVEMENT OF 

FINANCIAL STATEMENTS FOR AUDITING PURPOSES

SEC. 114A. [50 U.S.C. §404i–1] 

Not later each year than the date provided in section 507, the Director 

Intelligence, the Director of the Central Intelligence Agency, the Dire

National Security Agency, the Director of the Defense Intelligence Ag

the Director of the National Geospatial-Intelligence Agency shall each 

the congressional intelligence committees a report describing the activ
49

SEC. 116. [50 U.S.C. §404k] 

(a) IN GENERAL.—Notwithstanding any other provision of law, the D

National Intelligence may authorize travel on any common carrier wh

travel, in the discretion of the Director— 

(1) is consistent with intelligence community mission requirem

(2) is required for cover purposes, operational needs, or other 

circumstances necessary for the successful performance of an 

intelligence community mission. 

(b) AUTHORIZED DELEGATION OF DUTY.—The Director of National I

may only delegate the authority granted by this section to the Principa

Director of National Intelligence, or with respect to employees of the 

Intelligence Agency, to the Director of the Central Intelligence Agenc

POW/MIA ANALYTIC CAPABILITY

SEC. 117. [50 U.S.C. §404l] 

(a) REQUIREMENT.—

(1) The Director of National Intelligence shall, in consultation 

Secretary of Defense, establish and maintain in the intelligenc

community an analytic capability with responsibility for intel

support of the activities of the United States relating to individ

after December 31, 1990, are unaccounted for United States p

(2) The analytic capability maintained under paragraph (1) sh

known as the “POW/MIA analytic capability of the intelligen

community”. 

(b) UNACCOUNTED FOR UNITED STATES PERSONNEL.—In this section

“unaccounted for United States personnel” means the following: 

(1) Any missing person (as that term is defined in section 151

10, United States Code). 

(2) Any United States national who was killed while engaged 

activities on behalf of the United States and whose remains ha

been repatriated to the United States. 
50

committees concerning operations against terrorist financial networks

Each such report shall include with respect to the preceding six-month 

(1) the total number of asset seizures, designations, and other 

against individuals or entities found to have engaged in financ

of terrorism; 

(2) the total number of applications for asset seizure and desig

individuals or entities suspected of having engaged in financia

of terrorist activities that were granted, modified, or denied; 

(3) the total number of physical searches of offices, residence

financial records of individuals or entities suspected of having 

in financial support for terrorist activity; and 

(4) whether the financial intelligence information seized in th

has been shared on a full and timely basis with the all departm

agencies, and other entities of the United States Government i

intelligence activities participating in the Foreign Terrorist As

Tracking Center. 

(b) IMMEDIATE NOTIFICATION FOR EMERGENCY DESIGNATION.—In t

designation of an individual or entity, or the assets of an individual or 

having been found to have engaged in terrorist activities, the Secretary 

Treasury shall report such designation within 24 hours of such a desig

the appropriate congressional committees. 

(c) SUBMITTAL DATE OF REPORTS TO CONGRESSIONAL INTELLIGENC

COMMITTEES.—In the case of the reports required to be submitted un

subsection (a) to the congressional intelligence committees, the submi

for such reports shall be as provided in section 507. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this s

term “appropriate congressional committees” means the following: 

(1) The Permanent Select Committee on Intelligence, the Com

Appropriations, and the Committee on Financial Services of t

of Representatives. 

(2) The Select Committee on Intelligence, the Committee on 

Appropriations, and the Committee on Banking, Housing, and 

Affairs of the Senate. 
51

(1) There is a Director of the National Counterterrorism Cente

shall be the head of the National Counterterrorism Center, and 

be appointed by the President, by and with the advice and con

Senate.

(2) The Director of the National Counterterrorism Center may 

simultaneously serve in any other capacity in the executive br

(c) REPORTING.—

(1) The Director of the National Counterterrorism Center shal

the Director of National Intelligence with respect to matters d

paragraph (2) and the President with respect to matters describ

paragraph (3). 

(2) The matters described in this paragraph are as follows: 

(A) The budget and programs of the National Counte

Center.

(B) The activities of the Directorate of Intelligence of 

National Counterterrorism Center under subsection (h

(C) The conduct of intelligence operations implement

elements of the intelligence community; and 

(3) The matters described in this paragraph are the planning a

of joint counterterrorism operations (other than intelligence op

(d) PRIMARY MISSIONS.—The primary missions of the National 

Counterterrorism Center shall be as follows: 

(1) To serve as the primary organization in the United States 

Government for analyzing and integrating all intelligence pos

acquired by the United States Government pertaining to terror

counterterrorism, excepting intelligence pertaining exclusivel

domestic terrorists and domestic counterterrorism. 

(2) To conduct strategic operational planning for counterterro

activities, integrating all instruments of national power, includ

diplomatic, financial, military, intelligence, homeland security

enforcement activities within and among agencies. 

(3) To assign roles and responsibilities as part of its strategic 

planning duties to lead Departments or agencies, as appropria

counterterrorism activities that are consistent with applicable 

that support counterterrorism strategic operational plans, but s

direct the execution of any resulting operations. 
52

suspected terrorists and international terror groups, as well as 

strategies, capabilities, and networks of contacts and support. 

(e) DOMESTIC COUNTERTERRORISM INTELLIGENCE.—

(1) The Center may, consistent with applicable law, the direct

President, and the guidelines referred to in section 102A(b), r

intelligence pertaining exclusively to domestic counterterroris

any Federal, State, or local government or other source necess

fulfill its responsibilities and retain and disseminate such intel

(2) Any agency authorized to conduct counterterrorism activit

request information from the Center to assist it in its responsib

consistent with applicable law and the guidelines referred to i

102A(b).

(f) DUTIES AND RESPONSIBILITIES OF DIRECTOR.—

(1) The Director of the National Counterterrorism Center shal

(A) serve as the principal adviser to the Director of N

Intelligence on intelligence operations relating to 

counterterrorism; 

(B) provide strategic operational plans for the civilian 

military counterterrorism efforts of the United States 

Government and for the effective integration of count

intelligence and operations across agency boundaries

and outside the United States; 

(C) advise the Director of National Intelligence on the 

which the counterterrorism program recommendation

budget proposals of the departments, agencies, and el

the United States Government conform to the prioriti

established by the President; 

(D) disseminate terrorism information, including curr

terrorism threat analysis, to the President, the Vice Pr

Secretaries of State, Defense, and Homeland Security

Attorney General, the Director of the Central Intellige

Agency, and other officials of the executive branch as 

appropriate, and to the appropriate committees of Con

(E) support the Department of Justice and the Departm

Homeland Security, and other appropriate agencies, i

fulfillment of their responsibilities to disseminate terr
53

(F) develop a strategy for combining terrorist travel in

operations and law enforcement planning and operati

cohesive effort to intercept terrorists, find terrorist tra

facilitators, and constrain terrorist mobility; 

(G) have primary responsibility within the United Sta

Government for conducting net assessments of terrori

(H) consistent with priorities approved by the Preside

the Director of National Intelligence in establishing re

for the intelligence community for the collection of te

information; and 

(I) perform such other duties as the Director of Nation

Intelligence may prescribe or are prescribed by law. 

(2) Nothing in paragraph (1)(G) shall limit the authority of the 

departments and agencies of the United States to conduct net 

assessments. 

(g) LIMITATION.—The Director of the National Counterterrorism Cen

direct the execution of counterterrorism operations. 

(h) RESOLUTION OF DISPUTES.—The Director of National Intelligence 

resolve disagreements between the National Counterterrorism Center 

head of a department, agency, or element of the United States Govern

designations, assignments, plans, or responsibilities under this section

of such a department, agency, or element may appeal the resolution of 

disagreement by the Director of National Intelligence to the President

(i) DIRECTORATE OF INTELLIGENCE.—The Director of the National 

Counterterrorism Center shall establish and maintain within the Natio

Counterterrorism Center a Directorate of Intelligence which shall hav

responsibility within the United States Government for analysis of ter

terrorist organizations (except for purely domestic terrorism and dome

terrorist organizations) from all sources of intelligence, whether collec

or outside the United States. 

(j) DIRECTORATE OF STRATEGIC OPERATIONAL PLANNING.—

(1) The Director of the National Counterterrorism Center shal

and maintain within the National Counterterrorism Center a D

of Strategic Operational Planning which shall provide strategi

operational plans for counterterrorism operations conducted b

United States Government. 
54

each other department, agency, or element of the United State

Government relevant for monitoring the progress of such enti

implementing such plans. 

NATIONAL COUNTER PROLIFERATION CENTER

SEC. 119A. [50 U.S.C. §404o-1] 

(a) ESTABLISHMENT.—Not later than 18 months after the date of the e

of the National Security Intelligence Reform Act of 2004, the Preside

establish a National Counter Proliferation Center, taking into account 

appropriate government tools to prevent and halt the proliferation of w

mass destruction, their delivery systems, and related materials and tec

(b) MISSIONS AND OBJECTIVES.—In establishing the National Counte

Proliferation Center, the President shall address the following mission

objectives to prevent and halt the proliferation of weapons of mass de

their delivery systems, and related materials and technologies: 

(1) Establishing a primary organization within the United Stat

Government for analyzing and integrating all intelligence pos

acquired by the United States pertaining to proliferation. 

(2) Ensuring that appropriate agencies have full access to and 

source intelligence support needed to execute their counter pr

plans or activities, and perform independent, alternative analy

(3) Establishing a central repository on known and suspected 

proliferation activities, including the goals, strategies, capabil

networks, and any individuals, groups, or entities engaged in 

proliferation. 

(4) Disseminating proliferation information, including prolife

threats and analyses, to the President, to the appropriate depar

agencies, and to the appropriate committees of Congress. 

(5) Conducting net assessments and warnings about the prolif

weapons of mass destruction, their delivery systems, and relat

materials and technologies. 

(6) Coordinating counter proliferation plans and activities of t

departments and agencies of the United States Government to 

and halt the proliferation of weapons of mass destruction, thei

systems, and related materials and technologies. 
55

requirements do not materially improve the ability of the United State

Government to prevent and halt the proliferation of weapons of mass 

their delivery systems, and related materials and technologies. Such w

be made in writing to Congress and shall include a description of how 

missions and objectives in subsection (b) are being met. 

(d) REPORT TO CONGRESS.—

(1) Not later than nine months after the implementation of thi

President shall submit to Congress, in classified form if neces

findings and recommendations of the President’s Commission 

Weapons of Mass Destruction established by Executive Order 

February 2004, together with the views of the President regar

establishment of a National Counter Proliferation Center. 

(2) If the President decides not to exercise the waiver authorit

by subsection (c), the President shall submit to Congress from 

time updates and plans regarding the establishment of a Natio

Proliferation Center. 

(e) SENSE OF CONGRESS.—It is the sense of Congress that a central fe

counter proliferation activities, consistent with the President’s Prolifer

Security Initiative, should include the physical interdiction, by air, sea

weapons of mass destruction, their delivery systems, and related mate

technologies, and enhanced law enforcement activities to identify and 

proliferation networks, activities, organizations, and persons. 

NATIONAL INTELLIGENCE CENTERS

SEC. 119B. [50 U.S.C. §404o-2] 

(a) AUTHORITY TO ESTABLISH.—The Director of National Intelligenc

establish one or more national intelligence centers to address intellige

priorities, including, but not limited to, regional issues. 

(b) RESOURCES OF DIRECTORS OF CENTERS.—

(1) The Director of National Intelligence shall ensure that the 

each national intelligence center under subsection (a) has app

authority, direction, and control of such center, and of the per

assigned to such center, to carry out the assigned mission of s
56

information in order to facilitate the mission of such center. 

(d) MISSION OF CENTERS.—Pursuant to the direction of the Director o

Intelligence, each national intelligence center under subsection (a) ma

area of intelligence responsibility assigned to such center— 

(1) have primary responsibility for providing all-source analy

intelligence based upon intelligence gathered both domestical

abroad;

(2) have primary responsibility for identifying and proposing 

Director of National Intelligence intelligence collection and a

production requirements; and 

(3) perform such other duties as the Director of National Intel

shall specify. 

(e) REVIEW AND MODIFICATION OF CENTERS.—The Director of Natio

Intelligence shall determine on a regular basis whether— 

(1) the area of intelligence responsibility assigned to each nat

intelligence center under subsection (a) continues to meet app

intelligence priorities; and 

(2) the staffing and management of such center remains appro

the accomplishment of the mission of such center. 

(f) TERMINATION.—The Director of National Intelligence may termin

national intelligence center under subsection (a). 

(g) SEPARATE BUDGET ACCOUNT.—The Director of National Intellig

as appropriate, include in the National Intelligence Program budget a 

line item for each national intelligence center under subsection (a). 

TITLE II—THE DEPARTMENT OF DEFENSE 

DEPARTMENT OF DEFENSE

SEC. 201. [50 U.S.C. §408] 

 (d) Except to the extent inconsistent with the provisions of this Act, t

provisions of title IV of the Revised Statutes as now of hereafter amen

be applicable to the Department of Defense. 
57

under the control or supervision of the Department of the Army. 

(b) The term “Department of the Navy” as used in this Act shall be co

mean the Department of the Navy at the seat of government; the head

United States Marine Corps; the entire operating forces of the United 

Navy, including naval aviation, and of the United States Marine Corp

the reserve components of such forces; all field activities, headquarter

bases, installations, activities and functions under the control or super

the Department of the Navy; and the United States Coast Guard when 

as a part of the Navy pursuant to law. 

(c) The term “Department of the Air Force” as used in this Act shall b

to mean the Department of the Air Force at the seat of government an

headquarters, forces, reserve components, installations, activities, and 

under the control or supervision of the Department of the Air Force. 

TITLE III—MISCELLANEOUS 

NATIONAL SECURITY AGENCY VOLUNTARY SEPARATIO

SEC. 301. 50 U.S.C. §409a 

(a) SHORT TITLE.—This section may be cited as the “National Securit

Voluntary Separation Act”. 

(b) DEFINITIONS.—For purposes of this section—

(1) the term “Director” means the Director of the National Se

Agency; and 

(2) the term “employee” means an employee of the National S

Agency, serving under an appointment without time limitation

been currently employed by the National Security Agency for 

continuous period of at least 12 months prior to the effective d

program established under subsection (c), except that such ter

include—

(A) a reemployed annuitant under subchapter III of ch

chapter 84 of title 5, United States Code, or another re

system for employees of the Government; or 

(B) an employee having a disability on the basis of w

employee is or would be eligible for disability retirem

any of the retirement systems referred to in subparagr
58

(2) has at least 25 years of service, may, pursuant to regulatio

promulgated under this section, apply and be retired from the 

Security Agency and receive benefits in accordance with chap

84 of title 5, United States Code, if the employee has not less 

years of service with the National Security Agency. 

(e) AMOUNT OF SEPARATION PAY AND TREATMENT FOR OTHER PURP

(1) AMOUNT.—Separation pay shall be paid in a lump sum an

equal to the lesser of— 

(A) an amount equal to the amount the employee wou

entitled to receive under section 5595(c) of title 

5, United States Code, if the employee were entitled t

under such section; or 

(B) $25,000. 

(2) TREATMENT.—Separation pay shall not— 

(A) be a basis for payment, and shall not be included 

computation, of any other type of Government benefi

(B) be taken into account for the purpose of determin

amount of any severance pay to which an individual m

entitled under section 5595 of title 5, United States C

on any other separation. 

 (f ) REEMPLOYMENT RESTRICTIONS.—An employee who receives se

pay under such program may not be reemployed by the National Secu

for the 12-month period beginning on the effective date of the employ

separation. An employee who receives separation pay under this secti

basis of a separation occurring on or after the date of the enactment of 

Federal Workforce Restructuring Act of 1994 (Public Law 103–236; 

111) and accepts employment with the Government of the United Stat

years after the date of the separation on which payment of the separati

based shall be required to repay the entire amount of the separation pa

National Security Agency. If the employment is with an Executive ag

defined by section 105 of title 5, United States Code), the Director of 

of Personnel Management may, at the request of the head of the agenc

the repayment if the individual involved possesses unique abilities and 

qualified applicant available for the position. If the employment is wit

in the legislative branch, the head of the entity or the appointing offici

waive the repayment if the individual involved possesses unique abilit
59

section unless the employee agrees that the employee will not

(A) act as agent or attorney for, or otherwise represen

person (except the United States) in any 

formal or informal appearance before, or, with the int

influence, make any oral or written communication o

any other person (except the United States) to the Nat

Security Agency; or 

(B) participate in any manner in the award, modificat

extension of any contract for property or services with 

National Security Agency, during the 12-month perio

on the effective date of the employee’s separation fro

(2) PENALTY.—An employee who violates an agreement und

subsection shall be liable to the United States in the amount o

separation pay paid to the employee pursuant to this section m

by the proportion of the 12-month period during which the em

in violation of the agreement. 

(h) LIMITATIONS.—Under this program, early retirement and separati

be offered only— 

(1) with the prior approval of the Director; 

(2) for the period specified by the Director; and 

(3) to employees within such occupational groups or geograph

locations, or subject to such other similar limitations or condi

Director may require. 

(i) REGULATIONS.—Before an employee may be eligible for early reti

separation pay, or both, under this section, the Director shall prescribe 

regulations as may be necessary to carry out this section. 

(j) NOTIFICATION OF EXERCISE OF AUTHORITY.—The Director may n

offer of early retirement, separation pay, or both, pursuant to this secti

days after submitting to the congressional intelligence committees a re

describing the occupational groups or geographic locations, or other s

limitations or conditions, required by the Director under subsection (h

includes the proposed regulations issued pursuant to subsection (i). 

(k) REMITTANCE OF FUNDS.—In addition to any other payment that is 

be made under subchapter III of chapter 83 or chapter 84 of title 5, Un

Code, the National Security Agency shall remit to the Office of Perso

Management for deposit in the Treasury of the United States to the cre
60

AUTHORITY OF FEDERAL BUREAU OF INVESTIGATION 

TO AWARD PERSONAL SERVICES CONTRACTS

SEC. 302. [50 U.S.C. §409b] 

(a) IN GENERAL.—The Director of the Federal Bureau of Investigatio

into personal services contracts if the personal services to be provided 

contracts directly support the intelligence or counterintelligence missi

Federal Bureau of Investigation. 

(b) INAPPLICABILITY OF CERTAIN REQUIREMENTS.—Contracts under 

(a) shall not be subject to the annuity offset requirements of sections 8

8468 of title 5, United States Code, the requirements of section 3109 o

United States Code, or any law or regulation requiring competitive co

(c) CONTRACT TO BE APPROPRIATE MEANS OF SECURING SERVICES.—

Contracting Officer of the Federal Bureau of Investigation shall ensur

personal services contract entered into by the Director under this secti

appropriate means of securing the services to be provided under such 

ADVISORY COMMITTEES AND PERSONNEL

SEC. 303. [50 U.S.C. §405] 

(a) The Director of the Federal Emergency Management Agency, the 

National Intelligence, and the National Security Council, acting throu

Executive Secretary, are authorized to appoint such advisory committ

employ, consistent with other provisions of this Act, such part-time ad

personnel as they may deem necessary in carrying out their respective 

and the functions of agencies under their control. Persons holding oth

positions under the United States for which they receive compensation

serving as members of such committees, shall receive no additional 

compensation for such service. Retired members of the uniformed ser

employed by the Director of National Intelligence who hold no other 

position under the United States for which they receive compensation

members of such committees and other part-time advisory personnel s

employed may serve without compensation or may receive compensa

daily rate not to exceed the daily equivalent of the rate of pay in effec

GS–18 of the General Schedule established by section 5332 of title 5, 

States Code, as determined by the appointing authority. 
61

which directly involves a department or agency which such person is 

in which such department or agency is directly interested. 

AUTHORIZATION FOR APPROPRIATIONS

SEC. 307. [50 U.S.C. §411] 

There are hereby authorized to be appropriated such sums as may be n

and appropriate to carry out the provisions and purposes of this Act (o

the provisions and purposes of sections 102, 103, 104, 105 and titles V

VII).

DEFINITIONS

SEC. 308. [50 U.S.C. §410] 

(a) As used in this Act, the term “function” includes functions, power

duties.

(b) As used in this Act, the term, “Department of Defense” shall be de

include the military departments of the Army, the Navy, and the Air F

all agencies created under title II of this Act. 

SEPARABILITY

SEC. 309. [50 U.S.C. §401 note] 

If any provision of this Act or the application thereof to any person or 

circumstances is held invalid, the validity of the remainder of the Act 

application of such provision to other persons and circumstances shall 

affected thereby. 

EFFECTIVE DATE

SEC. 310. [50 U.S.C. §401 note] 

(a) The first sentence of section 202 (a) and sections 1, 2, 307, 308, 30

shall take effect immediately upon the enactment of this Act. 

(b) Except as provided in subsection (a), the provisions of this Act sha

effect on whichever of the following days is the earlier: The day after 
62

All laws, orders, and regulations inconsistent with the provisions of th

repealed insofar as they are inconsistent with the powers, duties, and 

responsibilities enacted hereby: Provided, That the powers, duties, an

responsibilities of the Secretary of Defense under this title shall be adm

in conformance with the policy and requirements for administration o

and fiscal matters in the Government generally, including accounting 

financial reporting, and that nothing in this title shall be construed as e

or modifying the powers, duties, and responsibilities of any other depa

agency, or officer of the Government in connection with such matters

such department, agency, or officer shall exercise any such powers, du

responsibilities in a manner that will render ineffective the provisions 

TITLE V—ACCOUNTABILITY FOR INTELLIGENCE ACT

GENERAL CONGRESSIONAL OVERSIGHT PROVISIONS

SEC. 501. [50 U.S.C. §413] 

(a)(1)The President shall ensure that the congressional intelligence co

are kept fully and currently informed of the intelligence activities of th

States, including any significant anticipated intelligence activity as req

this title. 

(2) Nothing in this title shall be construed as requiring the app

the congressional intelligence committees as a condition prec

initiation of any significant anticipated intelligence activity. 

(b) The President shall ensure that any illegal intelligence activity is r

promptly to the congressional intelligence committees, as well as any 

action that has been taken or is planned in connection with such illega

(c) The President and the congressional intelligence committees shall 

establish such procedures as may be necessary to carry out the provisi

title.

(d) The House of Representatives and the Senate shall each establish, 

resolution of such House, procedures to protect from unauthorized dis

classified information, and all information relating to intelligence sour

methods, that is furnished to the congressional intelligence committee

Members of Congress under this title. Such procedures shall be establ

consultation with the Director of National Intelligence. In accordance 
63

information to the congressional intelligence committees would const

unauthorized disclosure of classified information or information relati

intelligence sources and methods. 

(f) As used in this section, the term “intelligence activities” includes c

actions as defined in section 503(e), and includes financial intelligenc

REPORTING ON INTELLIGENCE ACTIVITIES OTHER THAN COVERT 

SEC. 502. [50 U.S.C. §413a] 

(a) IN GENERAL.—To the extent consistent with due regard for the pro

from unauthorized disclosure of classified information relating to sens

intelligence sources and methods or other exceptionally sensitive matt

Director of National Intelligence and the heads of all departments, age

other entities of the United States Government involved in intelligenc

shall—

(1) keep the congressional intelligence committees fully and c

informed of all intelligence activities, other than a covert actio

defined in section 503(e)), which are the responsibility of, are 

by, or are carried out for or on behalf of, any department, agen

entity of the United States Government, including any signific

anticipated intelligence activity and any significant intelligenc

and

(2) furnish the congressional intelligence committees any info

material concerning intelligence activities, other than covert a

which is within their custody or control, and which is requeste

of the congressional intelligence committees in order to carry 

authorized responsibilities. 

(b) FORM AND CONTENTS OF CERTAIN REPORTS.—Any report relatin

significant anticipated intelligence activity or a significant intelligence 

that is submitted to the congressional intelligence committees for purp

subsection (a)(1) shall be in writing, and shall contain the following: 

(1) A concise statement of any facts pertinent to such report. 

(2) An explanation of the significance of the intelligence activ

intelligence failure covered by such report. 

(c) STANDARDS AND PROCEDURES FOR CERTAIN REPORTS.—The Dir

National Intelligence, in consultation with the heads of the departmen
64

(a) The President may not authorize the conduct of a covert action by 

departments, agencies, or entities of the United States Government un

President determines such an action is necessary to support identifiabl

policy objectives of the United States and is important to the national 

the United States, which determination shall be set forth in a finding t

meet each of the following conditions:

(1) Each finding shall be in writing, unless immediate action b

United States is required and time does not permit the prepara

written finding, in which case a written record of the Presiden

shall be contemporaneously made and shall be reduced to a w

finding as soon as possible but in no event more than 48 hour

decision is made. 

(2) Except as permitted by paragraph (1), a finding may not a

sanction a covert action, or any aspect of any such action, wh

has occurred. 

(3) Each finding shall specify each department, agency, or ent

United States Government authorized to fund or otherwise pa

any significant way in such action. Any employee, contractor

agent of a department, agency, or entity of the United States G

other than the Central Intelligence Agency directed to particip

way in a covert action shall be subject either to the policies an

regulations of the Central Intelligence Agency, or to written p

regulations adopted by such department, agency, or entity, to 

such participation. 

(4) Each finding shall specify whether it is contemplated that 

party which is not an element of, or a contractor or contract ag

United States Government, or is not otherwise subject to Unit

Government policies and regulations, will be used to fund or 

participate in any significant way in the covert action concern

used to undertake the covert action concerned on behalf of the 

States.

(5) A finding may not authorize any action that would violate 

Constitution or any statute of the United States. 

(b) To the extent consistent with due regard for the protection from un

disclosure of classified information relating to sensitive intelligence so

methods or other exceptionally sensitive matters, the Director of Natio
65

failures; and

(2) shall furnish to the congressional intelligence committees 

information or material concerning covert actions which is in 

possession, custody, or control of any department, agency, or 

the United States Government and which is requested by eithe

congressional intelligence committees in order to carry out its 

responsibilities. 

(c)(1) The President shall ensure that any finding approved pursuant t

subsection (a) shall be reported to the congressional intelligence comm

soon as possible after such approval and before the initiation of the co

authorized by the finding, except as otherwise provided in paragraph (

paragraph (3). 

(2) If the President determines that it is essential to limit acce

finding to meet extraordinary circumstances affecting vital in

the United States, the finding may be reported to the chairmen 

ranking minority members of the congressional intelligence c

the Speaker and minority leader of the House of Representativ

majority and minority leaders of the Senate, and such other m

members of the congressional leadership as may be included b

President.

(3) Whenever a finding is not reported pursuant to paragraph 

this section, the President shall fully inform the congressional 

intelligence committees in a timely fashion and shall provide 

of the reasons for not giving prior notice. 

(4) In a case under paragraph (1), (2), or (3), a copy of the fin

signed by the President, shall be provided to the chairman of e

congressional intelligence committee. When access to a findin

to the Members of Congress specified in paragraph (2), a state

the reasons for limiting such access shall also be provided. 

(d) The President shall ensure that the congressional intelligence comm

if applicable, the Members of Congress specified in subsection (c)(2), 

notified of any significant change in a previously approved covert acti

significant undertaking pursuant to a previously approved finding, in t

manner as findings are reported pursuant to subsection (c). 

(e) As used in this title, the term “covert action” means an activity or 

the United States Government to influence political, economic, or mil
66

programs, or administrative activities; 

(2) traditional diplomatic or military activities or routine supp

activities;

(3) traditional law enforcement activities conducted by United 

Government law enforcement agencies or routine support to s

activities; or 

(4) activities to provide routine support to the overt activities 

activities described in paragraph (1), (2), or (3)) of other Unit

Government agencies abroad. 

(f) No covert action may be conducted which is intended to influence 

United States political processes, public opinion, policies, or media. 

FUNDING OF INTELLIGENCE ACTIVITIES

SEC. 504. [50 U.S.C. §414] 

(a) Appropriated funds available to an intelligence agency may be obl

expended for an intelligence or intelligence-related activity only if— 

(1) those funds were specifically authorized by the Congress f

such activities; or 

(2) in the case of funds from the Reserve for Contingencies of 

Central Intelligence Agency and consistent with the provision

503 of this Act concerning any significant anticipated intellig

activity, the Director of the Central Intelligence Agency has n

appropriate congressional committees of the intent to make su

available for such activity; or 

(3) in the case of funds specifically authorized by the Congres

different activity— 

(A) the activity to be funded is a higher priority intell

intelligence-related activity; 

(B) the need for funds for such activity is based on un

requirements; and 

(C) the Director of National Intelligence, the Secretar

Defense, or the Attorney General, as appropriate, has 

appropriate congressional committees of the intent to 

funds available for such activity; 
67

(c) No funds appropriated for, or otherwise available to, any departme

or entity of the United States Government may be expended, or may b

to be expended, for any covert action, as defined in section 503(e), un

until a Presidential finding required by subsection (a) of section 503 h

signed or otherwise issued in accordance with that subsection. 

(d)(1) Except as otherwise specifically provided by law, funds availab

intelligence agency that are not appropriated funds may be obligated o

for an intelligence or intelligence-related activity only if those funds a

activities reported to the appropriate congressional committees pursua

procedures which identify— 

(A) the types of activities for which nonappropriated 

be expended; and 

(B) the circumstances under which an activity must b

as a significant anticipated intelligence activity before 

can be expended. 

(2) Procedures for purposes of paragraph (1) shall be jointly a

by the congressional intelligence committees and, as appropri

Director of National Intelligence or the Secretary of Defense. 

(e) As used in this section— 

(1) the term “intelligence agency” means any department, age

other entity of the United States involved in intelligence or in

related activities; 

(2) the term “appropriate congressional committees” means th

Permanent Select Committee on Intelligence and the Commit

Appropriations of the House of Representatives and the Selec

Committee on Intelligence and the Committee on Appropriati

Senate; and 

(3) the term “specifically authorized by the Congress” means 

(A) the activity and the amount of funds proposed to 

that activity were identified in a formal budget reques

Congress, but funds shall be deemed to be specifically 

authorized for that activity only to the extent that the 

both authorized the funds to be appropriated for that a

appropriated the funds for that activity; or 
68

SEC. 505. [50 U.S.C. §415] 

(a)(1) The transfer of a defense article or defense service, or the antici

transfer in any fiscal year of any aggregation of defense articles or def

services, exceeding $1,000,000 in value by an intelligence agency to a 

outside that agency shall be considered a significant anticipated intelli

activity for the purpose of this title. 

(2) Paragraph (1) does not apply if— 

(A) the transfer is being made to a department, agenc

entity of the United States (so long as there will not b

subsequent retransfer of the defense articles or defens

outside the United States Government in conjunction 

intelligence or intelligence-related activity); or 

(B) the transfer— 

(i) is being made pursuant to authorities conta

part II of the Foreign Assistance Act of 1961, 

Export Control Act, title 10 of the United Sta

(including a law enacted pursuant to section 7

that title), or the Federal Property and Admin

Services Act of 1949, and 

(ii) is not being made in conjunction with an 

or intelligence-related activity. 

(3) An intelligence agency may not transfer any defense articl

defense services outside the agency in conjunction with any in

or intelligence-related activity for which funds were denied by 

Congress.

(b) As used in this section— 

(1) the term “intelligence agency” means any department, age

other entity of the United States involved in intelligence or in

related activities; 

(2) the terms “defense articles” and “defense services” mean t

the United States Munitions List pursuant to section 38 of the 

Export Control Act (22 CFR part 121); 

(3) the term “transfer” means— 

(A) in the case of defense articles, the transfer of poss

those articles; and 
69

modifications made by or on behalf of the Go

or

(ii) the replacement cost; and 

(B) in the case of defense services, the full cost to the 

Government of providing the services. 

SPECIFICITY OF NATIONAL INTELLIGENCE PROGRAM BUD

AMOUNTS FOR COUNTERTERRORISM, COUNTERPROLIFERA

COUNTERNARCOTICS, AND COUNTERINTELLIGENCE

SEC. 506. [50 U.S.C. §415a] 

(a) IN GENERAL.—The budget justification materials submitted to Con

support of the budget of the President for a fiscal year that is submitte

Congress under section 1105(a) of title 31, United States Code, shall s

separately the aggregate amount requested for that fiscal year for the N

Intelligence Program for each of the following: 

(1) Counterterrorism. 

(2) Counterproliferation. 

(3) Counternarcotics. 

(4) Counterintelligence. 

(b) ELECTION OF CLASSIFIED OR UNCLASSIFIED FORM.—

Amounts set forth under subsection (a) may be set forth in unclassifie

classified form, at the election of the Director of National Intelligence

BUDGET TREATMENT OF COSTS OF ACQUISITION OF 

MAJOR SYSTEMS BY THE INTELLIGENCE COMMUNITY

SEC. 506A. [50 U.S.C. §415a-1] 

(a) INDEPENDENT COST ESTIMATES.—

(1) The Director of National Intelligence shall, in consultation 

head of each element of the intelligence community concerne

an independent cost estimate of the full life-cycle cost of deve

procurement, and operation of each major system to be acquir

intelligence community. 

(2) Each independent cost estimate for a major system shall, t

maximum extent practicable, specify the amount required to b
70

President for the first fiscal year in which appropriated funds 

anticipated to be obligated for the development or procuremen

major system. 

(B) In the case of a program of the intelligence comm

which an independent cost estimate was not previous

to be prepared under this section, including a program 

development or procurement commenced before the d

enactment of the Intelligence Authorization Act for F

2004, if the aggregate future costs of development or 

procurement (or any combination of such activities) o

program will exceed $500,000,000 (in current fiscal y

dollars), the program shall qualify as a major system 

purposes of this section, and an independent cost estim

such major system shall be prepared before the submi

Congress of the budget of the President for the first fi

thereafter in which appropriated funds are anticipated 

obligated for such major system. 

(4) The independent cost estimate for a major system shall be 

upon—

(A) the completion of any preliminary design review 

with the major system; 

(B) any significant modification to the anticipated des

major system; or 

(C) any change in circumstances that renders the curr

independent cost estimate for the major system inaccu

(5) Any update of an independent cost estimate for a major sy

paragraph (4) shall meet all requirements for independent cos

under this section, and shall be treated as the most current ind

cost estimate for the major system until further updated under 

paragraph.

(b) PREPARATION OF INDEPENDENT COST ESTIMATES.—

(1) The Director shall establish within the Office of the Direc

National Intelligence an office which shall be responsible for 

independent cost estimates, and any updates thereof, under su

(a), unless a designation is made under paragraph (2). 
71

(c) UTILIZATION IN BUDGETS OF PRESIDENT.—

(1) If the budget of the President requests appropriations for a

year for the development or procurement of a major system b

intelligence community, the President shall, subject to paragra

request in such budget an amount of appropriations for the de

or procurement, as the case may be, of the major system that i

equivalent to the amount of appropriations identified in the m

independent cost estimate for the major system for obligation 

fiscal year for which appropriations are requested for the majo

such budget. 

(2) If the amount of appropriations requested in the budget of 

President for the development or procurement of a major syst

than the amount of appropriations identified in the most curre

independent cost estimate for the major system for obligation 

fiscal year for which appropriations are requested for the majo

such budget, the President shall include in the budget justifica

materials submitted to Congress in support of such budget— 

(A) an explanation for the difference between the amo

appropriations requested and the amount of appropria

identified in the most current independent cost estima

(B) a description of the importance of the major syste

national security; 

(C) an assessment of the consequences for the fundin

programs of the National Foreign Intelligence Progra

fiscal years if the most current independent cost estim

major system is accurate and additional appropriation

required in future fiscal years to ensure the continued 

development or procurement of the major system, inc

consequences of such funding shortfalls on the major 

all other programs of the National Foreign Intelligenc

and

(D) such other information on the funding of the majo

the President considers appropriate. 

(d) INCLUSION OF ESTIMATES IN BUDGET JUSTIFICATION MATERIALS

budget justification materials submitted to Congress in support of the 

the President shall include the most current independent cost estimate 
72

(2) The term independent cost estimate means a pragmatic 

analysis, assessment, and quantification of all costs and risks 

with the acquisition of a major system, which shall be based o

programmatic and technical specifications provided by the of

the element of the intelligence community with primary respo

for the development, procurement, or operation of the major s

(3) The term “major system” means any significant program o

element of the intelligence community with projected total de

and procurement costs exceeding $500,000,000 (in current fis

dollars), which costs shall include all end-to-end program cos

including costs associated with the development and procurem

program and any other costs associated with the development 

procurement of systems required to support or utilize the prog

DATE OF SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL R

TO THE CONGRESSIONAL INTELLIGENCE COMMITTEES

SEC. 507. [50 U.S.C. §415b] 

(a) ANNUAL REPORTS.—

(1) The date for the submittal to the congressional intelligence 

committees of the following annual reports shall be the date e

provided in subsection (c)(1)(A): 

(A) The annual report on intelligence required by sec

(B) The annual report on intelligence provided to the 

Nations required by section 112(b)(1). 

(C) The annual report on the protection of the identiti

agents required by section 603. 

(D) The annual report of the Inspectors Generals of th

intelligence community on proposed resources and ac

their offices required by section 8H(g) of the Inspecto

Act of 1978. 

(E) The annual report on the acquisition of technolog

weapons of mass destruction and advanced conventio

munitions required by section 721 of the Intelligence 

Authorization Act for Fiscal Year 1997 (Public Law 

U.S.C. §2366). 
73

U.S.C. App. §2170b(b)). 

(H) The annual report on certifications for immunity 

interdiction of aircraft engaged in illicit drug trafficki

by section 1012(c)(2) of the National Defense Author

for Fiscal Year 1995 (22 U.S.C. §2291–4(c)(2)). 

(I) The annual report on activities under the David L. 

National Security Education Act of 1991 (title VIII of 

Law 102–183; 50 U.S.C. §1901 et seq.) required by s

806(a) of that Act (50 U.S.C. §1906(a)). 

(J) The annual report on hiring and retention of minor

employees in the intelligence community required by 

114(c).

(2) The date for the submittal to the congressional intelligence 

committees of the following annual reports shall be the date e

provided in subsection (c)(1)(B): 

(A) The annual report on the safety and security of Ru

nuclear facilities and nuclear military forces required 

114(a).

(B) The annual report on the threat of attack on the U

from weapons of mass destruction required by section 

(C) The annual report on improvements of the financi

statements of the intelligence community for auditing 

required by section 114A. 

(D) The annual report on counterdrug intelligence ma

required by section 826 of the Intelligence Authorizat

Fiscal Year 2003. 

(b) SEMIANNUAL REPORTS.—The dates for the submittal to the congr

intelligence committees of the following semiannual reports shall be t

each year provided in subsection (c)(2): 

(1) The semiannual reports on the Office of the Inspector Gen

Central Intelligence Agency required by section 17(d)(1) of th

Intelligence Agency Act of 1949 (50 U.S.C. §403q(d)(1)). 

(2) The semiannual reports on decisions not to prosecute certa

violations of law under the Classified Information Procedures 

U.S.C. App.) as required by section 13 of that Act. 
74

counterintelligence purposes required by section 624(h)(2) of 

Credit Reporting Act (15 U.S.C. §1681u(h)(2)). 

(5) The semiannual provision of information on requests for f

information for foreign counterintelligence purposes required 

1114(a)(5)(C) of the Right to Financial Privacy Act of 1978 (

§3414(a)(5)(C)). 

(6) The semiannual report on financial intelligence on terroris

required by section 118. 

(c) SUBMITTAL DATES FOR REPORTS.—

(1)(A) Except as provided in subsection (d), each annual repo

subsection (a)(1) shall be submitted not later than February 1. 

(B) Except as provided in subsection (d), each annual 

listed in subsection (a)(2) shall be submitted not later 

December 1. 

(2) Except as provided in subsection (d), each semiannual rep

subsection (b) shall be submitted not later than February 1 and 

(d) POSTPONEMENT OF SUBMITTAL.—

(1) Subject to paragraph (3), the date for the submittal of— 

(A) an annual report listed in subsection (a)(1) may b

until March 1; 

(B) an annual report listed in subsection (a)(2) may b

until January 1; and 

(C) a semiannual report listed in subsection (b) may b

postponed until March 1 or September 1, as the case m

the official required to submit such report submits to 

congressional intelligence committees a written notifi

such postponement. 

(2)(A) Notwithstanding any other provision of law and subjec

paragraph (3), the date for the submittal to the congressional i

committees of any report described in subparagraph (B) may 

postponed by not more than 30 days from the date otherwise s

the provision of law for the submittal of such report if the offi

required to submit such report submits to the congressional in

committees a written notification of such postponement. 

(B) A report described in this subparagraph is any rep

intelligence or intelligence-related activities of the Un
75

intelligence committees a written certification that preparation 

submittal of such report at such time will impede the work of 

employees of the intelligence community in a manner that wi

detrimental to the national security of the United States. 

(B) A certification with respect to a report under subp

(A) shall include a proposed submittal date for such r

such report shall be submitted not later than that date. 

TITLE VI—PROTECTION OF CERTAIN 

NATIONAL SECURITY INFORMATION 

PROTECTION OF IDENTITIES OF CERTAIN UNITED STATES UNDE

INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND SOU

SEC. 601. [50 U.S.C. §421] 

(a) Whoever, having or having had authorized access to classified info

that identifies a covert agent, intentionally discloses any information i

such covert agent to any individual not authorized to receive classified 

information, knowing that the information disclosed so identifies such 

agent and that the United States is taking affirmative measures to conc

covert agent’s intelligence relationship to the United States, shall be f

title 18, United States Code, or imprisoned not more than ten years, or 

(b) Whoever, as a result of having authorized access to classified info

learns the identity of a covert agent and intentionally discloses any inf

identifying such covert agent to any individual not authorized to recei

classified information, knowing that the information disclosed so iden

covert agent and that the United States is taking affirmative measures 

such covert agent’s intelligence relationship to the United States, shal

under title 18, United States Code, or imprisoned not more than five y

both.

(c) Whoever, in the course of a pattern of activities intended to identif

expose covert agents and with reason to believe that such activities wo

or impede the foreign intelligence activities of the United States, discl

information that identifies an individual as a covert agent to any indiv

authorized to receive classified information, knowing that the informa

disclosed so identifies such individual and that the United States is tak
76

DEFENSES AND EXCEPTIONS

SEC. 602. [50 U.S.C. §422] 

(a) It is a defense to a prosecution under section 601 that before the co

of the offense with which the defendant is charged, the United States h

publicly acknowledged or revealed the intelligence relationship to the 

States of the individual the disclosure of whose intelligence relationsh

United States is the basis for the prosecution. 

(b)(1) Subject to paragraph (2), no person other than a person commit

offense under section 601 shall be subject to prosecution under such s

virtue of section 2 or 4 of title 18, United States Code, or shall be subj

prosecution for conspiracy to commit an offense under such section. 

(2) Paragraph (1) shall not apply (A) in the case of a person w

the course of a pattern of activities intended to identify and ex

agents and with reason to believe that such activities would im

impede the foreign intelligence activities of the United States

the case of a person who has authorized access to classified in

(c) It shall not be an offense under section 601 to transmit information 

in such section directly to either congressional intelligence committee

(d) It shall not be an offense under section 601 for an individual to dis

information that solely identifies himself as a covert agent. 

REPORT

SEC. 603. [50 U.S.C. §423] 

(a) The President, after receiving information from the Director of Na

Intelligence, shall submit to the congressional intelligence committees 

report on measures to protect the identities of covert agents, and on an

matter relevant to the protection of the identities of covert agents. The 

the submittal of the report shall be the date provided in section 507. 

(b) The report described in subsection (a) shall be exempt from any re

for publication or disclosure. 
77

(as defined in section 101(a)(20) of the Immigration and Nationality A

PROVIDING INFORMATION TO CONGRESS

SEC. 605. [50 U.S.C. §425] 

Nothing in this title may be construed as authority to withhold inform

the Congress or from a committee of either House of Congress. 

DEFINITIONS

SEC. 606. [50 U.S.C. §426] 

For the purposes of this title:

(1) The term “classified information” means information or m

designated and clearly marked or clearly represented, pursuan

provisions of a statute or Executive order (or a regulation or o

pursuant to a statute or Executive order), as requiring a specif

protection against unauthorized disclosure for reasons of natio

security. 

(2) The term “authorized”, when used with respect to access t

information, means having authority, right, or permission pur

provisions of a statute, Executive order, directive of the head 

department or agency engaged in foreign intelligence or 

counterintelligence activities, order of any United States cour

provisions of any Rule of the House of Representatives or res

the Senate which assigns responsibility within the respective H

Congress for the oversight of intelligence activities. 

(3) The term “disclose” means to communicate, provide, impa

transmit, transfer, convey, publish, or otherwise make availab

(4) The term “covert agent” means— 

(A) a present or retired officer or employee of an inte

agency or a present or retired member of the Armed F

assigned to duty with an intelligence agency— 

(i) whose identity as such an officer, employe

member is classified information, and 
78

agent of, or informant or source of operationa

assistance to, an intelligence agency, or 

(ii) who is at the time of the disclosure acting 

of, or informant to, the foreign counterintellig

foreign counterterrorism components of the F

Bureau of Investigation; or 

(C) an individual, other than a United States citizen, w

or present intelligence relationship to the United State

classified information and who is a present or former 

a present or former informant or source of operationa

to, an intelligence agency. 

(5) The term “intelligence agency” means the Central Intellig

Agency, a foreign intelligence component of the Department 

or the foreign counterintelligence or foreign counterterrorism 

components of the Federal Bureau of Investigation. 

(6) The term “informant” means any individual who furnishes 

information to an intelligence agency in the course of a confid

relationship protecting the identity of such individual from pu

disclosure.

(7) The terms “officer” and “employee” have the meanings gi

terms by section 2104 and 2105, respectively, of title 5, Unite

Code.

(8) The term “Armed Forces” means the Army, Navy, Air Fo

Corps, and Coast Guard. 

(9) The term “United States”, when used in a geographic sens

areas under the territorial sovereignty of the United States and 

Territory of the Pacific Islands. 

(10) The term “pattern of activities” requires a series of acts w

common purpose or objective. 
79

Director of National Intelligence, may exempt operational files of the 

Intelligence Agency from the provisions of section 552 of title 5, Unit

Code (Freedom of Information Act), which require publication or disc

search or review in connection therewith. 

(b) In this section, the term “operational files” means— 

(1) files of the Directorate of Operations which document the 

foreign intelligence or counterintelligence operations or intell

security liaison arrangements or information exchanges with f

governments or their intelligence or security services; 

(2) files of the Directorate for Science and Technology which 

the means by which foreign intelligence or counterintelligenc

collected through scientific and technical systems; and 

(3) files of the Office of Personnel Security which document 

investigations conducted to determine the suitability of potent

intelligence or counterintelligence sources; except that files w

sole repository of disseminated intelligence are not operationa

(c) Notwithstanding subsection (a) of this section, exempted operation

shall continue to be subject to search and review for information conc

(1) United States citizens or aliens lawfully admitted for perm

residence who have requested information on themselves purs

provisions of section 552 of title 5, United States Code (Freed

Information Act), or section 552a of title 5, United States Cod

Act of 1974); 

(2) any special activity the existence of which is not exempt f

disclosure under the provisions of section 552 of title 5, Unite

Code (Freedom of Information Act); or 

(3) the specific subject matter of an investigation by the congr

intelligence committees, the Intelligence Oversight Board, the 

Department of Justice, the Office of General Counsel of the C

Intelligence Agency, the Office of Inspector General of the C

Intelligence Agency, or the Office of the Director of National 

Intelligence for any impropriety, or violation of law, Executiv

Presidential directive, in the conduct of an intelligence activit

(d)(1) Files that are not exempted under subsection (a) of this section 

contain information derived or disseminated from exempted operation

shall be subject to search and review. 
80

subsection (a) of this section and which have been returned to 

operational files for sole retention shall be subject to search an

(e) The provisions of subsection (a) of this section shall not be superse

by a provision of law which is enacted after the date of enactment of s

(a), and which specifically cites and repeals or modifies its provisions

(f) Whenever any person who has requested agency records under sec

title 5, United States Code (Freedom of Information Act), alleges that 

Intelligence Agency has improperly withheld records because of failu

comply with any provision of this section, judicial review shall be ava

under the terms set forth in section 552(a)(4)(B) of title 5, United Stat

except that— 

(1) in any case in which information specifically authorized u

criteria established by an Executive order to be kept secret in 

of national defense or foreign relations which is filed with, or 

for, the court by the Central Intelligence Agency, such inform

be examined ex parte, in camera by the court; 

(2) the court shall, to the fullest extent practicable, determine 

fact based on sworn written submissions of the parties; 

(3) when a complainant alleges that requested records are imp

withheld because of improper placement solely in exempted o

files, the complainant shall support such allegation with a swo

submission, based upon personal knowledge or otherwise adm

evidence;

(4)(A) when a complainant alleges that requested records wer

improperly withheld because of improper exemption of opera

the Central Intelligence Agency shall meet its burden under se

552(a)(4)(B) of title 5, United States Code, by demonstrating 

by sworn written submission that exempted operational files l

contain responsive records currently perform the functions set 

subsection (b) of this section; and 

(B) the court may not order the Central Intelligence A

review the content of any exempted operational file o

order to make the demonstration required under subp

(A) of this paragraph, unless the complainant dispute

Central Intelligence Agency’s showing with a sworn 
81

(6) if the court finds under this subsection that the Central Int

Agency has improperly withheld requested records because o

comply with any provision of this section, the court shall orde

Central Intelligence Agency to search and review the appropr

exempted operational file or files for the requested records an

such records, or portions thereof, available in accordance with 

provisions of section 552 of title 5, United States Code (Freed

Information Act), and such order shall be the exclusive remed

failure to comply with this section; and 

(7) if at any time following the filing of a complaint pursuant 

subsection the Central Intelligence Agency agrees to search th

appropriate exempted operational file or files for the requeste

the court shall dismiss the claim based upon such complaint. 

(g)DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES—

(1) Not less than once every ten years, the Director of the Cen

Intelligence Agency and the Director of National Intelligence 

review the exemptions in force under subsection (a) to determ

whether such exemptions may be removed from any category 

exempted files or any portion thereof. 

(2) The review required by paragraph (1) shall include consid

the historical value or other public interest in the subject matt

particular category of files or portions thereof and the potentia

declassifying a significant part of the information contained th

(3) A complainant who alleges that the Central Intelligence A

improperly withheld records because of failure to comply wit

subsection may seek judicial review in the district court of the 

States of the district in which any of the parties reside, or in th

of Columbia. In such a proceeding, the court’s review shall be 

determining the following: 

(A) Whether the Central Intelligence Agency has con

review required by paragraph (1) before October 15, 

before the expiration of the 10-year period beginning 

of the most recent review. 

(B) Whether the Central Intelligence Agency, in fact, 

the criteria set forth in paragraph (2) in conducting th

review.
82

(1) The Director of the National Geospatial-Intelligence Agen

the coordination of the Director of National Intelligence, may 

operational files of the National Geospatial-Intelligence Agen

provisions of section 552 of title 5, United States Code, which 

publication, disclosure, search, or review in connection therew

(2)(A) Subject to subparagraph (B), for the purposes of this se

term “operational files” means files of the National Geospatia

Intelligence Agency (hereafter in this section referred to as “N

concerning the activities of NGA that before the establishmen

were performed by the National Photographic Interpretation C

the Central Intelligence Agency (NPIC), that document the m

which foreign intelligence or counterintelligence is collected t

scientific and technical systems. 

(B) Files which are the sole repository of disseminate

intelligence are not operational files. 

 (3) Notwithstanding paragraph (1), exempted operational file

continue to be subject to search and review for information co

(A) United States citizens or aliens lawfully admitted 

permanent residence who have requested information 

themselves pursuant to the provisions of section 552 o

title 5, United States Code;

(B) any special activity the existence of which is not 

from disclosure under the provisions of section 552 o

United States Code; or 

(C) the specific subject matter of an investigation by 

following for any impropriety, or violation of law, Ex

order, or Presidential directive, in the conduct of an in

activity: 

(i) The congressional intelligence committees

(ii) The Intelligence Oversight Board. 

(iii) The Department of Justice. 

(iv) The Office of General Counsel of NGA. 

(v) The Office of the Director of NGA. 

(vi) The Office of the Inspector General of th

Geospatial Intelligence Agency. 
83

files from search, review, publication, or disclosure. 

(C) Records from exempted operational files which h

disseminated to and referenced in files that are not ex

under paragraph (1) and which have been returned to 

operational files for sole retention shall be subject to 

review.

(5) The provisions of paragraph (1) may not be superseded ex

provision of law which is enacted after the date of the enactm

section, and which specifically cites and repeals or modifies i

provisions.

(6)(A) Except as provided in subparagraph (B), whenever any 

who has requested agency records under section 552 of title 5

States Code, alleges that NGA has withheld records improper

of failure to comply with any provision of this section, judicia

shall be available under the terms set forth in section 552(a)(4

5, United States Code. 

(B) Judicial review shall not be available in the mann

for under subparagraph (A) as follows: 

(i) In any case in which information specifica

authorized under criteria established by an Ex

order to be kept secret in the interests of natio

or foreign relations is filed with, or produced 

court by NGA, such information shall be exa

parte, in camera by the court. 

(ii) The court shall, to the fullest extent practi

determine the issues of fact based on sworn w

submissions of the parties. 

(iii) When a complainant alleges that requeste

are improperly withheld because of improper 

solely in exempted operational files, the comp

shall support such allegation with a sworn wr

submission based upon personal knowledge o

admissible evidence. 

(iv)(I) When a complainant alleges that reque

records were improperly withheld because of 

exemption of operational files, NGA shall me
84

content of any exempted operational 

in order to make the demonstration re

under subclause (I), unless the compl

disputes NGA’s showing with a swor

submission based on personal knowle

otherwise admissible evidence. 

(v) In proceedings under clauses (iii) and (iv)

may not obtain discovery pursuant to rules 26 

36 of the Federal Rules of Civil Procedure, ex

requests for admissions may be made pursuan

26 and 36. 

(vi) If the court finds under this paragraph tha

improperly withheld requested records becau

to comply with any provision of this subsecti

court shall order NGA to search and review t

appropriate exempted operational file or files 

requested records and make such records, or p

thereof, available in accordance with the prov

section 552 of title 5, United States Code, and 

shall be the exclusive remedy for failure to co

this subsection. 

(vii) If at any time following the filing of a co

pursuant to this paragraph NGA agrees to sea

appropriate exempted operational file or files 

requested records, the court shall dismiss the 

based upon such complaint. 

(viii) Any information filed with, or produced 

court pursuant to clauses (i) and (iv) shall be 

with the Director of National Intelligence prio

submission to the court. 

(b) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.—

(1) Not less than once every 10 years, the Director of the Nati

Geospatial-Intelligence Agency and the Director of National I

shall review the exemptions in force under subsection (a)(1) t

whether such exemptions may be removed from the category 
85

(3) A complainant that alleges that NGA has improperly with

records because of failure to comply with this subsection may 

judicial review in the district court of the United States of the 

which any of the parties reside, or in the District of Columbia

proceeding, the court’s review shall be limited to determining 

following:

(A) Whether NGA has conducted the review required 

paragraph (1) before the expiration of the 10-year per

beginning on the date of the enactment of this section 

the expiration of the 10-year period beginning on the 

most recent review. 

(B) Whether NGA, in fact, considered the criteria set 

paragraph (2) in conducting the required review. 

OPERATIONAL FILES OF THE NATIONAL RECONNAISSANCE O

SEC. 703. [50 U.S.C. §432a] 

(a) EXEMPTION OF CERTAIN OPERATIONAL FILES FROM SEARCH, REV

PUBLICATION, OR DISCLOSURE.—

(1) The Director of the National Reconnaissance Office, with 

coordination of the Director of National Intelligence, may exe

operational files of the National Reconnaissance Office from 

provisions of section 552 of title 5, United States Code, which 

publication, disclosure, search, or review in connection therew

(2)(A) Subject to subparagraph (B), for the purposes of this se

term “operational files” means files of the National Reconnai

Office (hereafter in this section referred to as “NRO”) that do

means by which foreign intelligence or counterintelligence is 

through scientific and technical systems. 

(B) Files which are the sole repository of disseminate

intelligence are not operational files. 

(3) Notwithstanding paragraph (1), exempted operational files 

continue to be subject to search and review for information co

(A) United States citizens or aliens lawfully admitted 

permanent residence who have requested information 
86

following for any impropriety, or violation of law, Ex

order, or Presidential directive, in the conduct of an in

activity: 

(i) The Permanent Select Committee on Intel

the House of Representatives. 

(ii) The Select Committee on Intelligence of t

(iii) The Intelligence Oversight Board. 

(iv) The Department of Justice. 

(v) The Office of General Counsel of NRO. 

(vi) The Office of the Director of NRO. 

(vii) The Office of the Inspector General of th

(4)(A) Files that are not exempted under paragraph (1) which 

information derived or disseminated from exempted operation

shall be subject to search and review. 

(B) The inclusion of information from exempted oper

in files that are not exempted under paragraph (1) sha

the exemption under paragraph (1) of the originating 

files from search, review, publication, or disclosure. 

(C) The declassification of some of the information c

exempted operational files shall not affect the status o

operational file as being exempt from search, review, 

publication, or disclosure. 

(D) Records from exempted operational files which h

disseminated to and referenced in files that are not ex

under paragraph (1) and which have been returned to 

operational files for sole retention shall be subject to 

review.

(5) The provisions of paragraph (1) may not be superseded ex

provision of law which is enacted after the date of the enactm

section, and which specifically cites and repeals or modifies i

provisions.

(6)(A) Except as provided in subparagraph (B), whenever any 

who has requested agency records under section 552 of title 5

States Code, alleges that NRO has withheld records improper

of failure to comply with any provision of this section, judicia
87

order to be kept secret in the interests of natio

or foreign relations is filed with, or produced 

court by NRO, such information shall be exam

parte, in camera by the court. 

(ii) The court shall, to the fullest extent practi

determine the issues of fact based on sworn w

submissions of the parties. 

(iii) When a complainant alleges that requeste

are improperly withheld because of improper 

solely in exempted operational files, the comp

shall support such allegation with a sworn wr

submission based upon personal knowledge o

admissible evidence. 

(iv)(I) When a complainant alleges that reque

records were improperly withheld because of 

exemption of operational files, NRO shall me

burden under section 552(a)(4)(B) of title 5, U

States Code, by demonstrating to the court by 

written submission that exempted operational 

to contain responsive records currently perfor

functions set forth in paragraph (2). 

(II) The court may not order NRO to 

content of any exempted operational 

in order to make the demonstration re

under subclause (I), unless the compl

disputes NRO’s showing with a swor

submission based on personal knowle

otherwise admissible evidence. 

(v) In proceedings under clauses (iii) and (iv)

may not obtain discovery pursuant to rules 26 

36 of the Federal Rules of Civil Procedure, ex

requests for admissions may be made pursuan

26 and 36. 

(vi) If the court finds under this paragraph tha

improperly withheld requested records becau

to comply with any provision of this subsecti
88

this subsection. 

(vii) If at any time following the filing of a co

pursuant to this paragraph NRO agrees to sea

appropriate exempted operational file or files 

requested records, the court shall dismiss the 

based upon such complaint. 

(viii) Any information filed with, or produced 

court pursuant to clauses (i) and (iv) shall be 

with the Director of National Intelligence prio

submission to the court. 

(b) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.—

(1) Not less than once every 10 years, the Director of the Nati

Reconnaissance Office and the Director of National Intelligen

review the exemptions in force under subsection (a)(1) to dete

whether such exemptions may be removed from the category 

exempted files or any portion thereof. The Director of Nation

Intelligence must approve any determination to remove such e

(2) The review required by paragraph (1) shall include consid

the historical value or other public interest in the subject matt

particular category of files or portions thereof and the potentia

declassifying a significant part of the information contained th

(3) A complainant that alleges that NRO has improperly withh

because of failure to comply with this subsection may seek ju

review in the district court of the United States of the district 

any of the parties reside, or in the District of Columbia. In suc

proceeding, the court’s review shall be limited to determining 

following:

(A) Whether NRO has conducted the review required 

paragraph (1) before the expiration of the 10-year per

beginning on the date of the enactment of this section 

the expiration of the 10-year period beginning on the 

most recent review. 

(B) Whether NRO, in fact, considered the criteria set 

paragraph (2) in conducting the required review. 
89

operational files of the National Security Agency from the provisions 

552 of title 5, United States Code, which require publication, disclosu

or review in connection therewith. 

(b) OPERATIONAL FILES DEFINED.—

(1) In this section, the term “operational files” means— 

(A) files of the Signals Intelligence Directorate of the 

Security Agency (and any successor organization of t

directorate) that document the means by which foreig

intelligence or counterintelligence is collected throug

systems; and 

(B) files of the Research Associate Directorate of the 

Security Agency (and any successor organization of t

directorate) that document the means by which foreig

intelligence or counterintelligence is collected throug

and technical systems. 

(2) Files that are the sole repository of disseminated intelligen

files that have been accessioned into the National Security Ag

Archives (or any successor organization) are not operational f

(c) SEARCH AND REVIEW FOR INFORMATION.—Notwithstanding subs

exempted operational files shall continue to be subject to search and r

information concerning any of the following: 

(1) United States citizens or aliens lawfully admitted for perm

residence who have requested information on themselves purs

provisions of section 552 or 552a of title 5, United States Cod

(2) Any special activity the existence of which is not exempt 

disclosure under the provisions of section 552 of title 5, Unite

Code.

(3) The specific subject matter of an investigation by any of th

following for any impropriety, or violation of law, Executive 

Presidential directive, in the conduct of an intelligence activit

(A) The Committee on Armed Services and the Perm

Select Committee on Intelligence of the House of 

Representatives. 

(B) The Committee on Armed Services and the Selec

Committee on Intelligence of the Senate. 

(C) The Intelligence Oversight Board. 
90

(H) The Office of the Inspector General of the Nation

Agency. 

(d) INFORMATION DERIVED OR DISSEMINATED FROM EXEMPTED OPE

FILES.—

(1) Files that are not exempted under subsection (a) that conta

information derived or disseminated from exempted operation

shall be subject to search and review. 

(2) The inclusion of information from exempted operational f

that are not exempted under subsection (a) shall not affect the 

under subsection (a) of the originating operational files from s

review, publication, or disclosure. 

(3) The declassification of some of the information contained 

exempted operational files shall not affect the status of the op

file as being exempt from search, review, publication, or discl

(4) Records from exempted operational files that have been d

to and referenced in files that are not exempted under subsect

that have been returned to exempted operational files for sole 

shall be subject to search and review. 

(e) SUPERCEDURE OF OTHER LAWS.—The provisions of subsection (a

be superseded except by a provision of law that is enacted after the da

enactment of this section and that specifically cites and repeals or mod

provisions.

(f) ALLEGATION; IMPROPER WITHHOLDING OF RECORDS; JUDICIAL R

(1) Except as provided in paragraph (2), whenever any person 

requested agency records under section 552 of title 5, United 

Code, alleges that the National Security Agency has withheld 

improperly because of failure to comply with any provision o

section, judicial review shall be available under the terms set 

section 552(a)(4)(B) of title 5, United States Code. 

(2) Judicial review shall not be available in the manner provid

under paragraph (1) as follows: 

(A) In any case in which information specifically auth

under criteria established by an Executive order to be 

in the interests of national defense or foreign relation

with, or produced for, the court by the National Secur
91

improperly withheld because of improper placement s

exempted operational files, the complainant shall sup

allegation with a sworn written submission based upo

knowledge or otherwise admissible evidence. 

(D)(i) When a complainant alleges that requested reco

improperly withheld because of improper exemption 

operational files, the National Security Agency shall m

burden under section 552(a)(4)(B) of title 5, United S

by demonstrating to the court by sworn written submi

exempted operational files likely to contain responsiv

currently perform the functions set forth in subsection 

(ii) The court may not order the National Sec

Agency to review the content of any exempte

operational file or files in order to make the 

demonstration required under clause (i), unle

complainant disputes the National Security A

showing with a sworn written submission bas

personal knowledge or otherwise admissible 

(E) In proceedings under subparagraphs (C) and (D), 

may not obtain discovery pursuant to rules 26 through 

Federal Rules of Civil Procedure, except that requests 

admissions may be made pursuant to rules 26 and 36. 

(F) If the court finds under this subsection that the Na

Security Agency has improperly withheld requested r

because of failure to comply with any provision of th

subsection, the court shall order the Agency to search 

the appropriate exempted operational file or files for t

requested records and make such records, or portions 

available in accordance with the provisions of section 

5, United States Code, and such order shall be the exc

remedy for failure to comply with this section (other t

subsection (g)). 

(G) If at any time following the filing of a complaint 

this paragraph the National Security Agency agrees to 

appropriate exempted operational file or files for the r
92

(g) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.—

(1) Not less than once every 10 years, the Director of the Nati

Security Agency and the Director of National Intelligence sha

the exemptions in force under subsection (a) to determine wh

exemptions may be removed from a category of exempted file

portion thereof. The Director of National Intelligence must ap

determination to remove such exemptions. 

(2) The review required by paragraph (1) shall include consid

the historical value or other public interest in the subject matt

particular category of files or portions thereof and the potentia

declassifying a significant part of the information contained th

(3) A complainant that alleges that the National Security Agen

improperly withheld records because of failure to comply wit

subsection may seek judicial review in the district court of the 

States of the district in which any of the parties reside, or in th

of Columbia. In such a proceeding, the court’s review shall be 

determining the following: 

(A) Whether the National Security Agency has condu

review required by paragraph (1) before the expiratio

year period beginning on the date of the enactment of 

section or before the expiration of the 10-year period 

on the date of the most recent review. 

(B) Whether the National Security Agency, in fact, co

the criteria set forth in paragraph (2) in conducting th

review.

OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE AGE

SEC. 705. [50 U.S.C. §432c] 

(a) EXEMPTION OF OPERATIONAL FILES. —The Director of the Defen

Intelligence Agency, in coordination with the Director of National Int

may exempt operational files of the Defense Intelligence Agency from 

provisions of section 552 of title 5, United States Code, which require 

publication, disclosure, search, or review in connection therewith. 

(b) OPERATIONAL FILES DEFINED. —

(1) In this section, the term “operational files” means— 
93

(B) files of the Directorate of Technology of the Defe

Intelligence Agency (and any successor organization 

directorate) that document the means by which foreig

intelligence or counterintelligence is collected throug

systems. 

(2) Files that are the sole repository of disseminated intelligen

operational files. 

(c) SEARCH AND REVIEW FOR INFORMATION. —Notwithstanding subs

exempted operational files shall continue to be subject to search and r

information concerning: 

(1) United States citizens or aliens lawfully admitted for perm

residence who have requested information on themselves purs

provisions of section 552 or 552a of title 5, United States Cod

(2) Any special activity the existence of which is not exempt 

disclosure under the provisions of section 552 of title 5, Unite

Code.

(3) The specific subject matter of an investigation by any of th

following for any impropriety, or violation of law, Executive 

Presidential directive, in the conduct of an intelligence activit

(A) The Committee on Armed Services and the Perm

Select Committee on Intelligence of the House of 

Representatives. 

(B) The Committee on Armed Services and the Selec

Committee on Intelligence of the Senate. 

(C) The Intelligence Oversight Board. 

(D) The Department of Justice. 

(E) The Office of General Counsel of the Department 

or of the Defense Intelligence Agency. 

(F) The Office of Inspector General of the Departmen

Defense or of the Defense Intelligence Agency. 

(G) The Office of the Director of the Defense Intellig

Agency. 
94

that are not exempted under subsection (a) shall not affect the 

under subsection (a) of the originating operational files from s

review, publication, or disclosure. 

(3) The declassification of some of the information contained 

exempted operational file shall not affect the status of the ope

as being exempt from search, review, publication, or disclosu

(4) Records from exempted operational files that have been d

to and referenced in files that are not exempted under subsect

that have been returned to exempted operational files for sole 

shall be subject to search and review. 

(e) ALLEGATION; IMPROPER WITHHOLDING OF RECORDS; JUDICIAL R

(1) Except as provided in paragraph (2), whenever any person 

requested agency records under section 552 of title 5, United 

Code, alleges that the Defense Intelligence Agency has withh

improperly because of failure to comply with any provision o

section, judicial review shall be available under the terms set 

section 552(a)(4)(B) of title 5, United States Code. 

(2) Judicial review shall not be available in the manner provid

paragraph (1) as follows: 

(A) In any case in which information specifically auth

under criteria established by an Executive order to be 

in the interest of national defense or foreign relations 

filed with, or produced for, the court by the Defense I

Agency, such information shall be examined ex parte

by the court. 

(B) The court shall determine, to the fullest extent pra

issues of fact based on sworn written submissions of t

(C) When a complainant alleges that requested record

improperly withheld because of improper placement s

exempted operational files, the complainant shall sup

allegation with a sworn written submission based upo

knowledge or otherwise admissible evidence. 

(D)(i) When a complainant alleges that requested reco

improperly withheld because of improper exemption 

operational files, the Defense Intelligence Agency sha

burden under section 552(a)(4)(B) of title 5, United S
95

demonstration required under clause (i), unle

complainant disputes the Defense Intelligenc

showing with a sworn written submission bas

personal knowledge or otherwise admissible 

(E) In proceedings under subparagraphs (C) and (D), 

shall not obtain discovery pursuant to rules 26 throug

Federal Rules of Civil Procedure, except that requests 

admission may be made pursuant to rules 26 and 36. 

(F) If the court finds under this subsection that the De

Intelligence Agency has improperly withheld request

because of failure to comply with any provision of th

subsection, the court shall order the Defense Intellige

to search and review the appropriate exempted operat

files for the requested records and make such records

thereof, available in accordance with the provisions o

552 of title 5, United States Code, and such order sha

exclusive remedy for failure to comply with this secti

than subsection (f)). 

(G) If at any time following the filing of a complaint 

this paragraph the Defense Intelligence Agency agree

the appropriate exempted operational file or files for t

requested records, the court shall dismiss the claim ba

such complaint. 

(H) Any information filed with, or produced for the c

pursuant to subparagraphs (A) and (D) shall be coord

the Director of National Intelligence before submissio

court.

(f) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES. —

(1) Not less than once every 10 years, the Director of the Defe

Intelligence Agency and the Director of National Intelligence 

review the exemptions in force under subsection (a) to determ

whether such exemptions may be removed from a category of 

files or any portion thereof. The Director of National Intellige

approve any determinations to remove such exemptions. 

(2) The review required by paragraph (1) shall include consid

the historical value or other public interest in the subject matt
96

of Columbia. In such a proceeding, the courts review shall be 

determining the following: 

(A) Whether the Defense Intelligence Agency has con

review required by paragraph (1) before the expiratio

year period beginning on the date of the enactment of 

section or before the expiration of the 10-year period 

on the date of the most recent review. 

(B) Whether the Defense Intelligence Agency, in fact

considered the criteria set forth in paragraph (2) in co

the required review. 

(g) TERMINATION.—This section shall cease to be effective on Decem

2007. 

TITLE VIII—ACCESS TO 

CLASSIFIED INFORMATION PROCEDURES 

PROCEDURES

SEC. 801. [50 U.S.C 435] 

(a) Not later than 180 days after the date of enactment of this title, the 

shall, by Executive order or regulation, establish procedures to govern 

classified information which shall be binding upon all departments, ag

offices of the executive branch of Government. Such procedures shall

minimum— 

(1) provide that, except as may be permitted by the President, 

employee in the executive branch of Government may be give

classified information by any department, agency, or office of 

executive branch of Government unless, based upon an appro

background investigation, such access is determined to be cle

consistent with the national security interests of the United St

(2) establish uniform minimum requirements governing the sc

frequency of background investigations and reinvestigations f

employees in the executive branch of Government who requir

classified information as part of their official responsibilities; 

(3) provide that all employees in the executive branch of Gov

who require access to classified information shall be required 
97

classified information and for a period of three years thereafte

(4) provide that all employees in the executive branch of Gov

who require access to particularly sensitive classified informa

determined by the President, shall be required, as a condition 

maintaining access to such information, to submit to the empl

department or agency, during the period of such access, relev

information concerning their financial condition and foreign t

determined by the President, as may be necessary to ensure ap

security; and 

(5) establish uniform minimum standards to ensure that emplo

executive branch of Government whose access to classified in

is being denied or terminated under this title are appropriately 

the reasons for such denial or termination and are provided an 

opportunity to respond to all adverse information which form

for such denial or termination before final action by the depar

agency concerned. 

(b)(1) Subsection (a) shall not be deemed to limit or affect the respons

power of an agency head pursuant to other law or Executive order to d

terminate access to classified information if the national security so re

Such responsibility and power may be exercised only when the agenc

determines that the procedures prescribed by subsection (a) cannot be 

a manner that is consistent with the national security. 

(2) Upon the exercise of such responsibility, the agency head 

submit a report to the congressional intelligence committees. 

REQUESTS BY AUTHORIZED INVESTIGATIVE AGENCIES

SEC. 802. [50 U.S.C. §436] 

(a)(1) Any authorized investigative agency may request from any fina

agency, financial institution, or holding company, or from any consum

reporting agency, such financial records, other financial information, 

consumer reports as may be necessary in order to conduct any authori

enforcement investigation, counterintelligence inquiry, or security det

Any authorized investigative agency may also request records maintai

commercial entity within the United States pertaining to travel by an e

the executive branch of Government outside the United States. 
98

to the information is maintained, and for a period of n

than three years thereafter, permitting access to financ

other financial information, consumer reports, and tra

and

(B)(i) there are reasonable grounds to believe, based o

information, that the person is, or may be, disclosing 

information in an unauthorized manner to a foreign p

agent of a foreign power; 

(ii) information the employing agency deems 

indicates the person has incurred excessive in

or has acquired a level of affluence which can

explained by other information known to the 

(iii) circumstances indicate the person had the 

and opportunity to disclose classified informa

is known to have been lost or compromised to 

power or an agent of a foreign power. 

(3) Each such request— 

(A) shall be accompanied by a written certification si

department or agency head or deputy department or a

concerned, or by a senior official designated for this p

the department or agency head concerned (whose ran

no lower than Assistant Secretary or Assistant Directo

shall certify that— 

(i) the person concerned is or was an employe

the meaning of paragraph (2)(A); 

(ii) the request is being made pursuant to an a

inquiry or investigation and is authorized und

section; and

(iii) the records or information to be reviewed 

records or information which the employee h

previously agreed to make available to the au

investigative agency for review; 

(B) shall contain a copy of the agreement referred to i

subparagraph (A)(iii); 

(C) shall identify specifically or by category the recor

information to be reviewed; and 
99

counterintelligence investigation, interference with diplomatic 

or danger to the life or physical safety of any person, no gove

private entity, or officer, employee, or agent of such entity, m

to any person (other than those to whom such disclosure is ne

comply with the request or an attorney to obtain legal advice 

assistance with respect to the request) that such entity has rece

satisfied a request made by an authorized investigative agency 

section.

(2) The request shall notify the person or entity to whom the r

directed of the nondisclosure requirement under paragraph (1)

(3) Any recipient disclosing to those persons necessary to com

the request or to an attorney to obtain legal advice or legal ass

with respect to the request shall inform such persons of any ap

nondisclosure requirement. Any person who receives a disclo

this subsection shall be subject to the same prohibitions on di

under paragraph (1). 

(4) At the request of the authorized investigative agency, any 

making or intending to make a disclosure under this section sh

to the requesting official of the authorized investigative agenc

person to whom such disclosure will be made or to whom suc

disclosure was made prior to the request, except that nothing 

section shall require a person to inform the requesting official 

identity of an attorney to whom disclosure was made or will b

obtain legal advice or legal assistance with respect to the requ

subsection (a). 

 (c)(1) Notwithstanding any other provision of law (other than section 

the Internal Revenue Code of 1986), an entity receiving a request for r

information under subsection (a) shall, if the request satisfies the requ

this section, make available such records or information within 30 day

inspection or copying, as may be appropriate, by the agency requestin

records or information. 

(2) Any entity (including any officer, employee, or agent ther

discloses records or information for inspection or copying pur

this section in good faith reliance upon the certifications made 

agency pursuant to this section shall not be liable for any such 
100

(e) An agency receiving records or information pursuant to a request u

section may disseminate the records or information obtained pursuant 

request outside the agency only— 

(1) to the agency employing the employee who is the subject 

records or information; 

(2) to the Department of Justice for law enforcement or 

counterintelligence purposes; or 

(3) with respect to dissemination to an agency of the United S

such information is clearly relevant to the authorized responsi

such agency. 

(f) Nothing in this section may be construed to affect the authority of 

investigative agency to obtain information pursuant to the Right to Fin

Privacy Act (12 U.S.C. §3401 et seq.) or the Fair Credit Reporting Ac

U.S.C. §1681 et seq.). 

EXCEPTIONS

SEC. 803. [50 U.S.C. §437] 

Except as otherwise specifically provided, the provisions of this title s

apply to the President and Vice President, Members of the Congress, J

the Supreme Court, and Federal judges appointed by the President. 

DEFINITIONS

SEC. 804. [50 U.S.C. §438] 

For purposes of this title— 

(1) the term “authorized investigative agency” means an agen

authorized by law or regulation to conduct a counterintelligen

investigation or investigations of persons who are proposed fo

classified information to ascertain whether such persons satisf

criteria for obtaining and retaining access to such information

(2) the term “classified information” means any information t

been determined pursuant to Executive Order No. 12356 of A

1982, or successor orders, or the Atomic Energy Act of 1954, 

protection against unauthorized disclosure and that is so desig
101

unpaid consultant of the United States Government, or otherw

or on behalf of the United States Government, except as other

determined by the President; 

 (5) the terms “financial agency” and “financial institution” ha

meanings given to such terms in section 5312(a) of title 31, U

Code, and the term “holding company” has the meaning given 

term in section 1101(6) of the Right to Financial Privacy Act 

U.S.C. §3401); 

(6) the terms “foreign power” and “agent of a foreign power” 

same meanings as set forth in sections 101 (a) and (b), respec

the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

(7) the term “State” means each of the several States of the U

the District of Columbia, the Commonwealth of Puerto Rico, 

Commonwealth of the Northern Mariana Islands, the United S

Virgin Islands, Guam, American Samoa, the Republic of the M

Islands, the Federated States of Micronesia, and the Republic 

and any other possession of the United States; and 

(8) the term “computer” means any electronic, magnetic, opti

electrochemical, or other high speed data processing device p

logical, arithmetic, or storage functions, and includes any data 

facility or communications facility directly related to or opera

conjunction with such device and any data or other informatio

contained in such device. 

TITLE IX—APPLICATION OF SANCTIONS LAWS 

TO INTELLIGENCE ACTIVITIES 

STAY OF SANCTIONS

SEC. 901. [50 U.S.C. §441] 

Notwithstanding any provision of law identified in section 904, the Pr

may stay the imposition of an economic, cultural, diplomatic, or other 

related action by the United States Government concerning a foreign c

organization, or person when the President determines and reports to C

accordance with section 903 that to proceed without delay would serio

the compromise of an ongoing criminal investigation directly related t
102

SEC. 902. [50 U.S.C. §441a] 

Whenever the President determines and reports to Congress in accord

section 903 that a stay of sanctions or related actions pursuant to secti

not afforded sufficient time to obviate the risk to an ongoing criminal 

investigation or to an intelligence source or method that gave rise to th

may extend such stay for a period of time specified by the President, w

period may not exceed 120 days. The authority of this section may be 

extend the period of a stay pursuant to section 901 for successive peri

more than 120 days each. 

REPORTS

SEC. 903. [50 U.S.C. §441b] 

Reports to Congress pursuant to sections 901 and 902 shall be submitt

promptly upon determinations under this title. Such reports shall be su

the Committee on International Relations of the House of Representat

the Committee on Foreign Relations of the Senate. With respect to 

determinations relating to intelligence sources and methods, reports sh

submitted to the congressional intelligence committees. With respect 

determinations relating to ongoing criminal investigations, reports sha

submitted to the Committees on the Judiciary of the House of Represe

and the Senate. 

LAWS SUBJECT TO STAY

SEC. 904. [50 U.S.C. §441c] 

The President may use the authority of sections 901 and 902 to stay th

imposition of an economic, cultural, diplomatic, or other sanction or r

action by the United States Government related to the proliferation of 

mass destruction, their delivery systems, or advanced conventional we

otherwise required to be imposed by the Chemical and Biological We

Control and Warfare Elimination Act of 1991 (title III of Public Law 

the Nuclear Proliferation Prevention Act of 1994 (title VIII of Public 

236); title XVII of the National Defense Authorization Act for Fiscal 

(Public Law 101–510) (relating to the nonproliferation of missile tech
103

TITLE X—EDUCATION IN SUPPORT OF NATIONAL INTEL

SUBTITLE A–SCIENCE AND TECHNOLOGY

SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF 

GRADUATE DEGREES IN SCIENCE AND TECHNOLOGY

SEC. 1001. [50 U.S.C. §441g] 

(a) PROGRAM AUTHORIZED.—The Director of National Intelligence m

out a program to provide scholarships and work-study for individuals 

pursuing graduate degrees in fields of study in science and technology 

identified by the Director as appropriate to meet the future needs of th

intelligence community for qualified scientists and engineers. 

(b) ADMINISTRATION.—If the Director of National Intelligence carrie

program under subsection (a), the Director shall administer the progra

the Office of the Director of National Intelligence. 

(c) IDENTIFICATION OF FIELDS OF STUDY.—If the Director of Nationa

Intelligence carries out the program under subsection (a), the Director 

identify fields of study under subsection (a) in consultation with the o

of the elements of the intelligence community. 

(d) ELIGIBILITY FOR PARTICIPATION.—An individual eligible to partic

program is any individual who— 

(1) either— 

(A) is an employee of the intelligence community; or 

(B) meets criteria for eligibility for employment in th

intelligence community that are established by the Di

National Intelligence; 

(2) is accepted in a graduate degree program in a field of stud

or technology identified under subsection (a); and 

(3) is eligible for a security clearance at the level of Secret or 

(e) REGULATIONS.—If the Director of National Intelligence carries ou

program under subsection (a), the Director shall prescribe regulations 

purposes of the administration of this section. 
104

through cross-disciplinary education and joint training. 

INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM

SEC. 1003. [50 U.S.C. §441g-2] 

(a) ESTABLISHMENT.—

(1) IN GENERAL.—The Director of National Intelligence, in c

with the head of each agency of the intelligence community, s

establish a scholarship program (to be known as the Intelligen

Community Scholarship Program’) to award scholarships to i

that is designed to recruit and prepare students for civilian car

intelligence community to meet the critical needs of the intell

community agencies. 

(2) SELECTION OF RECIPIENTS.—

(A) MERIT AND AGENCY NEEDS.—Individuals shall b

to receive scholarships under this section through a co

process primarily on the basis of academic merit and 

of the agency. 

(B) DEMONSTRATED COMMITMENT.—Individuals sel

this section shall have a demonstrated commitment to 

study for which the scholarship is awarded. 

(3) CONTRACTUAL AGREEMENTS.—To carry out the Program 

of each agency shall enter into contractual agreements with in

selected under paragraph (2) under which the individuals agre

as full-time employees of the agency, for the period described 

subsection (g)(1), in positions needed by the agency and for w

individuals are qualified, in exchange for receiving a scholars

(b) ELIGIBILITY.—In order to be eligible to participate in the Program

individual shall— 

(1) be enrolled or accepted for enrollment as a full-time stude

institution of higher education and be pursuing or intend to pu

undergraduate or graduate education in an academic field or d

described in the list made available under subsection (d); 

(2) be a United States citizen; and 

(3) at the time of the initial scholarship award, not be an empl

defined under section 2105 of title 5, United States Code). 
105

(1) make publicly available a list of academic programs and f

study for which scholarships under the Program may be used; 

(2) update the list as necessary. 

(e) SCHOLARSHIPS.—

(1) IN GENERAL.—The Director of National Intelligence may 

scholarship under the Program for an academic year if the ind

applying for the scholarship has submitted to the Director, as 

application required under subsection (c), a proposed academ

leading to a degree in a program or field of study on the list m

available under subsection (d). 

(2) LIMITATION ON YEARS.—An individual may not receive a 

scholarship under this section for more than 4 academic years

Director of National Intelligence grants a waiver. 

(3) STUDENT RESPONSIBILITIES.—Scholarship recipients shal

satisfactory academic progress. 

(4) AMOUNT.—The dollar amount of a scholarship under this 

an academic year shall be determined under regulations issued 

Director of National Intelligence, but shall in no case exceed t

tuition, fees, and other authorized expenses as established by 

Director.

(5) USE OF SCHOLARSHIPS.—A scholarship provided under th

may be expended for tuition, fees, and other authorized expen

established by the Director of National Intelligence by regulat

(6) PAYMENT TO INSTITUTION OF HIGHER EDUCATION.—The 

National Intelligence may enter into a contractual agreement w

institution of higher education under which the amounts provi

scholarship under this section for tuition, fees, and other autho

expenses are paid directly to the institution with respect to wh

scholarship is provided. 

(f) SPECIAL CONSIDERATION FOR CURRENT EMPLOYEES.—

(1) SET ASIDE OF SCHOLARSHIPS.—Notwithstanding paragrap

(3) of subsection (b), 10 percent of the scholarships awarded u

section shall be set aside for individuals who are employees o

on the date of enactment of this section to enhance the educat

employees in areas of critical needs of agencies. 
106

period of service for which an individual shall be obligated to 

employee of the agency is 24 months for each academic year 

scholarship under this section is provided. Under no circumst

the total period of obligated service be more than 8 years. 

(2) BEGINNING OF SERVICE.—

(A) IN GENERAL.—Except as provided in subparagra

obligated service under paragraph (1) shall begin not 

60 days after the individual obtains the educational de

which the scholarship was provided. 

(B) DEFERRAL.—In accordance with regulations esta

the Director of National Intelligence, the Director or d

may defer the obligation of an individual to provide a 

service under paragraph (1) if the Director or designe

determines that such a deferral is appropriate. 

(h) REPAYMENT.—

(1) IN GENERAL.—Scholarship recipients who fail to maintain 

level of academic standing, as defined by the Director of Nati

Intelligence, who are dismissed from their educational institut

disciplinary reasons, or who voluntarily terminate academic tr

before graduation from the educational program for which the 

scholarship was awarded, shall be in breach of their contractu

agreement and, in lieu of any service obligation arising under 

agreement, shall be liable to the United States for repayment w

year after the date of default of all scholarship funds paid to th

the institution of higher education on their behalf under the ag

except as provided in subsection (i)(2). The repayment period 

extended by the Director when determined to be necessary, as 

established by regulation. 

(2) LIABILITY.—Scholarship recipients who, for any reason, f

or complete their service obligation after completion of acade

training, or fail to comply with the terms and conditions of de

established by the Director of National Intelligence under sub

(i)(2)(B), shall be in breach of their contractual agreement. W

recipients breach their agreements for the reasons stated in the 

sentence, the recipient shall be liable to the United States for a

equal to— 
107

3.

(i) CANCELLATION, WAIVER, OR SUSPENSION OF OBLIGATION.—

(1) CANCELLATION.—Any obligation of an individual incurre

Program (or a contractual agreement thereunder) for service o

shall be canceled upon the death of the individual. 

(2) WAIVER OR SUSPENSION.—The Director of National Intel

shall prescribe regulations to provide for the partial or total w

suspension of any obligation of service or payment incurred b

individual under the Program (or a contractual agreement ther

whenever compliance by the individual is impossible or woul

extreme hardship to the individual, or if enforcement of such 

with respect to the individual would be contrary to the best in

the Government. 

(j) REGULATIONS.—The Director of National Intelligence shall prescr

regulations necessary to carry out this section. 

(k) DEFINITIONS.—In this section: 

(1) AGENCY.—The term “agency” means each element of the 

intelligence community as determined by the Director of Nati

Intelligence.

(2) INSTITUTION OF HIGHER EDUCATION.—The term “institut

higher education” has the meaning given that term under sect

the Higher Education Act of 1965 (20 U.S.C. §1001). 

(3) PROGRAM.—The term “Program” means the Intelligence 

Scholarship Program established under subsection (a). 

SUBTITLE B–FOREIGN LANGUAGES PROGRAM

PROGRAM ON ADVANCEMENT OF FOREIGN LANGUAGES 

CRITICAL TO THE INTELLIGENCE COMMUNITY

SEC. 1011. [50 U.S.C. §441j] 

(a) IN GENERAL.—The Secretary of Defense and the Director of Natio

Intelligence may jointly carry out a program to advance skills in forei

languages that are critical to the capability of the intelligence commun

out the national security activities of the United States (hereinafter in 

referred to as the Foreign Languages Program’). 
108

United States. 

EDUCATION PARTNERSHIPS

SEC. 1012. [50 U.S.C. §441j-1] 

(a) IN GENERAL.—In carrying out the Foreign Languages Program, th

covered element of the intelligence community may enter into one or 

education partnership agreements with educational institutions in the U

States in order to encourage and enhance the study in such educationa

institutions of foreign languages that are critical to the capability of th

intelligence community to carry out the national security activities of 

States.

(b) ASSISTANCE PROVIDED UNDER EDUCATIONAL PARTNERSHIP 

AGREEMENTS.—Under an educational partnership agreement entered 

an educational institution pursuant to this section, the head of a covere

of the intelligence community may provide the following assistance to 

educational institution: 

(1) The loan of equipment and instructional materials of the e

the intelligence community to the educational institution for a

and duration that the head of the element considers appropriat

(2) Notwithstanding any other provision of law relating to the 

surplus property, the transfer to the educational institution of 

computer equipment, or other equipment, that is— 

(A) commonly used by educational institutions; 

(B) surplus to the needs of the element of the intellige

community; and 

(C) determined by the head of the element to be appro

support of such agreement. 

(3) The provision of dedicated personnel to the educational in

(A) to teach courses in foreign languages that are crit

capability of the intelligence community to carry out 

security activities of the United States; or 

(B) to assist in the development for the educational in

courses and materials on such languages. 

(4) The involvement of faculty and students of the educationa

in research projects of the element of the intelligence commun
109

(7) The provision of cash awards and other items that the head 

element of the intelligence community considers appropriate. 

VOLUNTARY SERVICES

SEC. 1013. [50 U.S.C. §441j-2] 

(a) AUTHORITY TO ACCEPT SERVICES.—Notwithstanding section 134

31, United States Code, and subject to subsection (b), the Foreign Lan

Program under section 1011 shall include authority for the head of a c

element of the intelligence community to accept from any dedicated p

voluntary services in support of the activities authorized by this subtit

(b) REQUIREMENTS AND LIMITATIONS.— 

(1) In accepting voluntary services from an individual under s

(a), the head of a covered element of the intelligence commun

(A) supervise the individual to the same extent as the 

element would supervise a compensated employee of 

element providing similar services; and 

(B) ensure that the individual is licensed, privileged, h

appropriate educational or experiential credentials, or 

otherwise qualified under applicable law or regulation

provide such services. 

(2) In accepting voluntary services from an individual under s

(a), the head of a covered element of the intelligence commun

not—

(A) place the individual in a policymaking position, o

position performing inherently governmental function

(B) compensate the individual for the provision of suc

(c) AUTHORITY TO RECRUIT AND TRAIN INDIVIDUALS PROVIDING SE

The head of a covered element of the intelligence community may rec

train individuals to provide voluntary services under subsection (a). 

(d) STATUS OF INDIVIDUALS PROVIDING SERVICES.—

(1) Subject to paragraph (2), while providing voluntary servic

subsection (a) or receiving training under subsection (c), an in

shall be considered to be an employee of the Federal Governm

for purposes of the following provisions of law: 
110

that paragraph, the individual shall be deemed to be a volunte

governmental entity or nonprofit institution for purposes of th

Protection Act of 1997 (42 U.S.C. §14501 et seq.). 

(B) In the case of any claim against such an individua

respect to the provision of such services, section 4(d) 

(42 U.S.C. §14503(d)) shall not apply. 

(3) Acceptance of voluntary services under this section shall h

bearing on the issuance or renewal of a security clearance. 

(e) REIMBURSEMENT OF INCIDENTAL EXPENSES.—

(1) The head of a covered element of the intelligence commun

reimburse an individual for incidental expenses incurred by th

individual in providing voluntary services under subsection (a

of a covered element of the intelligence community shall dete

which expenses are eligible for reimbursement under this sub

(2) Reimbursement under paragraph (1) may be made from ap

or nonappropriated funds. 

(f) AUTHORITY TO INSTALL EQUIPMENT.—

(1) The head of a covered element of the intelligence commun

install telephone lines and any necessary telecommunication e

in the private residences of individuals who provide voluntary 

under subsection (a). 

(2) The head of a covered element of the intelligence commun

pay the charges incurred for the use of equipment installed un

paragraph (1) for authorized purposes. 

(3) Notwithstanding section 1348 of title 31, United States Co

head of a covered element of the intelligence community may 

appropriated funds or nonappropriated funds of the element in 

out this subsection. 

REGULATIONS

SEC. 1014. [50 U.S.C. §441j-3] 

(a) IN GENERAL.—The Secretary of Defense and the Director of Natio

Intelligence shall jointly prescribe regulations to carry out the Foreign 

Program. 
111

under section 1013(f). 

DEFINITIONS

SEC. 1015. [50 U.S.C. §441j-4] 

In this subtitle: 

(1) The term “covered element of the intelligence community

agency, office, bureau, or element referred to in subparagraph

through (L) of section 3(4). 

(2) The term “educational institution” means— 

(A) a local educational agency (as that term is defined 

9101(26) of the Elementary and Secondary Education 

1965 (20 U.S.C. §7801(26))); 

(B) an institution of higher education (as defined in se

of the Higher Education Act of 1965 (20 U.S.C. §100

than institutions referred to in subsection (a)(1)(C) of 

section); or 

(C) any other nonprofit institution that provides instru

foreign languages in languages that are critical to the 

of the intelligence community to carry out national se

activities of the United States. 

(3) The term “dedicated personnel” means employees of the i

community and private citizens (including former civilian em

the Federal Government who have been voluntarily separated

members of the United States Armed Forces who have been h

discharged, honorably separated, or generally discharged und

honorable circumstances and rehired on a voluntary basis spe

perform the activities authorized under this subtitle). 
112

(a) IN GENERAL.—The Director of National Intelligence, acting throu

heads of the elements of the intelligence community, may assign emp

such elements in analyst positions requiring foreign language expertis

students at accredited professional, technical, or other institutions of h

education for training at the graduate or undergraduate level in foreign 

required for the conduct of duties and responsibilities of such position

(b) AUTHORITY FOR REIMBURSEMENT OF COSTS OF TUITION AND TRA

(1) The Director of National Intelligence may reimburse an em

assigned under subsection (a) for the total cost of the training 

in that subsection, including costs of educational and supplem

reading materials. 

(2) The authority under paragraph (1) shall apply to employee

assigned on a full-time or part-time basis. 

(3) Reimbursement under paragraph (1) may be made from ap

or nonappropriated funds. 

(c) RELATIONSHIP TO COMPENSATION AS AN ANALYST.—Reimbursem

this section to an employee who is an analyst is in addition to any ben

allowances, travel expenses, or other compensation the employee is en

reason of serving in such an analyst position. 

TITLE XI—ADDITIONAL MISCELLANEOUS PROVISI

APPLICABILITY TO UNITED STATES INTELLIGENCE ACTIVITIES OF 

LAWS IMPLEMENTING INTERNATIONAL TREATIES AND AGREE

SEC. 1101. [50 U.S.C. §442] 

(a) IN GENERAL.—No Federal law enacted on or after the date of the e

of the Intelligence Authorization Act for Fiscal Year 2001 that implem

treaty or other international agreement shall be construed as making u

otherwise lawful and authorized intelligence activity of the United Sta

Government or its employees, or any other person to the extent such o

is carrying out such activity on behalf of, and at the direction of, the U

States, unless such Federal law specifically addresses such intelligenc

(b) AUTHORIZED INTELLIGENCE ACTIVITIES.—An intelligence activit

treated as authorized for purposes of subsection (a) if the intelligence 

authorized by an appropriate official of the United States Government
113

(a) INSPECTION PROCESS.— 

(1) In order to protect intelligence sources and methods from 

unauthorized disclosure, the Director of National Intelligence 

establish and implement an inspection process for all agencie

departments of the United States that handle classified inform

relating to the national security of the United States intended 

that those agencies and departments maintain effective operat

security practices and programs directed against counterintell

activities.

(2) The Director shall carry out the process through the Office 

National Counterintelligence Executive. 

(b) ANNUAL REVIEW OF DISSEMINATION LISTS.—

(1) The Director of National Intelligence shall establish and im

process for all elements of the intelligence community to revi

annual basis, individuals included on distribution lists for acc

classified information. Such process shall ensure that only ind

who have a particularized need to know’ (as determined by th

are continued on such distribution lists. 

(2) Not later than October 15 of each year, the Director shall c

the congressional intelligence committees that the review requ

paragraph (1) has been conducted in all elements of the intelli

community during the preceding fiscal year. 

(c) COMPLETION OF FINANCIAL DISCLOSURE STATEMENTS REQUIRED 

ACCESS TO CERTAIN CLASSIFIED INFORMATION.—

(1) The Director of National Intelligence shall establish and im

process by which each head of an element of the intelligence 

directs that all employees of that element, in order to be grant

classified information referred to in subsection (a) of section 

Executive Order No. 12968 (August 2, 1995; 60 Fed. Reg. 40

U.S.C. §435 note), submit financial disclosure forms as requir

subsection (b) of such section. 

(2) The Director shall carry out paragraph (1) through the Off

National Counterintelligence Executive. 

(d) ARRANGEMENTS TO HANDLE SENSITIVE INFORMATION.—The Dir

National Intelligence shall establish, for all elements of the intelligenc

community, programs and procedures by which sensitive classified in
114
115

intelligence-related activities of the United States Government, and fo

purposes.

Be it enacted by the Senate and House of Representatives of the Unite

America in Congress assembled,

SHORT TITLE; TABLE OF CONTENTS

SECTION 1. 

(a) SHORT TITLE.—This Act may be cited as the “Intelligence Reform 

Terrorism Prevention Act of 2004. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as fol

TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY

SEC. 1001. Short title. 

SUBTITLE A—ESTABLISHMENT OF DIRECTOR OF NATIONAL INTELLIG

SEC. 1011. Reorganization and improvement of management of intelli

community. 

SEC. 1012. Revised definition of national intelligence. 

SEC. 1013. Joint procedures for operational coordination between Dep

Defense and Central Intelligence Agency. 

SEC. 1014. Role of Director of National Intelligence in appointment of 

officials responsible for intelligence-related activities. 

SEC. 1015. Executive Schedule matters. 

SEC. 1016. Information sharing. 

SEC. 1017. Alternative analysis of intelligence by the intelligence com

SEC. 1018. Presidential guidelines on implementation and preservation 

authorities. 

SEC. 1019. Assignment of responsibilities relating to analytic integrity

SEC. 1020. Safeguard of objectivity in intelligence analysis. 

SUBTITLE B—NATIONAL COUNTERTERRORISM CENTER, NATIONAL CO

PROLIFERATION CENTER, AND NATIONAL INTELLIGENCE CENTER

SEC. 1021. National Counterterrorism Center. 

SEC. 1022. National Counter Proliferation Center. 

SEC. 1023. National intelligence centers. 
116

SUBTITLE E—ADDITIONAL IMPROVEMENTS OF INTELLIGENCE ACTIV

SEC. 1051. Service and national laboratories and the intelligence comm

SEC. 1052. Open-source intelligence. 

SEC. 1053. National Intelligence Reserve Corps. 

SUBTITLE F—PRIVACY AND CIVIL LIBERTIES

SEC. 1061. Privacy and Civil Liberties Oversight Board. 

SEC. 1062. Privacy and civil liberties officers. 

SUBTITLE G—CONFORMING AND OTHER AMENDMENTS

SEC. 1071. Conforming amendments relating to roles of Director of N

Intelligence and Director of the Central Intelligence Agenc

SEC. 1072. Other conforming amendments. 

SEC. 1073. Elements of intelligence community under National Securi

1947. 

SEC. 1074. Redesignation of National Foreign Intelligence Program as 

Intelligence Program. 

SEC. 1075. Repeal of superseded authority. 

SEC. 1076. Clerical amendments to National Security Act of 1947. 

SEC. 1077. Conforming amendments relating to prohibiting dual servi

Director of the Central Intelligence Agency. 

SEC. 1078. Authority to establish inspector general for the Office of th

National Intelligence. 

SEC. 1079. Ethics matters. 

SEC. 1080. Construction of authority of Director of National Intelligen

and manage property and services. 

SEC. 1081. General references. 

SUBTITLE H—TRANSFER, TERMINATION, TRANSITION, AND OTHER PRO

SEC. 1091. Transfer of Community Management Staff. 

SEC. 1092. Transfer of Terrorist Threat Integration Center. 

SEC. 1093. Termination of positions of Assistant Directors of Central 

SEC. 1094. Implementation plan. 

SEC. 1095. Director of National Intelligence report on implementation 

intelligence community reform. 

SEC. 1096. Transitional authorities. 

SEC. 1097. Effective dates. 
117

TITLE II—FEDERAL BUREAU OF INVESTIGATION

SEC. 2001. Improvement of intelligence capabilities of the Federal Bu

Investigation. 

SEC. 2002. Directorate of Intelligence of the Federal Bureau of Investi

SEC. 2003. Federal Bureau of Investigation intelligence career service

SEC. 2004. Federal Bureau of Investigation Reserve Service. 

SEC. 2005. Federal Bureau of Investigation mandatory separation age. 

SEC. 2006. Federal Bureau of Investigation use of translators. 

TITLE III—SECURITY CLEARANCES

SEC. 3001. Security clearances. 

TITLE IV—TRANSPORTATION SECURITY

SUBTITLE A—NATIONAL STRATEGY FOR TRANSPORTATION SECUR

SEC. 4001. National Strategy for Transportation Security. 

SUBTITLE B—AVIATION SECURITY

SEC. 4011. Provision for the use of biometric or other technology. 

SEC. 4012. Advanced airline passenger prescreening. 

SEC. 4013. Deployment and use of detection equipment at airport scre

checkpoints.

SEC. 4014. Advanced airport checkpoint screening devices. 

SEC. 4015. Improvement of screener job performance. 

SEC. 4016. Federal air marshals. 

SEC. 4017. International agreements to allow maximum deployment o

marshals. 

SEC. 4018. Foreign air marshal training. 

SEC. 4019. In-line checked baggage screening. 

SEC. 4020. Checked baggage screening area monitoring. 

SEC. 4021. Wireless communication. 

SEC. 4022. Improved pilot licenses. 

SEC. 4023. Aviation security staffing. 

SEC. 4024. Improved explosive detection systems. 

SEC. 4025. Prohibited items list. 

SEC. 4026. Man-Portable Air Defense Systems (MANPADs). 

SEC. 4027. Technical corrections. 

SEC. 4028. Report on secondary flight deck barriers. 

SEC. 4029. Extension of authorization of aviation security funding. 
118

SUBTITLE D—MARITIME SECURITY

SEC. 4071. Watch lists for passengers aboard vessels. 

SEC. 4072. Deadlines for completion of certain plans, reports, and asse

SUBTITLE E—GENERAL PROVISIONS

SEC. 4081. Definitions. 

SEC. 4082. Effective date. 

TITLE V—BORDER PROTECTION, IMMIGRATION, AND VISA MATTE

SUBTITLE A—ADVANCED TECHNOLOGY NORTHERN BORDER SECURITY PILO

SEC. 5101. Establishment. 

SEC. 5102. Program requirements. 

SEC. 5103. Administrative provisions. 

SEC. 5104. Report. 

SEC. 5105. Authorization of appropriations. 

SUBTITLE B—BORDER AND IMMIGRATION ENFORCEMENT

SEC. 5201. Border surveillance. 

SEC. 5202. Increase in full-time Border Patrol agents. 

SEC. 5203. Increase in full-time immigration and customs enforcemen

investigators. 

SEC. 5204. Increase in detention bed space. 

SUBTITLE C—VISA REQUIREMENTS

SEC. 5301. In person interviews of visa applicants. 

SEC. 5302. Visa application requirements. 

SEC. 5303. Effective date. 

SEC. 5304. Revocation of visas and other travel documentation. 

SUBTITLE D—IMMIGRATION REFORM

SEC. 5401. Bringing in and harboring certain aliens. 

SEC. 5402. Deportation of aliens who have received military-type train

terrorist organizations. 

SEC. 5403. Study and report on terrorists in the asylum system. 
119

SEC. 5504. Bar to good moral character for aliens who have committed 

torture, extrajudicial killings, or severe violations of religio

SEC. 5505. Establishment of the Office of Special Investigations. 

SEC. 5506. Report on implementation. 

TITLE VI—TERRORISM PREVENTION

SUBTITLE A—INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POW

SEC. 6001. Individual terrorists as agents of foreign powers. 

SEC. 6002. Additional semiannual reporting requirements under the Fo

Intelligence Surveillance Act of 1978. 

SUBTITLE B—MONEY LAUNDERING AND TERRORIST FINANCING

SEC. 6101. Additional authorization for finCEN. 

SEC. 6102. Money laundering and financial crimes strategy reauthoriz

SUBTITLE C—MONEY LAUNDERING ABATEMENT AND 

FINANCIAL ANTITERRORISM TECHNICAL CORRECTIONS

SEC. 6201. Short title. 

SEC. 6202. Technical corrections to Public Law 107-56. 

SEC. 6203. Technical corrections to other provisions of law. 

SEC. 6204. Repeal of review. 

SEC. 6205. Effective date. 

SUBTITLE D—ADDITIONAL ENFORCEMENT TOOLS

SEC. 6301. Bureau of Engraving and Printing security printing. 

SEC. 6302. Reporting of certain cross-border transmittal of funds. 

SEC. 6303. Terrorism financing. 

SUBTITLE E—CRIMINAL HISTORY BACKGROUND CHECKS

SEC. 6401. Protect Act. 

SEC. 6402. Reviews of criminal records of applicants for private secur

employment. 

SEC. 6403. Criminal history background checks. 

SUBTITLE F—GRAND JURY INFORMATION SHARING

SEC. 6501. Grand jury information sharing. 
120

SEC. 6701. Short title. 

SEC. 6702. Hoaxes and recovery costs. 

SEC. 6703. Obstruction of justice and false statements in terrorism cas

SEC. 6704. Clarification of definition. 

SUBTITLE I—WEAPONS OF MASS DESTRUCTION 

PROHIBITION IMPROVEMENT ACT OF 2004

SEC. 6801. Short title. 

SEC. 6802. Weapons of mass destruction. 

SEC. 6803. Participation in nuclear and weapons of mass destruction th

United States. 

SUBTITLE J—PREVENTION OF TERRORIST ACCESS TO 

DESTRUCTIVE WEAPONS ACT OF 2004

SEC. 6901. Short title. 

SEC. 6902. Findings and purpose. 

SEC. 6903. Missile systems designed to destroy aircraft. 

SEC. 6904. Atomic weapons. 

SEC. 6905. Radiological dispersal devices. 

SEC. 6906. Variola virus. 

SEC. 6907. Interception of communications. 

SEC. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United S

SEC. 6909. Amendments to section 1956(c)(7)(d) of title 18, United St

SEC. 6910. Export licensing process. 

SEC. 6911. Clerical amendments. 

SUBTITLE K—PRETRIAL DETENTION OF TERRORISTS

SEC. 6951. Short title. 

SEC. 6952. Presumption for pretrial detention in cases involving terror

TITLE VII—IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDAT

SEC. 7001. Short title. 

SUBTITLE A—DIPLOMACY, FOREIGN AID, AND THE MILITARY 

IN THE WAR ON TERRORISM

SEC. 7101. Findings. 

SEC. 7102. Terrorist sanctuaries. 

SEC. 7103. United States commitment to the future of Pakistan. 

SEC. 7104. Assistance for Afghanistan. 
121

SEC. 7112. Expansion of United States scholarship and exchange prog

Islamic world. 

SEC. 7113. Program to provide grants to American-sponsored schools 

predominantly Muslim countries to provide scholarships. 

SEC. 7114. International Muslim Youth Opportunity Fund. 

SEC. 7115. The use of economic policies to combat terrorism. 

SEC. 7116. Middle East partnership initiative. 

SEC. 7117. Comprehensive coalition strategy for fighting terrorism. 

SEC. 7118. Financing of terrorism. 

SEC. 7119. Designation of foreign terrorist organizations. 

SEC. 7120. Report to Congress. 

SEC. 7121. Case-Zablocki Act requirements. 

SEC. 7122. Effective date. 

SUBTITLE B—TERRORIST TRAVEL AND EFFECTIVE SCREENING

SEC. 7201. Counterterrorist travel intelligence. 

SEC. 7202. Establishment of human smuggling and trafficking center. 

SEC. 7203. Responsibilities and functions of consular officers. 

SEC. 7204. International agreements to track and curtail terrorist travel 

use of fraudulently obtained documents. 

SEC. 7205. International standards for transliteration of names into the 

alphabet for international travel documents and name-base

systems. 

SEC. 7206. Immigration security initiative. 

SEC. 7207. Certification regarding technology for visa waiver particip

SEC. 7208. Biometric entry and exit data system. 

SEC. 7209. Travel documents. 

SEC. 7210. Exchange of terrorist information and increased preinspect

foreign airports. 

SEC. 7211. Minimum standards for birth certificates. 

SEC. 7212. Driver’s licenses and personal identification cards. 

SEC. 7213. Social security cards and numbers. 

SEC. 7214. Prohibition of the display of social security account numbe

driver’s licenses or motor vehicle registrations. 

SEC. 7215. Terrorist travel program. 

SEC. 7216. Increase in penalties for fraud and related activity. 

SEC. 7217. Study on allegedly lost or stolen passports. 

SEC. 7218. Establishment of visa and passport security program in the 

of State. 
122

SEC. 7304. Regional model strategic plan pilot projects. 

SEC. 7305. Private sector preparedness. 

SEC. 7306. Critical infrastructure and readiness assessments. 

SEC. 7307. Northern command and defense of the United States home

SEC. 7308. Effective date. 

SUBTITLE D—HOMELAND SECURITY

SEC. 7401. Sense of Congress on first responder funding. 

SEC. 7402. Coordination of industry efforts. 

SEC. 7403. Study regarding nationwide emergency notification system

SEC. 7404. Pilot study to move warning systems into the modern digit

SEC. 7405. Required coordination. 

SEC. 7406. Emergency preparedness compacts. 

SEC. 7407. Responsibilities of counternarcotics office. 

SEC. 7408. Use of counternarcotics enforcement activities in certain em

performance appraisals. 

SUBTITLE E—PUBLIC SAFETY SPECTRUM

SEC. 7501. Digital television conversion deadline. 

SEC. 7502. Studies on telecommunications capabilities and requiremen

SUBTITLE F—PRESIDENTIAL TRANSITION

SEC. 7601. Presidential transition. 

SUBTITLE G—IMPROVING INTERNATIONAL STANDARDS AND 

COOPERATION TO FIGHT TERRORIST FINANCING

SEC. 7701. Improving international standards and cooperation to fight 

financing. 

SEC. 7702. Definitions. 

SEC. 7703. Expanded reporting and testimony requirements for the Se

Treasury. 

SEC. 7704. Coordination of United States Government efforts. 

SUBTITLE H—EMERGENCY FINANCIAL PREPAREDNESS

SEC. 7801. Delegation authority of the Secretary of the Treasury. 

SEC. 7802. Treasury support for financial services industry preparedne

response and consumer education. 

SEC. 7803. Emergency Securities Response Act of 2004. 

SEC. 7804. Private sector preparedness. 
123

SEC. 8201. Homeland security geospatial information. 

SUBTITLE C—HOMELAND SECURITY CIVIL RIGHTS AND CIVIL LIBERTIES P

SEC. 8301. Short title. 

SEC. 8302. Mission of Department of Homeland Security. 

SEC. 8303. Officer for Civil Rights and Civil Liberties. 

SEC. 8304. Protection of civil rights and civil liberties by Office of Ins

General. 

SEC. 8305. Privacy officer. 

SEC. 8306. Protections for human research subjects of the Department 

Homeland Security. 

SUBTITLE D—OTHER MATTERS

SEC. 8401. Amendments to Clinger-Cohen Act provisions to enhance 

planning for Information security needs. 

SEC. 8402. Enterprise architecture. 

SEC. 8403. Financial disclosure and records. 

SEC. 8404. Extension of requirement for air carriers to honor tickets fo

air passenger service. 

TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY

SHORT TITLE

SEC. 1001. 

This title may be cited as the “National Security Intelligence Reform A

2004”.

SUBTITLE A—ESTABLISHMENT OF DIRECTOR OF NATIONAL INTE

REORGANIZATION AND IMPROVEMENT OF 

MANAGEMENT OF INTELLIGENCE COMMUNITY

SEC. 1011. 

(a) IN GENERAL.—Title I of the National Security Act of 1947 (50 U.

et seq.) is amended by striking sections 102 through 104 and inserting 

following new sections: 
124

(2) during an extended period of unprecedented investment an

improvements in technical collection means, the human intell

capabilities of the United States have not received the necessa

commensurate priorities; 

(3) human intelligence is becoming an increasingly important 

to provide information on the asymmetric threats to the nation

of the United States; 

(4) the continued development and improvement of a robust a

empowered and flexible human intelligence work force is crit

identifying, understanding, and countering the plans and inten

adversaries of the United States; and 

(5) an increased emphasis on, and resources applied to, enhan

depth and breadth of human intelligence capabilities of the Un

intelligence community must be among the top priorities of th

of National Intelligence. 

(c) TRANSFORMATION OF CENTRAL INTELLIGENCE AGENCY.—The D

the Central Intelligence Agency shall, in accordance with standards de

the Director in consultation with the Director of National Intelligence— 

(1) enhance the analytic, human intelligence, and other capab

Central Intelligence Agency; 

(2) develop and maintain an effective language program withi

Agency; 

(3) emphasize the hiring of personnel of diverse backgrounds 

purposes of improving the capabilities of the Agency; 

(4) establish and maintain effective relationships between hum

intelligence and signals intelligence within the Agency at the 

level; and 

(5) achieve a more effective balance within the Agency with r

unilateral operations and liaison operations. 

(d) REPORT.—(1) Not later than 180 days after the date of the enactm

Act, the Director of the Central Intelligence Agency shall submit to th

of National Intelligence and the congressional intelligence committee

setting forth the following: 

(A) A strategy for improving the conduct of analysis 

strategic analysis) by the Central Intelligence Agency

progress of the Agency in implementing that strategy
125

to implement that strategy; 

(ii) include a plan for the recruitment, training

equipping, and deployment of such personnel

(iii) set forth an estimate of the costs of such 

(B) If as of the date of the report under paragraph (1), 

balance does not exist between unilateral operations a

operations, such report shall set forth the steps to be t

achieve such balance. 

REVISED DEFINITION OF NATIONAL INTELLIGENCE

SEC. 1012. 

Paragraph (5) of section 3 of the National Security Act of 1947 (50 U

§401a) is amended to read as follows: 

“(5) The terms “national intelligence” and “intelligence relate

national security” refer to all intelligence, regardless of the so

which derived and including information gathered within or o

United States, that— 

“(A) pertains, as determined consistent with any guid

by the President, to more than one United States Gov

agency; and 

“(B) that involves— 

“(i) threats to the United States, its people, pr

interests;

“(ii) the development, proliferation, or use of 

mass destruction; or 

“(iii) any other matter bearing on United Stat

or homeland security.”. 

JOINT PROCEDURES FOR OPERATIONAL COORDINATION BET

DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE AG

SEC. 1013. 

 (a) Development of Procedures- The Director of National Intelligenc

consultation with the Secretary of Defense and the Director of the Cen
126

(1) Methods by which the Director of the Central Intelligence 

and the Secretary of Defense can improve communication and 

coordination in the planning, execution, and sustainment of op

including, as a minimum— 

(A) information exchange between senior officials of 

Intelligence Agency and senior officers and officials 

Department of Defense when planning for such an op

commences by either organization; and 

(B) exchange of information between the Secretary an

Director of the Central Intelligence Agency to ensure 

operational officials in both the Department of Defen

Central Intelligence Agency have knowledge of the e

the ongoing operations of the other. 

(2) When appropriate, in cases where the Department of Defe

Central Intelligence Agency are conducting separate missions 

same geographical area, a mutual agreement on the tactical an

objectives for the region and a clear delineation of operationa

responsibilities to prevent conflict and duplication of effort. 

(b) Implementation Report- Not later than 180 days after the date of th

enactment of the Act, the Director of National Intelligence shall subm

congressional defense committees (as defined in section 101 of title 1

States Code) and the congressional intelligence committees (as define

3(7) of the National Security Act of 1947 (50 U.S.C. §401a(7))) a rep

describing the procedures established pursuant to subsection (a) and th

the implementation of those procedures. 

ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN

APPOINTMENT OF CERTAIN OFFICIALS RESPONSIBLE

FOR INTELLIGENCE-RELATED ACTIVITIES

SEC. 1014. 

Section 106 of the National Security Act of 1947 (50 U.S.C. §403-6) 

by striking all after the heading and inserting the following: 

[amendments omitted here – see the National Security Act of 1947 in 
127

Director of National Intelligence.. 

(b) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 of title 5, United 

Code, is amended by adding at the end the following new items: 

“Principal Deputy Director of National Intelligence. 

“Director of the National Counterterrorism Center. 

“Director of the National Counter Proliferation Center.”. 

(c) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 of title 5, United 

Code, is amended— 

(1) by striking the item relating to the Assistant Directors of C

Intelligence; and 

(2) by adding at the end the following new item: 

“General Counsel of the Office of the National Intelligence D

INFORMATION SHARING

SEC. 1016. 

 (a) DEFINITIONS.—In this section: 

(1) HOMELAND SECURITY INFORMATION.—The term “homel

security information” has the meaning given that term in secti

of the Homeland Security Act of 2002 (6 U.S.C. §482(f)). 

(2) INFORMATION SHARING COUNCIL.—The term “Informatio

Council” means the Information Systems Council established 

Executive Order 13356, or any successor body designated by 

President, and referred to under subsection (g). 

(3) INFORMATION SHARING ENVIRONMENT; ISE.—The terms 

“information sharing environment” and “ISE” mean an appro

facilitates the sharing of terrorism and homeland security info

which may include any method determined necessary and app

carrying out this section. 

(4) PROGRAM MANAGER.—The term “program manager” me

program manager designated under subsection (f). 
128

support, or activities of foreign or internation

groups or individuals, or of domestic groups 

individuals involved in transnational terrorism

(ii) threats posed by such groups or individua

United States, United States persons, or Unite

interests, or to those of other nations; 

(iii) communications of or by such groups or 

or

(iv) groups or individuals reasonably believed 

assisting or associated with such groups or in

and

(B) includes weapons of mass destruction information

(6) WEAPONS OF MASS DESTRUCTION INFORMATION.—The t

“weapons of mass destruction information” means informatio

reasonably be expected to assist in the development, prolifera

of a weapon of mass destruction (including a chemical, biolog

radiological, or nuclear weapon) that could be used by a terro

organization against the United States, including information 

location of any stockpile of nuclear materials that could be ex

use in such a weapon that could be used by a terrorist or a terr

organization against the United States. 

(b) INFORMATION SHARING ENVIRONMENT.—

(1) ESTABLISHMENT.—The President shall— 

(A) create an information sharing environment for the 

terrorism information in a manner consistent with nat

security and with applicable legal standards relating t

and civil liberties; 

(B) designate the organizational and management stru

will be used to operate and manage the ISE; and 

(C) determine and enforce the policies, directives, and 

will govern the content and usage of the ISE. 

(2) ATTRIBUTES.—The President shall, through the structures 

in subparagraphs (B) and (C) of paragraph (1), ensure that the 

provides and facilitates the means for sharing terrorism inform

among all appropriate Federal, State, local, and tribal entities, 

private sector through the use of policy guidelines and techno
129

appropriate, with the private sector; 

(B) ensures direct and continuous online electronic ac

information; 

(C) facilitates the availability of information in a form 

manner that facilitates its use in analysis, investigatio

operations;

(D) builds upon existing systems capabilities currentl

across the Government; 

(E) employs an information access management appr

controls access to data rather than just systems and ne

without sacrificing security; 

(F) facilitates the sharing of information at and across 

of security; 

(G) provides directory services, or the functional equi

locating people and information; 

(H) incorporates protections for individuals’ privacy a

liberties;

(I) incorporates strong mechanisms to enhance accoun

and facilitate oversight, including audits, authenticati

access controls; 

(J) integrates the information within the scope of the 

sharing environment, including any such information 

technologies;

(K) integrates technologies, including all legacy techn

through Internet-based services, consistent with appro

security protocols and safeguards, to enable connectiv

required users at the Federal, State, and local levels; 

(L) allows the full range of analytic and operational a

without the need to centralize information within the 

information sharing environment; 

(M) permits analysts to collaborate both independentl

group (commonly known as “collective and non-colle

collaboration”), and across multiple levels of national 

information and controlled classified information; 

(N) provides a resolution process that enables change

authorized officials regarding rules and policies for th
130

Information Sharing Council— 

(1) submit to the President and Congress a description of the 

technological, legal, and policy issues presented by the creatio

ISE, and the way in which these issues will be addressed; 

(2) establish an initial capability to provide electronic director

or the functional equivalent, to assist in locating in the Federa

Government intelligence and terrorism information and peopl

relevant knowledge about intelligence and terrorism informat

(3) conduct a review of relevant current Federal agency capab

databases, and systems for sharing information. 

(d) GUIDELINES AND REQUIREMENTS.—As soon as possible, but in no 

than 270 days after the date of the enactment of this Act, the Presiden

(1) leverage all ongoing efforts consistent with establishing th

issue guidelines for acquiring, accessing, sharing, and using in

including guidelines to ensure that information is provided in 

shareable form, such as by using tearlines to separate out data 

sources and methods by which the data are obtained; 

(2) in consultation with the Privacy and Civil Liberties Overs

established under section 1061, issue guidelines that— 

(A) protect privacy and civil liberties in the developm

of the ISE; and 

(B) shall be made public, unless nondisclosure is clea

necessary to protect national security; and 

(3) require the heads of Federal departments and agencies to p

culture of information sharing by— 

(A) reducing disincentives to information sharing, inc

over-classification of information and unnecessary re

for originator approval, consistent with applicable law

regulations; and 

(B) providing affirmative incentives for information s

(e) IMPLEMENTATION PLAN REPORT.—Not later than one year after th

the enactment of this Act, the President shall, with the assistance of th

manager, submit to Congress a report containing an implementation p

ISE. The report shall include the following: 

(1) A description of the functions, capabilities, resources, and 

design of the ISE, including standards. 
131

(5) The policies and directives referred to in subsection (b)(1)

as the metrics and enforcement mechanisms that will be utiliz

(6) Objective, systemwide performance measures to enable th

assessment of progress toward achieving the full implementat

ISE.

(7) A description of the training requirements needed to ensur

ISE will be adequately implemented and properly utilized. 

(8) A description of the means by which privacy and civil libe

be protected in the design and operation of the ISE. 

(9) The recommendations of the program manager, in consult

the Information Sharing Council, regarding whether, and und

conditions, the ISE should be expanded to include other intell

information. 

(10) A delineation of the roles of the Federal departments and 

that will participate in the ISE, including an identification of t

that will deliver the infrastructure needed to operate and mana

(as distinct from individual department or agency components 

part of the ISE), with such delineation of roles to be consisten

(A) the authority of the Director of National Intelligen

this title, and the amendments made by this title, to se

for information sharing throughout the intelligence co

and

(B) the authority of the Secretary of Homeland Secur

Attorney General, and the role of the Department of H

Security and the Attorney General, in coordinating w

local, and tribal officials and the private sector. 

(11) The recommendations of the program manager, in consu

the Information Sharing Council, for a future management str

the ISE, including whether the position of program manager s

continue to remain in existence. 

(f) PROGRAM MANAGER.—

(1) DESIGNATION.—Not later than 120 days after the date of t

enactment of this Act, with notification to Congress, the Presi

designate an individual as the program manager responsible f

information sharing across the Federal Government. The indiv

designated as the program manager shall serve as program ma
132

destruction information, by all Federal departments, agencies

components, irrespective of the Federal department, agency, o

component in which the program manager may be administra

located, except as provided by law. 

(2) DUTIES AND RESPONSIBILITIES.—

(A) IN GENERAL.—The program manager shall, in co

with the Information Sharing Council— 

(i) plan for and oversee the implementation o

manage, the ISE; 

(ii) assist in the development of policies, as a

to foster the development and proper operatio

ISE;

(iii) consistent with the direction and policies 

the President, the Director of National Intellig

the Director of the Office of Management and 

issue governmentwide procedures, guidelines

instructions, and functional standards, as appr

the management, development, and proper op

the ISE; 

(iv) identify and resolve information sharing 

between Federal departments, agencies, and 

components; and 

(v) assist, monitor, and assess the implementa

ISE by Federal departments and agencies to e

adequate progress, technological consistency 

compliance; and regularly report the findings 

Congress.

(B) CONTENT OF POLICIES, PROCEDURES, GUIDELINE

AND STANDARDS.—The policies, procedures, guideli

and standards under subparagraph (A)(ii) shall— 

(i) take into account the varying missions and 

requirements of agencies participating in the 

(ii) address development, implementation, an

of technical standards and requirements; 
133

security community and the law enforcement 

community; 

(v) address and facilitate information sharing 

Federal departments and agencies and State, t

local governments; 

(vi) address and facilitate, as appropriate, info

sharing between Federal departments and age

the private sector; 

(vii) address and facilitate, as appropriate, inf

sharing between Federal departments and age

foreign partners and allies; and 

(viii) ensure the protection of privacy and civ

(g) INFORMATION SHARING COUNCIL.— 

(1) ESTABLISHMENT.—There is established an Information Sh

Council that shall assist the President and the program manag

duties under this section. The Information Sharing Council sh

until removed from service and replaced by the President (at t

discretion of the President) with a successor body. 

(2) SPECIFIC DUTIES.—In assisting the President and the prog

manager in their duties under this section, the Information Sh

Council shall— 

(A) advise the President and the program manager in 

policies, procedures, guidelines, roles, and standards 

to establish, implement, and maintain the ISE; 

(B) work to ensure coordination among the Federal d

and agencies participating in the ISE in the establishm

implementation, and maintenance of the ISE; 

(C) identify and, as appropriate, recommend the cons

and elimination of current programs, systems, and pro

used by Federal departments and agencies to share in

and recommend, as appropriate, the redirection of exi

resources to support the ISE; 

(D) identify gaps, if any, between existing technologi

programs and systems used by Federal departments a

to share information and the parameters of the propos

information sharing environment; 
134

(G) assist the program manager in identifying and res

information sharing disputes between Federal departm

agencies, and components; 

(H) identify appropriate personnel for assignment to t

manager to support staffing needs identified by the pr

manager; and 

(I) recommend whether or not, and by which means, t

should be expanded so as to allow future expansion 

encompassing other relevant categories of informatio

(3) CONSULTATION.—In performing its duties, the Informatio

Council shall consider input from persons and entities outside 

Government having significant experience and expertise in po

technical matters, and operational matters relating to the ISE. 

(4) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE AC

Information Sharing Council (including any subsidiary group 

Information Sharing Council) shall not be subject to the requi

the Federal Advisory Committee Act (5 U.S.C. App.). 

(5) DETAILEES.—Upon a request by the Director of National 

Intelligence, the departments and agencies represented on the 

Information Sharing Council shall detail to the program mana

reimbursable basis, appropriate personnel identified under par

(2)(H).

(h) PERFORMANCE MANAGEMENT REPORTS.—

(1) IN GENERAL.—Not later than two years after the date of th

enactment of this Act, and not later than June 30 of each year 

the President shall submit to Congress a report on the state of 

of information sharing across the Federal Government. 

(2) CONTENT.—Each report under this subsection shall includ

(A) a progress report on the extent to which the ISE h

implemented, including how the ISE has fared on the 

performance measures and whether the performance g

the preceding year have been met; 

(B) objective system-wide performance goals for the 

year; 

(C) an accounting of how much was spent on the ISE 

preceding year; 
135

removing individuals from, the watch lists, including 

availability of processes for correcting errors; 

(F) the extent to which State, tribal, and local official

participating in the ISE; 

(G) the extent to which private sector data, including 

from owners and operators of critical infrastructure, i

incorporated in the ISE, and the extent to which indiv

entities outside the government are receiving informa

through the ISE; 

(H) the measures taken by the Federal government to 

accuracy of information in the ISE, in particular the a

information about individuals; 

(I) an assessment of the privacy and civil liberties pro

the ISE, including actions taken in the preceding year 

implement or enforce privacy and civil liberties prote

(J) an assessment of the security protections used in th

(i) AGENCY RESPONSIBILITIES.—The head of each department or age

possesses or uses intelligence or terrorism information, operates a sys

ISE, or otherwise participates (or expects to participate) in the ISE sha

(1) ensure full department or agency compliance with informa

sharing policies, procedures, guidelines, rules, and standards e

under subsections (b) and (f); 

(2) ensure the provision of adequate resources for systems and 

supporting operation of and participation in the ISE; 

(3) ensure full department or agency cooperation in the develo

the ISE to implement government-wide information sharing; 

(4) submit, at the request of the President or the program man

reports on the implementation of the requirements of the ISE 

department or agency. 

(j) REPORT ON THE INFORMATION SHARING ENVIRONMENT.—

(1) IN GENERAL.—Not later than 180 days after the date of en

the Implementing Recommendations of the 9/11 Commission 

2007, the President shall report to the Committee on Homelan

and Governmental Affairs of the Senate, the Select Committe

Intelligence of the Senate, the Committee on Homeland Secur
136

information, terrorism information, and weapons of m

destruction information, between and among participa

information sharing environment, unless the Presiden

(i) specifically exempted categories of inform

such elimination; and 

(ii) reported that exemption to the committee

Congress described in the matter preceding th

subparagraph; and 

(B) continuing to use Federal agency standards in effe

date of enactment for the collection, sharing, and acce

information within the scope of the information sharin

environment, including homeland security informatio

information, and weapons of mass destruction inform

relating to citizens and lawful permanent residents; 

(C) replacing the standards described in subparagraph 

standard that would allow mission-based or threat-bas

permission to access or share information within the s

information sharing environment, including homeland 

information, terrorism information, and weapons of m

destruction information, for a particular purpose that 

Government, through an appropriate process establish

consultation with the Privacy and Civil Liberties Ove

Board established under section 1061, has determined 

lawfully permissible for a particular agency, compone

employee (commonly known as an “authorized use” s

and

(D) the use of anonymized data by Federal departmen

agencies, or components collecting, possessing, disse

or handling information within the scope of the inform

sharing environment, including homeland security inf

terrorism information, and weapons of mass destructi

information, in any cases in which— 

(i) the use of such information is reasonably e

produce results materially equivalent to the u

information that is transferred or stored in a n

anonymized form; and 
137

data in which the individual to whom the data pertains is not i

with reasonable efforts, including information that has been e

hidden through the use of other technology. 

(k) ADDITIONAL POSITIONS.—The program manager is authorized to 

more than 40 full-time employees to assist the program manager in— 

(1) activities associated with the implementation of the inform

sharing environment, including— 

(A) implementing the requirements under subsection 

(B) any additional implementation initiatives to enhan

expedite the creation of the information sharing envir

and

(2) identifying and resolving information sharing disputes bet

Federal departments, agencies, and components under subsec

(f)(2)(A)(iv).

(l) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 

appropriated to carry out this section $30,000,000 for each of fiscal ye

and 2009. 

ALTERNATIVE ANALYSIS OF INTELLIGENCE

BY THE INTELLIGENCE COMMUNITY

SEC. 1017. 

(a) IN GENERAL.—Not later than 180 days after the effective date of th

Director of National Intelligence shall establish a process and assign a

individual or entity the responsibility for ensuring that, as appropriate

of the intelligence community conduct alternative analysis (commonly 

as “red-team analysis”) of the information and conclusions in intellige

products.

(b) REPORT- Not later than 270 days after the effective date of this A

Director of National Intelligence shall provide a report to the Select C

on Intelligence of the Senate and the Permanent Select Committee of 

of Representatives on the implementation of subsection (a). 
138

National Intelligence by this title and the amendments made by this ti

manner that respects and does not abrogate the statutory responsibiliti

heads of the departments of the United States Government concerning 

departments, including, but not limited to: 

(1) the authority of the Director of the Office of Management 

Budget; and 

(2) the authority of the principal officers of the executive depa

heads of their respective departments, including, but not limit

under—

(A) section 199 of the Revised Statutes (22 U.S.C. §2

(B) title II of the Department of Energy Organization 

U.S.C. §7131 et seq.); 

(C) the State Department Basic Authorities Act of 19

(D) section 102(a) of the Homeland Security Act of 2

U.S.C. §112(a)); and 

(E) sections 301 of title 5, 113(b) and 162(b) of title 1

title 28, and 301(b) of title 31, United States Code. 

ASSIGNMENT OF RESPONSIBILITIES RELATING TO ANALYTIC IN

SEC. 1019. 

 (a) ASSIGNMENT OF RESPONSIBILITIES.—For purposes of carrying ou

102A(h) of the National Security Act of 1947 (as added by section 10

Director of National Intelligence shall, not later than 180 days after th

the enactment of this Act, assign an individual or entity to be responsi

ensuring that finished intelligence products produced by any element 

of the intelligence community are timely, objective, independent of po

considerations, based upon all sources of available intelligence, and e

standards of proper analytic tradecraft. 

(b) RESPONSIBILITIES.—(1) The individual or entity assigned respons

under subsection (a)— 

(A) may be responsible for general oversight and man

analysis and production, but may not be directly respo

or involved in, the specific production of any finished 

intelligence product; 
139

subparagraph (B); and 

(D) upon completion of any review under subparagra

draft lessons learned, identify best practices, or make 

recommendations for improvement to the analytic tra

employed in the production of the reviewed product o

(2) Each review under paragraph (1)(B) should— 

(A) include whether the product or products concerne

based on all sources of available intelligence, properl

the quality and reliability of underlying sources, prop

and express uncertainties or confidence in analytic ju

properly distinguish between underlying intelligence 

assumptions and judgments of analysts, and incorpora

appropriate, alternative analyses; and 

(B) ensure that the analytic methodologies, tradecraft

practices used by the element or elements concerned 

production of the product or products concerned meet 

standards set forth in subsection (a). 

(3) Information drafted under paragraph (1)(D) should, as app

included in analysis teaching modules and case studies for use 

throughout the intelligence community. 

(c) ANNUAL REPORTS.—Not later than December 1 each year, the Dir

National Intelligence shall submit to the congressional intelligence co

the heads of the relevant elements of the intelligence community, and 

of analytic training departments a report containing a description, and 

associated findings, of each review under subsection (b)(1)(B) during 

(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In this 

term “congressional intelligence committees” means— 

(1) the Select Committee on Intelligence of the Senate; and 

(2) the Permanent Select Committee on Intelligence of the Ho

Representatives. 

SAFEGUARD OF OBJECTIVITY IN INTELLIGENCE ANALYS

SEC. 1020. 

 (a) IN GENERAL.—Not later than 180 days after the effective date of 

Director of National Intelligence shall identify an individual within th
140

Director of National Intelligence shall provide a report to the Select C

on Intelligence of the Senate and the Permanent Select Committee on 

Intelligence of the House of Representatives on the implementation of 

(a).

SUBTITLE B—NATIONAL COUNTERTERRORISM CENTER

NATIONAL COUNTER PROLIFERATION CENTER, AND 

NATIONAL INTELLIGENCE CENTERS

NATIONAL COUNTERTERRORISM CENTER

SEC. 1021. 

Title I of the National Security Act of 1947 (50 U.S.C. §402 et seq.) i

by adding at the end the following new section: 

[amendments omitted here – see the National Security Act of 1947 in 

NATIONAL COUNTER PROLIFERATION CENTER

SEC. 1022. 

Title I of the National Security Act of 1947, as amended by section 10

Act, is further amended by adding at the end the following new sectio

[amendments omitted here – see the National Security Act of 1947 in 

NATIONAL INTELLIGENCE CENTERS

SEC. 1023. 

Title I of the National Security Act of 1947, as amended by section 10

Act, is further amended by adding at the end the following new sectio

[amendments omitted here – see the National Security Act of 1947 in 
141

Title I of the National Security Act of 1947 (50 U.S.C. §402 et seq.) i

by inserting after section 101 the following new section: 

[amendments omitted here – see the National Security Act of 1947 in 

SUBTITLE D—IMPROVEMENT OF EDUCATION FOR 

THE INTELLIGENCE COMMUNITY

ADDITIONAL EDUCATION AND TRAINING REQUIREMENT

SEC. 1041. 

 (a) FINDINGS.—Congress makes the following findings: 

(1) Foreign language education is essential for the developme

highly-skilled workforce for the intelligence community. 

(2) Since September 11, 2001, the need for language proficien

to meet required national security functions has been raised, a

ability to comprehend and articulate technical and scientific in

in foreign languages has become critical. 

(b) LINGUISTIC REQUIREMENTS.—(1) The Director of National Intelli

shall—

(A) identify the linguistic requirements for the Office 

Director of National Intelligence; 

(B) identify specific requirements for the range of lin

skills necessary for the intelligence community, inclu

proficiency in scientific and technical vocabularies of 

foreign languages; and 

(C) develop a comprehensive plan for the Office to m

requirements through the education, recruitment, and 

linguists.

(2) In carrying out activities under paragraph (1), the Director 

into account education grant programs of the Department of D

the Department of Education that are in existence as of the da

enactment of this Act. 

(3) Not later than one year after the date of the enactment of t

annually thereafter, the Director shall submit to Congress a re

requirements identified under paragraph (1), including the suc

Office of the Director of National Intelligence in meeting such 
142

Intelligence shall require the head of each element and component wit

Office of the Director of National Intelligence who has responsibility 

professional intelligence training to periodically review and revise the 

for the professional intelligence training of the senior and intermediat

personnel of such element or component in order to— 

(1) strengthen the focus of such curriculum on the integration 

intelligence collection and analysis throughout the Office; and 

(2) prepare such personnel for duty with other departments, ag

elements of the intelligence community. 

CROSS-DISCIPLINARY EDUCATION AND TRAINING.

SEC. 1042. 

Title X of the National Security Act of 1947 (50 U.S.C. §441g) is ame

adding at the end the following new section: 

[amendments omitted here – see the National Security Act of 1947 in 

INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM

SEC. 1043. 

Title X of the National Security Act of 1947, as amended by section 1

Act, is further amended by adding at the end the following new sectio

[amendments omitted here – see the National Security Act of 1947 in 

SUBTITLE E—ADDITIONAL IMPROVEMENTS OF INTELLIGENCE A

SERVICE AND NATIONAL LABORATORIES AND 

THE INTELLIGENCE COMMUNITY

SEC. 1051. 

The Director of National Intelligence, in cooperation with the Secreta

Defense and the Secretary of Energy, should seek to ensure that each 

laboratory of the Department of Defense and each national laboratory 
143

(2) make available to the intelligence community, on a comm

basis—

(A) the analysis and production services of the servic

national laboratories, in a manner that maximizes the 

and services of such laboratories; and 

(B) the facilities and human resources of the service a

laboratories, in a manner that improves the technolog

capabilities of the intelligence community. 

OPEN SOURCE INTELLIGENCE

SEC. 1052. 

 (a) Sense of Congress- It is the sense of Congress that— 

(1) the Director of National Intelligence should establish an in

center for the purpose of coordinating the collection, analysis

production, and dissemination of open-source intelligence to e

the intelligence community; 

(2) open-source intelligence is a valuable source that must be 

into the intelligence cycle to ensure that United States policym

fully and completely informed; and 

(3) the intelligence center should ensure that each element of 

intelligence community uses open-source intelligence consist

mission of such element. 

(b) REQUIREMENT FOR EFFICIENT USE BY INTELLIGENCE COMMUNIT

SOURCE INTELLIGENCE.—The Director of National Intelligence shall 

the intelligence community makes efficient and effective use of open-

information and analysis. 

(c) Report- Not later than June 30, 2005, the Director of National Inte

shall submit to the congressional intelligence committees a report con

decision of the Director as to whether an open-source intelligence cen

established. If the Director decides not to establish an open-source int

center, such report shall also contain a description of how the intellige

community will use open-source intelligence and effectively integrate 

source intelligence into the national intelligence cycle. 

(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In this 

term “congressional intelligence committees’ means— 
144

SEC. 1053. 

 (a) ESTABLISHMENT.—The Director of National Intelligence may pro

the establishment and training of a National Intelligence Reserve Corp

section referred to as “National Intelligence Reserve Corps”) for the te

reemployment on a voluntary basis of former employees of elements o

intelligence community during periods of emergency, as determined b

Director.

(b) ELIGIBLE INDIVIDUALS.—An individual may participate in the Na

Intelligence Reserve Corps only if the individual previously served as 

employee of an element of the intelligence community. 

(c) TERMS OF PARTICIPATION.—The Director of National Intelligence 

prescribe the terms and conditions under which eligible individuals m

participate in the National Intelligence Reserve Corps. 

(d) EXPENSES.—The Director of National Intelligence may provide m

the National Intelligence Reserve Corps transportation and per diem in 

subsistence for purposes of participating in any training that relates to 

a member of the Reserve Corps. 

(e) TREATMENT OF ANNUITANTS.—(1) If an annuitant receiving an an

the Civil Service Retirement and Disability Fund becomes temporarily 

reemployed pursuant to this section, such annuity shall not be discont

thereby. 

(2) An annuitant so reemployed shall not be considered an em

the purposes of chapter 83 or 84 of title 5, United States Code

(f) TREATMENT UNDER OFFICE OF DIRECTOR OF NATIONAL INTELLIG

PERSONNEL CEILING.—A member of the National Intelligence Reserv

who is reemployed on a temporary basis pursuant to this section shall 

against any personnel ceiling applicable to the Office of the Director o

Intelligence.
145

 (a) FINDINGS.—Consistent with the report of the National Commissio

Terrorist Attacks Upon the United States, Congress makes the followi

findings:

(1) In conducting the war on terrorism, the Federal Governme

need additional powers and may need to enhance the use of it

powers.

(2) This potential shift of power and authority to the Federal G

calls for an enhanced system of checks and balances to protec

precious liberties that are vital to our way of life. 

(b) ESTABLISHMENT OF BOARD.—There is established within the Exe

Office of the President a Privacy and Civil Liberties Oversight Board 

in this section as the “Board”). 

(c) FUNCTIONS.—

(1) ADVICE AND COUNSEL ON DEVELOPMENT OF POLICY.—F

purpose of providing advice to the President or to the head of 

department or agency of the executive branch, the Board shal

(A) review proposed regulations and executive branch 

related to efforts to protect the Nation from terrorism

the development and adoption of information sharing 

under subsections (d) and (f) of section 1016; 

(B) review the implementation of laws, regulations, a

executive branch policies related to efforts to protect 

from terrorism, including the implementation of infor

sharing guidelines under subsections (d) and (f) of sec

(C) advise the President and the head of any departme

agency of the executive branch to ensure that privacy 

liberties are appropriately considered in the developm

implementation of such regulations and executive bra

policies; and 

(D) in providing advice on proposals to retain or enha

particular governmental power, consider whether the 

agency, or element of the executive branch concerned 

explained—

(i) that there is adequate supervision of the us

executive branch of the power to ensure prote

privacy and civil liberties; 
146

(2) OVERSIGHT.—The Board shall continually review— 

(A) regulations, executive branch policies, and proced

(including the implementation of such regulations, po

procedures), related laws pertaining to efforts to prote

Nation from terrorism, and other actions by the execu

related to efforts to protect the Nation from terrorism 

that privacy and civil liberties are protected; and 

(B) the information sharing practices of the departme

agencies, and elements of the executive branch to det

whether or not such practices appropriately protect pr

civil liberties and adhere to the information sharing g

under subsections (d) and (f) of section 1016 and to o

applicable laws, regulations, and executive branch po

regarding the protection of privacy and civil liberties. 

(3) SCOPE.—The Board shall ensure that concerns with respec

privacy and civil liberties are appropriately considered in the 

implementation of laws, regulations, and executive branch po

related to efforts to protect the Nation against terrorism. 

(4) REPORTS TO CONGRESS.—Not less frequently than annual

Board shall prepare a report to Congress, unclassified to the g

extent possible (with a classified annex, if necessary), on the B

major activities during the preceding period. 

(d) ACCESS TO INFORMATION.—

(1) AUTHORIZATION.—If determined by the Board to be nece

carry out its responsibilities under this section, the Board is au

to the extent permitted by law, to— 

(A) have access from any department or agency of th

branch, or any Federal officer or employee of any suc

department or agency, to all relevant records, reports, 

reviews, documents, papers, recommendations, or oth

material, including classified information consistent w

applicable law; 

(B) interview or take statements from officers of any 

or agency of the executive branch; 

(C) request information or assistance from any State, 

local government; and 
147

request, notify the Attorney General of such persons 

comply with such request, which notice shall include 

information. 

(2) PRODUCTION OF INFORMATION AND EVIDENCE.—

(A) EXPLANATION OF NONCOMPLIANCE.—Upon rece

notification under paragraph (1)(D)(ii) regarding a req

Attorney General shall provide an opportunity for the 

subject to the request to explain the reasons for not co

with the request. 

(B) ACTION BY ATTORNEY GENERAL.—Upon receivi

notification under paragraph (1)(D)(ii) regarding a req

Attorney General shall review the request and may ta

steps as appropriate to ensure compliance with the req

information, documents, reports, answers, records, ac

papers, and other documentary and testimonial eviden

by the request. 

(3) AGENCY COOPERATION.—Whenever information or assis

requested under subparagraph (A) or (B) of paragraph (1) is, i

judgment of the Board, unreasonably refused or not provided, 

shall report the circumstances to the head of the department o

concerned without delay. If the requested information or assis

be provided to the Board in accordance with applicable law, t

the department or agency concerned shall ensure compliance 

request.

(4) EXCEPTIONS FOR NATIONAL SECURITY.—

(A) IN GENERAL.—If the National Intelligence Direct

consultation with the Attorney General, determines th

necessary to withhold information requested under pa

to protect the national security interests of the United 

head of the department or agency concerned shall not 

such information to the Board. 

(B) CERTAIN INFORMATION.—If the Attorney Genera

determines that it is necessary to withhold informatio

under paragraph (3) from disclosure to protect sensiti

enforcement or counterterrorism information or ongo
148

President.

(B) CHAIRMAN AND VICE CHAIRMAN.—The chairma

chairman shall each be appointed by the President, by 

the advice and consent of the Senate. 

(C) APPOINTMENT REQUIREMENTS.—Any individual 

to the Board shall be appointed from among trustwort

distinguished citizens outside the Federal Governmen

qualified on the basis of achievement, experience, and 

independence.

(D) FULL-TIME SERVICE OF CHAIRMAN.—chairman m

on a full-time basis. 

(E) SERVICE AT PLEASURE OF PRESIDENT.—The chai

chairman, and other members of the Board shall each 

pleasure of the President. 

(2) INCOMPATIBLE OFFICE.—An individual appointed to the B

not, while serving on the Board, be an elected official, officer

employee of the Federal Government, other than in the capaci

member of the Board. 

(3) QUORUM AND MEETINGS.—The Board shall meet upon th

the chairman or a majority of its members. Three members of 

shall constitute a quorum. 

(f) COMPENSATION AND TRAVEL EXPENSES.—

(1) COMPENSATION.—

(A) CHAIRMAN ON FULL-TIME BASIS.—If the chairm

on a full-time basis, the rate of pay for the chairman s

annual rate of basic pay in effect for a position at leve

Executive Schedule under section 5314 of title 5, Uni

Code.

(B) CHAIRMAN AND VICE CHAIRMAN ON PART-TIME 

The chairman, if serving on a part-time basis, and the 

chairman shall be compensated at a rate equal to the d

equivalent of the annual rate of basic pay in effect for 

at level III of the Executive Schedule under section 5

5, United States Code, for each day during which suc

engaged in the actual performance of the duties of the 
149

(2) TRAVEL EXPENSES.—Members of the Board shall be allow

expenses, including per diem in lieu of subsistence, at rates au

for persons employed intermittently by the Federal Governme

section 5703(b) of title 5, United States Code, while away fro

homes or regular places of business in the performance of ser

the Board. 

(g) STAFF.—

(1) APPOINTMENT AND COMPENSATION.—The chairman, in a

with rules agreed upon by the Board, shall appoint and fix the 

compensation of an executive director and such other personn

be necessary to enable the Board to carry out its functions, wi

regard to the provisions of title 5, United States Code, govern

appointments in the competitive service, and without regard t

provisions of chapter 51 and subchapter III of chapter 53 of su

relating to classification and General Schedule pay rates, exce

rate of pay fixed under this subsection may exceed the equiva

payable for a position at level V of the Executive Schedule un

5316 of title 5, United States Code. 

(2) DETAILEES.—Federal employees may be detailed to the B

without reimbursement from the Board, and such detailee sha

rights, status, and privileges of the detailee’s regular employm

without interruption. 

(3) CONSULTANT SERVICES.—The Board may procure the tem

intermittent services of experts and consultants in accordance 

section 3109 of title 5, United States Code, at rates that do no

daily rate paid a person occupying a position at level IV of the 

Schedule under section 5315 of such title. 

(h) SECURITY CLEARANCES.—The appropriate departments and agenc

executive branch shall cooperate with the Board to expeditiously prov

members and staff with appropriate security clearances to the extent p

under applicable procedures and requirements. Promptly upon comme

work, the Board shall adopt, after consultation with the Secretary of D

Attorney General, and the National Intelligence Director, rules and pr

the Board for physical, communications, computer, document, person

other security in relation to the work of the Board. 

(i) APPLICABILITY OF CERTAIN LAWS.—
150

(j) CONSTRUCTION.—Except as otherwise provided in this section, no

this section shall be construed to require any consultation with the Bo

department or agency of the executive branch or any Federal officer o

or any waiting period that must be observed by any department or age

executive branch or any Federal officer or employee, before developin

proposing, or implementing any legislation, law, regulation, policy, or 

related to efforts to protect the Nation from terrorism. 

(k) PRESIDENTIAL RESPONSIBILITY.—The Board shall perform its fun

within the executive branch and under the general supervision of the P

(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to b

appropriated such sums as may be necessary to carry out this section. 

SENSE OF CONGRESS ON DESIGNATION OF 

PRIVACY AND CIVIL LIBERTIES OFFICERS

SEC. 1062. 

It is the sense of Congress that each executive department or agency w

enforcement or antiterrorism functions should designate a privacy and 

liberties officer. 

SUBTITLE G—CONFORMING AND OTHER AMENDMENT

CONFORMING AMENDMENTS RELATING TO ROLES OF 

DIRECTOR OF NATIONAL INTELLIGENCE AND

DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

SEC. 1071. 

 (a) NATIONAL SECURITY ACT OF 1947.—(1) The National Security A

(50 U.S.C. §401 et seq.) is amended by striking “Director of Central I

each place it appears in the following provisions and inserting “Direct

National Intelligence”: 

(A) Section 101(h)(2)(A) (50 U.S.C. §402(h)(2)(A)). 

(B) Section 101(h)(5) (50 U.S.C. §402(h)(5)). 

(C) Section 101(i)(2)(A) (50 U.S.C. §402(i)(2)(A)). 

(D) Section 101(j) (50 U.S.C. §402(j)). 

(E) Section 105(a) (50 U.S.C. §403-5(a)). 
151

(K) Section 112(a)(1) (50 U.S.C. §404g(a)(1)). 

(L) Section 112(d)(1) (50 U.S.C. §404g(d)(1)). 

(M) Section 113(b)(2)(A) (50 U.S.C. §404h(b)(2)(A)

(N) Section 114(a)(1) (50 U.S.C. §404i(a)(1)). 

(O) Section 114(b)(1) (50 U.S.C. §404i(b)(1)). 

(P) Section 115(a)(1) (50 U.S.C. §404j(a)(1)). 

(Q) Section 115(b) (50 U.S.C. §404j(b)). 

(R) Section 115(c)(1)(B) (50 U.S.C. §404j(c)(1)(B)). 

(S) Section 116(a) (50 U.S.C. §404k(a)). 

(T) Section 117(a)(1) (50 U.S.C. §404l(a)(1)). 

(U) Section 303(a) (50 U.S.C. §405(a)), both places i

(V) Section 501(d) (50 U.S.C. §413(d)). 

(W) Section 502(a) (50 U.S.C. §413a(a)). 

(X) Section 502(c) (50 U.S.C. §413a(c)). 

(Y) Section 503(b) (50 U.S.C. §413b(b)). 

(Z) Section 504(a)(3)(C) (50 U.S.C. §414(a)(3)(C)). 

(AA) Section 504(d)(2) (50 U.S.C. §414(d)(2)). 

(BB) Section 506A(a)(1) (50 U.S.C. §415a-1(a)(1)). 

(CC) Section 603(a) (50 U.S.C. §423(a)). 

(DD) Section 702(a)(1) (50 U.S.C. §432(a)(1)). 

(EE) Section 702(a)(6)(B)(viii) (50 U.S.C. §432(a)(6)

(FF) Section 702(b)(1) (50 U.S.C. §432(b)(1)), both p

appears.

(GG) Section 703(a)(1) (50 U.S.C. §432a(a)(1)). 

(HH) Section 703(a)(6)(B)(viii) (50 U.S.C. §432a(a)(

(II) Section 703(b)(1) (50 U.S.C. §432a(b)(1)), both p

appears.

(JJ) Section 704(a)(1) (50 U.S.C. §432b(a)(1)). 

(KK) Section 704(f)(2)(H) (50 U.S.C. §432b(f)(2)(H)

(LL) Section 704(g)(1)) (50 U.S.C. §432b(g)(1)), bot

appears.

(MM) Section 1001(a) (50 U.S.C. §441g(a)). 

(NN) Section 1102(a)(1) (50 U.S.C. §442a(a)(1)). 

(OO) Section 1102(b)(1) (50 U.S.C. §442a(b)(1)). 

(PP) Section 1102(c)(1) (50 U.S.C. §442a(c)(1)). 

(QQ) Section 1102(d) (50 U.S.C. §442a(d)). 
152

(3) That Act is further amended by striking Director each p

appears in the following provisions and inserting “Director of 

Intelligence”: 

(A) Section 114(c) (50 U.S.C. §404i(c)). 

(B) Section 116(b) (50 U.S.C. §404k(b)). 

(C) Section 1001(b) (50 U.S.C. §441g(b)). 

(D) Section 1001(c) (50 U.S.C. §441g(c)), the first pl

appears.

(E) Section 1001(d)(1)(B) (50 U.S.C. §441g(d)(1)(B)

(F) Section 1001(e) (50 U.S.C. §441g(e)), the first pla

appears.

(4) Section 114A of that Act (50 U.S.C. §404i-1) is amended 

“Director of Central Intelligence” and inserting “Director of N

Intelligence, the Director of the Central Intelligence Agency” 

(5) Section 504(a)(2) of that Act (50 U.S.C. §414(a)(2)) is am

striking “Director of Central Intelligence” and inserting “Dire

Central Intelligence Agency”. 

(6) Section 701 of that Act (50 U.S.C. §431) is amended— 

(A) in subsection (a), by striking “Operational files of 

Central Intelligence Agency may be exempted by the 

Central Intelligence” and inserting “The Director of th

Intelligence Agency, with the coordination of the Dir

National Intelligence, may exempt operational files o

Central Intelligence Agency”; and 

(B) in subsection (g)(1), by striking “Director of Cent

Intelligence” and inserting “Director of the Central In

Agency and the Director of National Intelligence”. 

(7) The heading for section 114 of that Act (50 U.S.C. §404i) 

to read as follows: 

“ADDITIONAL ANNUAL REPORTS FROM

THE DIRECTOR OF NATIONAL INTELLIGENCE”.

(b) CENTRAL INTELLIGENCE AGENCY ACT OF 1949.—(1) The Central 

Intelligence Agency Act of 1949 (50 U.S.C. §403a et seq.) is amended 
153

(A) Section 2 (50 U.S.C. §403b). 

(B) Section 16(c)(1)(B) (50 U.S.C. §403p(c)(1)(B)). 

(C) Section 17(d)(1) (50 U.S.C. §403q(d)(1)). 

(D) Section 20(c) (50 U.S.C. §403t(c)). 

(3) That Act is further amended by striking “Director of Centr

Intelligence” each place it appears in the following provisions 

inserting “Director of the Central Intelligence Agency”: 

(A) Section 14(b) (50 U.S.C. §403n(b)). 

(B) Section 16(b)(2) (50 U.S.C. §403p(b)(2)). 

(C) Section 16(b)(3) (50 U.S.C. §403p(b)(3)), both pl

appears.

(D) Section 21(g)(1) (50 U.S.C. §403u(g)(1)). 

(E) Section 21(g)(2) (50 U.S.C. §403u(g)(2)). 

(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.—Section 10

Central Intelligence Agency Retirement Act (50 U.S.C. §2001) is ame

striking paragraph (2) and inserting the following new paragraph (2): 

“(2) DIRECTOR.—The term “Director” means the Director of 

Intelligence Agency.”. 

(d) CIA VOLUNTARY SEPARATION PAY ACT.—Subsection (a)(1) of se

the Central Intelligence Agency Voluntary Separation Pay Act (50 U.

note) is amended to read as follows: 

“(1) the term “Director” means the Director of the Central Int

Agency;”. 

(e) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.—(1) The F

Intelligence Surveillance Act of 1978 (50 U.S.C. §1801 et seq.) is am

striking “Director of Central Intelligence” each place it appears and in

“Director of National Intelligence”. 

(f) CLASSIFIED INFORMATION PROCEDURES ACT.—Section 9(a) of th

Information Procedures Act (5 U.S.C. App.) is amended by striking “D

Central Intelligence” and inserting “Director of National Intelligence”

(g) INTELLIGENCE AUTHORIZATION ACTS.—
154

of Central Intelligence, acting as the head of the intelligence 

community,” each place it appears in the following provisions 

inserting “Director of National Intelligence”: 

(i) Section 313(a) (50 U.S.C. §404n(a)). 

(ii) Section 343(a)(1) (50 U.S.C. §404n-2(a)(

(B) That Act is further amended by striking “Director 

Intelligence” each place it appears in the following pr

and inserting “Director of National Intelligence”: 

(i) Section 904(e)(4) (50 U.S.C. §402c(e)(4))

(ii) Section 904(e)(5) (50 U.S.C. §402c(e)(5)

(iii) Section 904(h) (50 U.S.C. §402c(h)), eac

appears.

(iv) Section 904(m) (50 U.S.C. §402c(m)). 

(C) Section 341 of that Act (50 U.S.C. §404n-1) is am

striking “Director of Central Intelligence, acting as th

the intelligence community, shall establish in the Cen

Intelligence Agency” and inserting “Director of Natio

Intelligence shall establish within the Central Intellige

Agency”. 

(D) Section 352(b) of that Act (50 U.S.C. §404-3 note

amended by striking “Director” and inserting “Direct

National Intelligence”. 

(3) PUBLIC LAW 108-177- (A) The Intelligence Authorization 

Fiscal Year 2004 (Public Law 108-177) is amended by strikin

of Central Intelligence” each place it appears in the following 

and inserting “Director of National Intelligence”: 

(i) Section 317(a) (50 U.S.C. §403-3 note). 

(ii) Section 317(h)(1). 

(iii) Section 318(a) (50 U.S.C. §441g note). 

(iv) Section 319(b) (50 U.S.C. §403 note). 

(v) Section 341(b) (28 U.S.C. §519 note). 

(vi) Section 357(a) (50 U.S.C. §403 note). 

(vii) Section 504(a) (117 Stat. 2634), both pla

appears.
155

OTHER CONFORMING AMENDMENTS

SEC. 1072. 

 (a) NATIONAL SECURITY ACT OF 1947.—(1) Section 101(j) of the Na

Security Act of 1947 (50 U.S.C. §402(j)) is amended by striking “Dep

Director of Central Intelligence” and inserting “Principal Deputy Dire

National Intelligence”. 

(2) Section 105(a) of that Act (50 U.S.C. §403-5(a)) is amend

striking “The Secretary” in the matter preceding paragraph (1

inserting “Consistent with sections 102 and 102A, the Secreta

(3) Section 105(b) of that Act (50 U.S.C. §403-5(b)) is amend

striking “103 and 104” in the matter preceding paragraph (1) 

inserting “102 and 102A”. 

(4) Section 112(d)(1) of that Act (50 U.S.C. §404g(d)(1)) is a

striking “section 103(c)(6) of this Act” and inserting “section 

this Act”. 

(5) Section 116(b) of that Act (50 U.S.C. §404k(b)) is amende

striking “to the Deputy Director of Central Intelligence, or wi

to employees of the Central Intelligence Agency, the Director 

delegate such authority to the Deputy Director for Operations

inserting “to the Principal Deputy Director of National Intellig

with respect to employees of the Central Intelligence Agency

Director of the Central Intelligence Agency”. 

(6) Section 506A(b)(1) of that Act (50 U.S.C. §415a-1(b)(1)) 

by striking “Office of the Deputy Director of Central Intellige

inserting “Office of the Director of National Intelligence”. 

(7) Section 701(c)(3) of that Act (50 U.S.C. §431(c)(3)) is am

striking “Office of the Director of Central Intelligence” and in

“Office of the Director of National Intelligence”. 

(8) Section 1001(b) of that Act (50 U.S.C. §441g(b)) is amend

striking “Assistant Director of Central Intelligence for Admin

and inserting “Office of the Director of National Intelligence”

(b) CENTRAL INTELLIGENCE AGENCY ACT OF 1949.—Section 6 of the 

Intelligence Agency Act of 1949 (50 U.S.C. §403g) is amended by str
156

102A(i) of the National Security Act of 1947 (50 U.S.C. §403-3(c)(1)

Director of National Intelligence”. 

(d) INTELLIGENCE AUTHORIZATION ACTS.—

(1) PUBLIC LAW 107-306- (A) Section 343(c) of the Intelligen

Authorization Act for Fiscal Year 2003 (Public Law 107-306

§404n-2(c)) is amended by striking “section 103(c)(6) of the N

Security Act of 1947 (50 U.S.C. §403-3((c)(6))” and inserting 

102A(i) of the National Security Act of 1947 (50 U.S.C. §403

(B)(i) Section 902 of that Act (also known as the 

Counterintelligence Enhancements Act of 2002) (50 U

§402b) is amended by striking “President” each place 

and inserting “Director of National Intelligence”. 

(ii) Section 902(a)(2) of that Act is amended 

“Director of Central Intelligence” and insertin

“Director of the Central Intelligence Agency”

(C) Section 904 of that Act (50 U.S.C. §402c) is amen

(i) in subsection (c), by striking “Office of th

of Central Intelligence” and inserting “Office 

Director of National Intelligence”; and 

(ii) in subsection (l), by striking “Office of th

of Central Intelligence” and inserting “Office 

Director of National Intelligence”. 

(2) PUBLIC LAW 108-177- (A) Section 317 of the Intelligence 

Authorization Act for Fiscal Year 2004 (Public Law 108-177

§403-3 note) is amended— 

(i) in subsection (g), by striking “Assistant D

Central Intelligence for Analysis and Product

inserting “Deputy Director of National Intelli

(ii) in subsection (h)(2)(C), by striking “Assis

Director” and inserting “Deputy Director of N

Intelligence”.

(B) Section 318(e) of that Act (50 U.S.C. §441g note) 

amended by striking “Assistant Director of Central In

for Analysis and Production” and inserting “Deputy D

National Intelligence”. 
157

“(4) The term “intelligence community” includes the followin

“(A) The Office of the Director of National Intelligen

“(B) The Central Intelligence Agency. 

“(C) The National Security Agency. 

“(D) The Defense Intelligence Agency. 

“(E) The National Geospatial-Intelligence Agency. 

“(F) The National Reconnaissance Office. 

“(G) Other offices within the Department of Defense 

collection of specialized national intelligence through 

reconnaissance programs. 

“(H) The intelligence elements of the Army, the Navy

Force, the Marine Corps, the Federal Bureau of Inves

and the Department of Energy. 

“(I) The Bureau of Intelligence and Research of the D

of State. 

“(J) The Office of Intelligence and Analysis of the De

of the Treasury. 

“(K) The elements of the Department of Homeland S

concerned with the analysis of intelligence informatio

including the Office of Intelligence of the Coast Guar

“(L) Such other elements of any other department or 

may be designated by the President, or designated joi

Director of National Intelligence and the head of the d

or agency concerned, as an element of the intelligenc

community.”. 

REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PRO

 AS NATIONAL INTELLIGENCE PROGRAM

SEC. 1074. 

 (a) REDESIGNATION.—Paragraph (6) of section 3 of the National Sec

1947 (50 U.S.C. §401a) is amended by striking “Foreign”. 

(b) CONFORMING AMENDMENTS.—(1)(A) Section 506 of the Nationa

Act of 1947 (50 U.S.C. §415a) is amended— 
158

National Foreign Intelligence Program and 

“National Intelligence Program”; and 

(ii) in the section heading, by striking “FORE

(2) Section 17(f) of the Central Intelligence Agency Act of 19

U.S.C. §403q(f)) is amended by striking “National Foreign In

Program” and inserting “National Intelligence Program”. 

REPEAL OF SUPERSEDED AUTHORITY

SEC. 1075. 

Section 111 of the National Security Act of 1947 (50 U.S.C. §404f) is 

CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 

SEC. 1076. 

The table of contents in the first section of the National Security Act o

amended— 

(1) by striking the items relating to sections 102 through 105 

inserting the following new items: 

“SEC. 101A. Joint Intelligence Community Council. 

“SEC. 102. Director of National Intelligence. 

“SEC. 102A. Responsibilities and authorities of the Director o

Intelligence.

“SEC. 103. Office of the Director of National Intelligence. 

“SEC. 103A. Deputy Directors of National Intelligence. 

“SEC. 103B. National Intelligence Council. 

“SEC. 103C. General Counsel. 

“SEC. 103D. Civil Liberties Protection Officer. 

“SEC. 103E. Director of Science and Technology. 

“SEC. 103F. National Counterintelligence Executive. 

“SEC. 104. Central Intelligence Agency. 

“SEC. 104A. Director of the Central Intelligence Agency. 

“SEC. 105. Responsibilities of the Secretary of Defense pertai

National Intelligence Program.”; 

(2) by striking the item relating to section 111; 
159

(4) by inserting after the item relating to section 118 the follow

items: 

“SEC. 119. National Counterterrorism Center. 

“SEC. 119A. National Counter Proliferation Center. 

“SEC. 119B. National intelligence centers. 

(5) by striking the item relating to section 506 and inserting th

new item: 

“SEC. 506. Specificity of National Intelligence Program budg

for counterterrorism, counterproliferation, counternarcotics, a

counterintelligence.”; 

and

(6) by inserting after the item relating to section 1001 the foll

items: 

“SEC. 1002. Framework for cross-disciplinary education and t

“SEC. 1003. Intelligence Community Scholarship Program.”. 

CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL 

OF THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGEN

SEC. 1077. 

Section 1 of the Central Intelligence Agency Act of 1949 (50 U.S.C. §

amended— 

(1) by redesignating paragraphs (a), (b), and (c) as paragraphs 

and (3), respectively; and 

(2) by striking paragraph (2), as so redesignated, and inserting 

following new paragraph (2): 

“(2) “Director” means the Director of the Central Intelligence Agency
160

“AUTHORITY TO ESTABLISH INSPECTOR GENERAL OF THE OF

OF THE DIRECTOR OF NATIONAL INTELLIGENCE

SEC. 8K. If the Director of National Intelligence determines t

Office of Inspector General would be beneficial to improving 

operations and effectiveness of the Office of the Director of N

Intelligence, the Director of National Intelligence is authorize

establish, with any of the duties, responsibilities, and authorit

in this Act, an Office of Inspector General.”. 

ETHICS MATTERS

SEC. 1079. 

(a) POLITICAL SERVICE OR PERSONNEL.—Section 7323(b)(2)(B)(i) of 

United States Code, is amended— 

(1) in subclause (XII), by striking “or” at the end; and 

(2) by inserting after subclause (XIII) the following new subc

“(XIV) the Office of the Director of National Intellige

(b) DELETION OF INFORMATION ABOUT FOREIGN GIFTS.—Section 73

title 5, United States Code, is amended— 

(1) by inserting “(A)” after “(4)”; 

(2) in subparagraph (A), as so designated, by striking “the Dir

Central Intelligence” and inserting “the Director of the Centra

Intelligence Agency”; and 

(3) by adding at the end the following new subparagraph: 

“(B) In transmitting such listings for the Office of the Director of Nati

Intelligence, the Director of National Intelligence may delete the infor

described in subparagraphs (A) and (C) of paragraphs (2) and (3) if th

certifies in writing to the Secretary of State that the publication of suc

information could adversely affect United States intelligence sources.
161

SEC. 1080. 

Section 113(e) of title 40, United States Code, is amended— 

(1) in paragraph (18), by striking “or” at the end; 

(2) in paragraph (19), by striking the period at the end and ins

or”; and 

(3) by adding at the end the following new paragraph: 

“(20) the Office of the Director of National Intelligence.”. 

GENERAL REFERENCES.

SEC. 1081. 

(a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF INTELLIGENCE 

COMMUNITY.—Any reference to the Director of Central Intelligence 

Director of the Central Intelligence Agency in the Director’s capacity 

of the intelligence community in any law, regulation, document, pape

record of the United States shall be deemed to be a reference to the Di

National Intelligence. 

(b) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF CIA.—Any re

the Director of Central Intelligence or the Director of the Central Intel

Agency in the Director’s capacity as the head of the Central Intelligen

in any law, regulation, document, paper, or other record of the United 

be deemed to be a reference to the Director of the Central Intelligence 

(c) COMMUNITY MANAGEMENT STAFF.—Any reference to the Comm

Management Staff in any law, regulation, document, paper, or other re

United States shall be deemed to be a reference to the staff of the Offi

Director of National Intelligence. 
162

SEC. 1091. 

(a) TRANSFER.—There shall be transferred to the Office of the Directo

National Intelligence such staff of the Community Management Staff 

date of the enactment of this Act as the Director of National Intelligen

determines to be appropriate, including all functions and activities dis

the Community Management Staff as of that date. 

(b) ADMINISTRATION.—The Director of National Intelligence shall ad

the Community Management Staff after the date of the enactment of t

component of the Office of the Director of National Intelligence unde

103 of the National Security Act of 1947, as amended by section 1011

Act.

TRANSFER OF TERRORIST THREAT INTEGRATION CENTE

SEC. 1092. 

(a) TRANSFER.—There shall be transferred to the National Counterter

Center the Terrorist Threat Integration Center (TTIC) or its successor 

including all functions and activities discharged by the Terrorist Threa

Integration Center or its successor entity as of the date of the enactme

Act.

(b) ADMINISTRATION.—The Director of the National Counterterrorism 

shall administer the Terrorist Threat Integration Center after the date o

enactment of this Act as a component of the Directorate of Intelligenc

National Counterterrorism Center under section 119(i) of the National 

Act of 1947, as added by section 1021(a) of this Act. 

TERMINATION OF POSITIONS OF ASSISTANT

DIRECTORS OF CENTRAL INTELLIGENCE

SEC. 1093. 

(a) TERMINATION.—The positions referred to in subsection (b) are he

abolished.

(b) COVERED POSITIONS.—The positions referred to in this subsection 

follows:

(1) The Assistant Director of Central Intelligence for Collecti
163

SEC. 1094. 

The President shall transmit to Congress a plan for the implementation 

title and the amendments made by this title. The plan shall address, at 

minimum, the following: 

(1) The transfer of personnel, assets, and obligations to the Di

National Intelligence pursuant to this title. 

(2) Any consolidation, reorganization, or streamlining of activ

transferred to the Director of National Intelligence pursuant to 

(3) The establishment of offices within the Office of the Direc

National Intelligence to implement the duties and responsibili

Director of National Intelligence as described in this title. 

(4) Specification of any proposed disposition of property, faci

contracts, records, and other assets and obligations to be trans

the Director of National Intelligence. 

(5) Recommendations for additional legislative or administrat

as the President considers appropriate. 

DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON 

IMPLEMENTATION OF INTELLIGENCE COMMUNITY REFOR

SEC. 1095. 

(a) REPORT.—Not later than one year after the effective date of this A

Director of National Intelligence shall submit to the congressional inte

committees a report on the progress made in the implementation of th

including the amendments made by this title. The report shall include 

comprehensive description of the progress made, and may include suc

recommendations for additional legislative or administrative action as 

Director considers appropriate. 

(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In this 

term “congressional intelligence committees” means— 

(1) the Select Committee on Intelligence of the Senate; and 

(2) the Permanent Select Committee on Intelligence of the Ho

Representatives. 
164

(b) TRANSFER OF PERSONNEL.—In addition to any other authorities av

under law for such purposes, in the fiscal year after the effective date 

the Director of National Intelligence— 

(1) is authorized within the Office of the Director of National 

Intelligence 500 new personnel billets; and 

(2) with the approval of the Director of the Office of Managem

Budget, may detail not more than 150 personnel funded withi

National Intelligence Program to the Office of the Director of 

Intelligence for a period of not more than 2 years. 

EFFECTIVE DATES

SEC. 1097. 

(a) IN GENERAL.—Except as otherwise expressly provided in this Act

and the amendments made by this title shall take effect not later than s

after the date of the enactment of this Act. 

(b) SPECIFIC EFFECTIVE DATES.—(1)(A) Not later than 60 days after 

the appointment of the first Director of National Intelligence, the Dire

National Intelligence shall first appoint individuals to positions within 

of the Director of National Intelligence. 

(B) Subparagraph (A) shall not apply with respect to the Principal Dep

Director of National Intelligence. 

(2) Not later than 180 days after the effective date of this Act, the Pres

transmit to Congress the implementation plan required by section 109

(3) Not later than one year after the date of the enactment of this Act, 

Director of National Intelligence shall prescribe regulations, policies, 

standards, and guidelines required under section 102A of the National 

Act of 1947, as amended by section 1011(a) of this Act. 
165

SEC. 1101. 

(a) STUDY.—The Secretary of Defense shall conduct a study of the pr

selection rates, and the selection rates for attendance at professional m

education schools, of intelligence officers of the Armed Forces, partic

comparison to the rates for other officers of the same Armed Force wh

same grade and competitive category. 

(b) REPORT.—The Secretary shall submit to the Committees on Arme

of the Senate and House of Representatives a report providing the Sec

findings resulting from the study under subsection (a) and the Secreta

recommendations (if any) for such changes in law as the Secretary con

needed to ensure that intelligence officers, as a group, are selected for 

and for attendance at professional military education schools, at rates 

than the rates for all line (or the equivalent) officers of the same Arme

(both in the zone and below the zone) in the same grade. The report sh

submitted not later than April 1, 2005. 

EXTENSION AND IMPROVEMENT OF AUTHORITIES

OF PUBLIC INTEREST DECLASSIFICATION BOARD

SEC. 1102. 

(a) DIRECTION.—Section 703(a) of the Public Interest Declassificatio

2000 (title VII of Public Law 106-567; 114 Stat. 2856; 50 U.S.C. §43

amended— 

(1) by inserting “(1)” after “ESTABLISHMENT-”; and 

(2) by adding at the end the following new paragraph: 

“(2) The Board shall report directly to the President or, upon designat

President, the Vice President, the Attorney General, or other designee 

President. The other designee of the President under this paragraph m

agency head or official authorized to classify information under Execu

12958, or any successor order.”. 

(b) PURPOSES.—Section 703(b) of that Act (114 Stat. 2856) is amend

adding at the end the following new paragraph: 

“(5) To review and make recommendations to the President in 

manner with respect to any congressional request, made by th
166

for the reconsideration of declinations to declassify specific records. 

(d) DECLASSIFICATION REVIEWS.—Section 704 of that Act (114 Stat. 

further amended by adding at the end the following new subsection: 

“(e) DECLASSIFICATION REVIEWS.—If requested by the President, the 

shall review in a timely manner certain records or declinations to decl

specific records, the declassification of which has been the subject of 

congressional request described in section 703(b)(5).”. 

(e) NOTIFICATION OF REVIEW.—Section 706 of that Act (114 Stat. 28

amended by adding at the end the following new subsection: 

“(f) NOTIFICATION OF REVIEW.—In response to a specific congression

for declassification review described in section 703(b)(5), the Board s

the originators of the request in a timely manner whether the Board in

conduct such review.”. 

(f) EXTENSION.—Section 710(b) of that Act (114 Stat. 2864) is amend

striking “4 years” and inserting “8 years”. 

SEVERABILITY

SEC. 1103. 

If any provision of this Act, or an amendment made by this Act, or the 

application of such provision to any person or circumstance is held inv

remainder of this Act, or the application of such provision to persons 

circumstances other those to which such provision is held invalid shal

affected thereby.
167

purposes.

Be it enacted by the Senate and House of Representatives of the Unite

America in Congress assembled, 

DEFINITIONS

SECTION 1. [50 U.S.C. §403a] 

That when used in this Act, the term— 

 (1) “Agency” means the Central Intelligence Agency; 

(2) “Director” means the Director of the Central Intelligence A

and

(3) “Government agency” means any executive department, c

council, independent establishment, corporation wholly or par

by the United States which is an instrumentality of the United 

board, bureau, division, service, office, officer, authority, adm

or other establishment, in the executive branch of the Govern

SEAL OF OFFICE

SEC. 2. [50 U.S.C. §403b] 

The Director shall cause a seal of office to be made for the Central Int

Agency, of such design as the President shall approve, and judicial no

be taken thereof. 

PROCUREMENT AUTHORITIES

SEC. 3. [50 U.S.C. §403c] 

(a) PURCHASES AND CONTRACTS FOR SUPPLIES AND SERVICES.—In th

performance of its functions the Central Intelligence Agency is author

exercise the authorities contained in sections 2304(a)(1) to (6), (10), (

(17), and sections 2305(a) to (c), 2306, 2307, 2308, 2309, 2312, and 2

10.

(b) “AGENCY HEAD” DEFINED.—In the exercise of the authorities gran

subsection (a) of this section, the term “Agency head” shall mean the 

the Deputy Director, or the Executive of the Agency. 
168

including the making of such determinations and decisions, in his disc

subject to his direction, to any other officer or officers or officials of t

(d) POWERS NOT DELEGABLE; WRITTEN FINDINGS.—The power of the 

head to make the determinations or decisions specified in paragraphs 

(15) of section 2304(a) and section 2307(a) of title 10 shall not be del

Each determination or decision required by paragraphs (12) and (15) o

2304(a), by sections 2306 and 2313, or by section 2307(a) of title 10, 

based upon written findings made by the official making such determi

which findings shall be final and shall be available within the Agency 

period of at least six years following the date of the determination. 

TRAVEL, ALLOWANCES, AND RELATED EXPENSES

SEC. 4. [50 U.S.C. §403e] 

CENTRAL INTELLIGENCE AGENCY PERSONNEL; ALLOWANCES AND BE

(a) TRAVEL, ALLOWANCES, AND RELATED EXPENSES FOR OFFICERS AN

EMPLOYEES ASSIGNED TO DUTY STATIONS OUTSIDE UNITED STATES.—

such regulations as the Director may prescribe, the Agency, with resp

officers and employees assigned to duty stations outside the several S

United States of America, excluding Alaska and Hawaii, but including 

District of Columbia, shall— 

(1)(A) pay the travel expenses of officers and employees of th

including expenses incurred while traveling pursuant to autho

leave;

(B) pay the travel expenses of members of the family 

officer or employee of the Agency when proceeding t

returning from his post of duty; accompanying him on 

authorized home leave; or otherwise traveling in acco

authority granted pursuant to the terms of sections 40

of this title or any other Act; 

(C) pay the cost of transporting the furniture and hous

personal effects of an officer or employee of the Agen

successive posts of duty and, on the termination of hi

to his residence at time of appointment or to a point n

distant, or, upon retirement, to the place where he wil
169

effects, or when it is in the public interest or more eco

authorize storage; but in no instance shall the weight 

of the effects stored together with the weight or volum

effects transported exceed the maximum limitations f

regulations, when not otherwise fixed by law; 

(E) pay the cost of packing and unpacking, transportin

from a place of storage, and storing the furniture and 

and personal effects of an officer or employee of the A

connection with assignment or transfer to a new post, 

date of his departure from his last post or from the da

departure, from his place of residence in the case of a 

or employee and for not to exceed three months after 

the new post, or until the establishment of residence q

whichever shall be shorter; and in connection with se

an officer or employee of the Agency, the cost of pac

unpacking, transporting to and from a place of storag

storing for a period not to exceed three months, his fu

household and personal effects; but in no instance sha

weight or volume of the effects stored together with t

or volume of the effects transported exceed the maxim

limitations fixed by regulations, when not otherwise f

law;

(F) pay the travel expenses and transportation costs in

the removal of the members of the family of an office

employee of the Agency and his furniture and househ

personal effects, including automobiles, from a post a

because of the prevalence of disturbed conditions, the

imminent danger to life and property, and the return o

persons, furniture, and effects to such post upon the c

such conditions; or to such other post as may in the m

have become the post to which such officer or employ

been assigned. 

(2) Charge expenses in connection with travel of personnel, th

dependents, and transportation of their household goods and p

effects, involving a change of permanent station, to the approp

the fiscal year current when any part of either the travel or tra
170

and any territory or possession of the United States) on leave 

each officer or employee of the Agency who was a resident o

States (as described above) at time of employment, upon com

two years’ continuous service abroad, or as soon as possible t

(B) While in the United States (as described in paragr

of this subsection) on leave, the service of any officer 

employee shall be available for work or duties in the 

elsewhere as the Director may prescribe; and the time 

work or duty shall not be counted as leave. 

(C) Where an officer or employee on leave returns to 

States (as described in paragraph (3)(A) of this subsec

of absence granted shall be exclusive of the time actu

necessarily occupied in going to and from the United 

so described) and such time as may be necessarily oc

awaiting transportation. 

(4) Notwithstanding the provisions of any other law, transport 

behalf of an officer or employee of the Agency, a privately ow

vehicle in any case in which it shall be determined that water, 

transportation of the motor vehicle is necessary or expedient f

any part of the distance between points of origin and destinati

the costs of such transportation. Not more than one motor veh

officer or employee of the Agency may be transported under a

this paragraph during any four-year period, except that, as a re

for such motor vehicle, one additional motor vehicle of any su

or employee may be so transported during such period upon a

advance, by the Director and upon a determination, in advanc

Director that such replacement is necessary for reasons beyon

control of the officer or employee and is in the interest of the 

Government. After the expiration of a period of four years fol

date of transportation under authority of this paragraph of a pr

owned motor vehicle of any officer or employee who has rem

continuous service outside the several States of the United Sta

America, excluding Alaska and Hawaii, but including the Dis

Columbia, during such period, the transportation of a replacem

such motor vehicle for such officer or employee may be autho

the Director in accordance with this paragraph. 
171

to the nearest locality where a suitable hospital or clinic exists 

recovery of such officer or employee pay for the travel expen

return to the post of duty of such officer or employee. If the o

employee is too ill to travel unattended, the Director may also 

travel expenses of an attendant; 

(B) Establish a first-aid station and provide for the ser

nurse at a post at which, in the opinion of the Directo

personnel is employed to warrant such a station: Prov

in the opinion of the Director, it is not feasible to utili

existing facility; 

(C) In the event of illness or injury requiring hospital

an officer or full time employee of the Agency incurr

line of duty while such person is assigned abroad, pay 

cost of the treatment of such illness or injury at a suit

hospital or clinic; 

(D) Provide for the periodic physical examination of 

employees of the Agency and for the cost of administ

inoculation or vaccinations to such officers or employ

(6) Pay the costs of preparing and transporting the remains of 

or employee of the Agency or a member of his family who m

in travel status or abroad, to his home or official station, or to 

place as the Director may determine to be the appropriate plac

interment, provided that in no case shall the expense payable 

than the amount which would have been payable had the dest

been the home or official station. 

(7) Pay the costs of travel of new appointees and their depend

the transportation of their household goods and personal effec

places of actual residence in foreign countries at time of appo

places of employment and return to their actual residences at 

appointment or a point not more distant: Provided, That such 

agree in writing to remain with the United States Government 

period of not less than twelve months from the time of appoin

Violation of such agreement for personal convenience of an e

because of separation for misconduct will bar such return pay

if determined by the Director or his designee to be in the best 

the United States, any money expended by the United States o
172

to persons detailed or assigned to the Agency from other agen

Government or from the Armed Forces, allowances and benef

comparable to the allowances and benefits authorized to be pa

members of the Foreign Service under chapter 9 of title I of th

Service Act of 1980 (22 U.S.C. §4081 et seq.) or any other pr

law.

(2) The Director may pay allowances and benefits related to o

authorized travel, personnel and physical security activities, o

activities, and cover-related activities (whether or not such all

and benefits are otherwise authorized under this section or any 

provision of law) when payment of such allowances and bene

necessary to meet the special requirements of work related to 

activities. Payment of allowances and benefits under this para

be in accordance with regulations prescribed by the Director. 

allowances and benefits under this paragraph may not be set a

excess of those authorized by section 5724 and 5724a of title 

reimbursement is provided for relocation attributable, in whol

to relocation within the United States. 

(3) Notwithstanding any other provision of this section or any 

provision of law relating to the officially authorized travel of 

Government employees, the Director, in order to reflect Agen

requirements not taken into account in the formulation of Gov

wide travel procedures, may by regulation— 

(A) authorize the travel of officers and employees of 

and of persons detailed or assigned to the Agency fro

agencies of the Government or from the Armed Force

engaged in the performance of intelligence functions, 

(B) provide for payment for such travel, in classes of 

determined by the Director, in which such travel is im

the performance of intelligence functions. 

(4) Members of the Armed Forces may not receive benefits un

this section and title 37 for the same purpose. The Director an

of Defense shall prescribe joint regulations to carry out the pr

sentence.

(5) Regulations, other than regulations under paragraph (1), is

pursuant to this subsection shall be submitted to the Permanen
173

SEC. 5. [50 U.S.C. §403f] 

(a) IN GENERAL.—In the performance of its functions, the Central Int

Agency is authorized to— 

(1) Transfer to and receive from other Government agencies s

as may be approved by the Office of Management and Budge

performance of any of the functions or activities authorized un

paragraphs (2) and (3) of section 403(a) of this title, subsectio

and (d) of section 403-3 of this title, subsections (a) and (g) o

403-4 of this title, and section 405 of this title, and any other 

Government agency is authorized to transfer to or receive from 

Agency such sums without regard to any provisions of law lim

prohibiting transfers between appropriations. Sums transferre

Agency in accordance with this paragraph may be expended f

purposes and under the authority of sections 403a to 403s of t

without regard to limitations of appropriations from which tra

(2) Exchange funds without regard to section 3651 of the Rev

Statutes;

(3) Reimburse other Government agencies for services of pers

assigned to the Agency, and such other Government agencies 

authorized, without regard to provisions of law to the contrary

assign or detail any officer or employee for duty with the Age

(4) Authorize personnel designated by the Director to carry fi

the extent necessary for the performance of the Agency’s auth

functions, except that, within the United States, such authority 

limited to the purposes of protection of classified materials an

information, the training of Agency personnel and other autho

persons in the use of firearms, the protection of Agency instal

property, and the protection of current and former Agency per

their immediate families, defectors and their immediate famil

other persons in the United States under Agency auspices; 

(5) Make alterations, improvements, and repairs on premises 

the Agency, and pay rent therefor; 

(6) Determine and fix the minimum and maximum limits of a

which an original appointment may be made to an operationa

within the Agency, notwithstanding the provision of any othe
174

of this section shall be subject to appropriations provided in a

for—

 (A) the entire lease; or 

(B) the first 12 months of the lease and the Governme

estimated termination liability. 

(2) In the case of any such lease entered into under subparagr

paragraph (1)— 

(A) such lease shall include a clause that provides tha

contract shall be terminated if budget authority (as de

section 622(2) of title 2) is not provided specifically f

project in an appropriations Act in advance of an obli

funds in respect thereto; 

(B) notwithstanding section 1552 of title 31, amounts 

for paying termination costs with respect to such leas

remain available until the costs associated with termin

such lease are paid; 

(C) funds available for termination liability shall rem

available to satisfy rental obligations with respect to s

in subsequent fiscal years in the event such lease is no

terminated early, but only to the extent those funds ar

of the amount of termination liability at the time of th

satisfy such rental obligations; and 

(D) funds appropriated for a fiscal year may be used t

payments on such lease, for a maximum of 12 month

any time during such fiscal year. 

(c) TRANSFERS FOR ACQUISITION OF LAND.—

(1) Sums appropriated or otherwise made available to the Age

acquisition of land that are transferred to another department 

for that purpose shall remain available for 3 years. 

(2) The Director shall submit to the Select Committee on Inte

the Senate and the Permanent Select Committee on Intelligen

House of Representatives a report on the transfer of sums des

paragraph (1) each time that authority is exercised. 
175

sources and methods from unauthorized disclosure, the Agency shall b

exempted from the provisions of sections 1 and 2 of the Act of Augus

(49 Stat. 956, 957; 5 U.S.C. §654), and the provisions of any other law 

require the publication or disclosure of the organization, functions, na

official titles, salaries, or numbers of personnel employed by the Agen

Provided, That in furtherance of this section, the Director of the Offic

Management and Budget shall make no reports to the Congress in con

with the Agency under section 607 of the Act of June 30, 1945, as am

U.S.C. §947(b)). 

ADMISSION OF ESSENTIAL ALIENS; LIMITATION ON NUMB

SEC. 7. [50 U.S.C. Sec. §403h] 

Whenever the Director, the Attorney General, and the Commissioner 

Immigration and Naturalization shall determine that the admission of 

alien into the United States for permanent residence is in the interest o

security or essential to the furtherance of the national intelligence mis

alien and his immediate family shall be admitted to the United States 

permanent residence without regard to their inadmissibility under the 

immigration or any other laws and regulations, or to the failure to com

such laws and regulations pertaining to admissibility: Provided, That 

of aliens and members of their immediate families admitted to the Un

under the authority of this section shall in no case exceed one hundred 

any one fiscal year. 

APPROPRIATIONS

SEC. 8. [50 U.S.C. Sec. §403j] 

CENTRAL INTELLIGENCE AGENCY; APPROPRIATIONS, EXPENDITURES

(a) Notwithstanding any other provisions of law, sums made available 

Agency by appropriation or otherwise may be expended for purposes 

to carry out its functions, including— 

(1) personal services, including personal services without rega

limitations on types of persons to be employed, and rent at the 

government and elsewhere; health-service program as authori

(5 U.S.C. §7901); rental of news-reporting services; purchase 
176

employees of the Agency in Government-owned automotive e

between their domiciles and places of employment, where suc

personnel are engaged in work which makes such transportati

necessary, and transportation in such equipment, to and from 

children of Agency personnel who have quarters for themselv

families at isolated stations outside the continental United Sta

adequate public or private transportation is not available; prin

binding; purchase, maintenance, and cleaning of firearms, inc

purchase, storage, and maintenance of ammunition; subject to 

established by the Director, expenses of travel in connection w

expenses incident to attendance at meetings of professional, te

scientific, and other similar organizations when such attendan

be a benefit in the conduct of the work of the Agency; associa

library dues; payment of premiums or costs of surety bonds fo

or employees without regard to the provisions of section 14 o

payment of claims pursuant to title 28; acquisition of necessar

the clearing of such land; construction of buildings and facilit

regard to 36 Stat. 699; 40 U.S.C. §259, 267; repair, rental, op

and maintenance of buildings, utilities, facilities, and appurten

(2) supplies, equipment, and personnel and contractual servic

otherwise authorized by law and regulations, when approved 

Director.

(b) The sums made available to the Agency may be expended without 

the provisions of law and regulations relating to the expenditure of Go

funds; and for objects of a confidential, extraordinary, or emergency n

expenditures to be accounted for solely on the certificate of the Direct

every such certificate shall be deemed a sufficient voucher for the am

certified.

SEPARABILITY OF PROVISIONS

SEC. 9. [50 U.S.C. §403a note] 

If any provision of this Act or the application of such provision to any 

circumstances, is held invalid, the remainder of this Act or the applica

such provision to persons or circumstances other than those as to whic

invalid, shall not be affected thereby. 
177

SEC. 11. [50 U.S.C. §403k] 

(a)(1) The Director may pay a gratuity to the surviving dependents of 

or employee of the Agency who dies as a result of injuries (other than 

disease) sustained outside the United States and whose death— 

(A) resulted from hostile or terrorist activities; or 

(B) occurred in connection with an intelligence activi

substantial element of risk. 

(2) The provisions of this subsection shall apply with respect 

occurring after June 30, 1974. 

(b) Any payment under subsection (a) of this section— 

(1) shall be in an amount equal to the amount of the annual sa

officer or employee concerned at the time of death; 

(2) shall be considered a gift and shall be in lieu of payment o

death gratuity authorized by any other Federal law; and 

(3) shall be made under the same conditions as apply to paym

authorized by section 3973 of title 22. 

AUTHORITY TO ACCEPT GIFTS, DEVISES, AND BEQUEST

SEC. 12. [50 U.S.C. §403l] 

(a) USE FOR OPERATIONAL PURPOSES PROHIBITED.—Subject to the p

this section, the Director may accept, hold, administer, and use gifts o

securities, or other property whenever the Director determines it woul

interest of the United States to do so. Any gift accepted under this sec

any income produced by any such gift) may be used only for artistic d

for purposes relating to the general welfare, education, or recreation o

employees or dependents of employees of the Agency or for similar p

and under no circumstances may such a gift (or any income produced 

such gift) be used for operational purposes. The Director may not acc

under this section which is expressly conditioned upon an expenditure 

met from the gift itself or from income produced by the gift unless suc

expenditure has been authorized by law. 

(b) SALE, EXCHANGE AND INVESTMENT OF GIFTS.—Unless otherwise 

by the terms of the gift, the Director may sell or exchange, or invest o

any property which is accepted under this section, but any such invest
178

such fund shall be disbursed upon the order of the Director for the pur

specified in subsection (a) or (b) of this section. 

 (d) TAXATION OF GIFTS.—For purposes of Federal income, estate, an

taxes, gifts accepted by the Director under this section shall be consid

to or for the use of the United States. 

(e) “GIFT” DEFINED.—For the purposes of this section, the term “gift” 

bequest or devise. 

MISUSE OF AGENCY NAME, INITIALS, OR SEAL

SEC. 13. [50 U.S.C. §403m] 

(a) PROHIBITED ACTS.—No person may, except with the written perm

the Director, knowingly use the words “Central Intelligence Agency”, 

“CIA”, the seal of the Central Intelligence Agency, or any colorable im

such words, initials, or seal in connection with any merchandise, impe

solicitation, or commercial activity in a manner reasonably calculated 

the impression that such use is approved, endorsed, or authorized by t

Intelligence Agency. 

(b) INJUNCTION.—Whenever it appears to the Attorney General that a

is engaged or is about to engage in an act or practice which constitute

constitute conduct prohibited by subsection (a) of this section, the Att

General may initiate a civil proceeding in a district court of the United 

enjoin such act or practice. Such court shall proceed as soon as practic

hearing and determination of such action and may, at any time before 

determination, enter such restraining orders or prohibitions, or take su

action as is warranted, to prevent injury to the United States or to any 

class of persons for whose protection the action is brought. 

RETIREMENT EQUITY FOR SPOUSES OF CERTAIN EMPLOY

SEC. 14. [50 U.S.C. §403n] 

SPECIAL PROVISIONS FOR SPOUSES OF CENTRAL INTELLIGENCE AGEN

EMPLOYEES APPLICABLE TO AGENCY PARTICIPANTS IN CIVIL SERVIC

RETIREMENT AND DISABILITY SYSTEM.—

(a) MANNER AND EXTENT OF APPLICABILITY.—The provisions of sec

2031(b)(1)-(3), 2031(f), 2031(g), 2031(h)(2), 2031(i), 2031(l), 2032, 2
179

Civil Service Retirement and Disability System. 

(b) REGULATIONS.—The Director of the Office of Personnel Managem

consultation with the Director of the Central Intelligence Agency, sha

such regulations as may be necessary to implement the provisions of t

SECURITY PERSONNEL AT AGENCY INSTALLATIONS

SEC. 15. [50 U.S.C. §403o] 

(a) SPECIAL POLICEMEN: FUNCTIONS AND POWERS; REGULATIONS:

PROMULGATION AND ENFORCEMENT.—

(1) The Director may authorize Agency personnel within the U

States to perform the same functions as officers and agents of 

Department of Homeland Security, as provided in section 131

title 40, with the powers set forth in that section, except that s

personnel shall perform such functions and exercise such pow

(A) within the Agency Headquarters Compound and t

controlled and occupied by the Federal Highway Adm

located immediately adjacent to such Compound; 

(B) in the streets, sidewalks, and the open areas withi

beginning at the outside boundary of such Compound 

property and extending outward 500 feet; 

(C) within any other Agency installation and protecte

and

(D) in the streets, sidewalks, and open areas within th

beginning at the outside boundary of any installation 

referred to in subparagraph (C) and extending outwar

(2) The performance of functions and exercise of powers und

subparagraph (B) or (D) of paragraph (1) shall be limited to th

circumstances where such personnel can identify specific and 

facts giving such personnel reason to believe that the perform

such functions and exercise of such powers is reasonable to p

against physical damage or injury, or threats of physical dama

injury, to Agency installations, property, or employees. 

(3) Nothing in this subsection shall be construed to preclude, 

any way, the authority of any Federal, State, or local law enfo

agency, or any other Federal police or Federal protective serv
180

Director under subsection (a) of this section. Such penalties shall not 

those specified in section 1315(c)(2) of title 40. 

(c) IDENTIFICATION.—Agency personnel designated by the Director u

subsection (a) of this section shall be clearly identifiable as United Sta

Government security personnel while engaged in the performance of t

functions to which subsection (a) of this section refers. 

(d) PROTECTION OF CERTAIN CIA PERSONNEL FROM TORT LIABILITY

(1) Notwithstanding any other provision of law, any Agency p

designated by the Director under subsection (a) of this section

designated by the Director under section 403f(a)(4) of this titl

firearms for the protection of current or former Agency person

their immediate families, defectors and their immediate famil

other persons in the United States under Agency auspices, sha

considered for purposes of chapter 171 of title 28, or any othe

of law relating to tort liability, to be acting within the scope o

office or employment when such Agency personnel take reaso

action, which may include the use of force, to— 

(A) protect an individual in the presence of such Agen

personnel from a crime of violence; 

(B) provide immediate assistance to an individual wh

suffered or who is threatened with bodily harm; or 

(C) prevent the escape of any individual whom such A

personnel reasonably believe to have committed a cri

violence in the presence of such Agency personnel. 

(2) Paragraph (1) shall not affect the authorities of the Attorne

under section 2679 of title 28. 

(3) In this subsection, the term “crime of violence” has the me

given that term in section 16 of title 18. 

HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES OF 

CENTRAL INTELLIGENCE AGENCY EMPLOYEES

SEC. 16. [50 U.S.C. §403p] 

(a) PERSONS ELIGIBLE.—Except as provided in subsection (e) of this 

individual— 
181

(3) who was married to such employee for not less than ten ye

periods of service by such employee with the Agency, at least 

of which were spent outside the United States by both the emp

the former spouse,

is eligible for coverage under a health benefits plan in accordance with 

provisions of this section. 

(b) ENROLLMENT FOR HEALTH BENEFITS.—

(1) Any individual eligible for coverage under subsection (a) 

section may enroll in a health benefits plan for self alone or fo

family if, before the expiration of the six-month period beginn

October 1, 1986, and in accordance with such procedures as t

of the Office of Personnel Management shall by regulation pr

such individual— 

 (A) files an election for such enrollment; and 

(B) arranges to pay currently into the Employees Hea

Fund under section 8909 of title 5 an amount equal to 

the employee and agency contributions payable in the 

employee enrolled under chapter 89 of such title in th

health benefits plan and with the same level of benefi

(2) The Director of the Central Intelligence Agency shall, as s

possible, take all steps practicable— 

(A) to determine the identity and current address of e

spouse eligible for coverage under subsection (a) of th

and

(B) to notify each such former spouse of that individu

under this section. 

(3) The Director of the Office of Personnel Management, upo

notification by the Director of the Central Intelligence Agency

waive the six-month limitation set forth in paragraph (1) in an

which the Director of the Central Intelligence Agency determ

circumstances so warrant. 

(c) ELIGIBILITY OF FORMER WIVES OR HUSBANDS.—

(1) Notwithstanding subsections (a) and (b) of this section and 

provided in subsections (d), (e), and (f) of this section, an indi

(A) who was divorced on or before December 4, 199

participant or retired participant in the Central Intellig
182

United States, or otherwise in a position the duties of 

qualified the participant for designation by the Direct

participant under section 2013 of this title; and 

(C) who was enrolled in a health benefits plan as a fam

member at any time during the 18-month period befo

of dissolution of the marriage to such participant; 

is eligible for coverage under a health benefits plan. 

(2) A former spouse eligible for coverage under paragraph (1) 

in a health benefits plan in accordance with subsection (b)(1) 

section, except that the election for such enrollment must be s

within 60 days after the date on which the Director notifies th

spouse of such individual’s eligibility for health insurance cov

under this subsection. 

(d) CONTINUATION OF ELIGIBILITY.—Notwithstanding subsections (a

(c) of this section and except as provided in subsections (e) and (f) of 

an individual divorced on or before December 4, 1991, from a particip

retired participant in the Central Intelligence Agency Retirement and D

System or Federal Employees’ Retirement System Special Category w

enrolled in a health benefits plan following the dissolution of the marr

such participant may continue enrollment following the death of such 

notwithstanding the termination of the retirement annuity of such indi

(e) REMARRIAGE BEFORE AGE FIFTY-FIVE; CONTINUED ENROLLMEN

RESTORED ELIGIBILITY.—

(1) Any former spouse who remarries before age fifty-five is 

to make an election under subsection (b)(1) of this section. 

(2) Any former spouse enrolled in a health benefits plan pursu

election under subsection (b)(1) of this section or to subsectio

section may continue the enrollment under the conditions of e

which the Director of the Office of Personnel Management sh

regulation prescribe, except that any former spouse who rema

age fifty-five shall not be eligible for continued enrollment un

section after the end of the thirty-one-day period beginning on 

remarriage. 

(3)(A) A former spouse who is not eligible to enroll or to con

enrollment in a health benefits plan under this section solely b
183

(i) was an individual referred to in paragraph 

an individual covered under a benefits plan a

member at any time during the 18-month per

the date of dissolution of the marriage to the A

employee or annuitant; or 

(ii) was an individual referred to in paragraph 

was an individual covered under a benefits pl

immediately before the remarriage ended the 

(f) ENROLLMENT IN HEALTH BENEFITS PLAN UNDER OTHER AUTHOR

individual may be covered by a health benefits plan under this section 

period in which such individual is enrolled in a health benefits plan un

other authority, nor may any individual be covered under more than o

enrollment under this section. 

(g) “HEALTH BENEFITS PLAN” DEFINED.—For purposes of this sectio

“health benefits plan” means an approved health benefits plan under c

of title 5. 

REPORTS OF INSPECTOR GENERAL ACTIVITIES

SEC. 17. [50 U.S.C. §403q] 

INSPECTOR GENERAL FOR AGENCY .—

(a) PURPOSE; ESTABLISHMENT.—In order to—

(1) create an objective and effective office, appropriately acco

Congress, to initiate and conduct independently inspections, 

investigations, and audits relating to programs and operations 

Agency; 

(2) provide leadership and recommend policies designed to pr

economy, efficiency, and effectiveness in the administration o

programs and operations, and detect fraud and abuse in such p

and operations; 

(3) provide a means for keeping the Director fully and current

informed about problems and deficiencies relating to the adm

of such programs and operations, and the necessity for and th

of corrective actions; and 

(4) in the manner prescribed by this section, ensure that the Se

Committee on Intelligence and the House Permanent Select C
184

(b) APPOINTMENT; SUPERVISION; REMOVAL.—

(1) There shall be at the head of the Office an Inspector Gene

shall be appointed by the President, by and with the advice an

of the Senate. This appointment shall be made without regard 

affiliation and shall be solely on the basis of integrity, compli

the security standards of the Agency, and prior experience in 

foreign intelligence. Such appointment shall also be made on 

demonstrated ability in accounting, financial analysis, law, m

analysis, public administration, or auditing. 

(2) The Inspector General shall report directly to and be unde

general supervision of the Director. 

(3) The Director may prohibit the Inspector General from init

carrying out, or completing any audit, inspection, or investiga

from issuing any subpoena, after the Inspector General has de

initiate, carry out, or complete such audit, inspection, or inves

to issue such subpoena, if the Director determines that such pr

necessary to protect vital national security interests of the Uni

(4) If the Director exercises any power under paragraph (3), h

submit an appropriately classified statement of the reasons for 

exercise of such power within seven days to the intelligence c

The Director shall advise the Inspector General at the time su

submitted, and, to the extent consistent with the protection of 

sources and methods, provide the Inspector General with a co

such report. In such cases, the Inspector General may submit 

comments to the intelligence committees that he considers ap

(5) In accordance with section 535 of title 28, the Inspector G

report to the Attorney General any information, allegation, or 

received by the Inspector General relating to violations of Fed

criminal law that involve a program or operation of the Agenc

consistent with such guidelines as may be issued by the Attor

pursuant to subsection (b)(2) of such section. A copy of all su

shall be furnished to the Director. 

(6) The Inspector General may be removed from office only b

President. The President shall immediately communicate in w

intelligence committees the reasons for any such removal. 
185

regulations;

(2) to keep the Director fully and currently informed concerni

violations of law and regulations, fraud and other serious prob

abuses and deficiencies that may occur in such programs and 

and to report the progress made in implementing corrective ac

(3) to take due regard for the protection of intelligence source

methods in the preparation of all reports issued by the Office, 

extent consistent with the purpose and objective of such repor

such measures as may be appropriate to minimize the disclosu

intelligence sources and methods described in such reports; an

(4) in the execution of his responsibilities, to comply with gen

accepted government auditing standards. 

(d) SEMIANNUAL REPORTS; IMMEDIATE REPORTS OF SERIOUS OR FLA

PROBLEMS; REPORTS OF FUNCTIONAL PROBLEMS; REPORTS TO CONG

URGENT CONCERNS.—

(1) The Inspector General shall, not later than January 31 and 

each year, prepare and submit to the Director a classified sem

report summarizing the activities of the Office during the imm

preceding six-month periods ending December 31 (of the prec

and June 30, respectively. Not later than the dates each year p

the transmittal of such reports in section 507 of the National S

of 1947 [50 U.S.C. §415b], the Director shall transmit such re

intelligence committees with any comments he may deem app

Such reports shall, at a minimum, include a list of the title or 

each inspection, investigation, or audit conducted during the r

period and— 

(A) a description of significant problems, abuses, and 

deficiencies relating to the administration of program

operations of the Agency identified by the Office dur

reporting period; 

(B) a description of the recommendations for correcti

made by the Office during the reporting period with r

significant problems, abuses, or deficiencies identifie

subparagraph (A); 

(C) a statement of whether corrective action has been 

on each significant recommendation described in prev
186

subsection (e)(5) of this section by the Inspector Gene

the reporting period; and 

(F) such recommendations as the Inspector General m

make concerning legislation to promote economy and 

in the administration of programs and operations und

the Agency, and to detect and eliminate fraud and abu

programs and operations. 

(2) The Inspector General shall report immediately to the Dire

whenever he becomes aware of particularly serious or flagran

abuses, or deficiencies relating to the administration of progra

operations. The Director shall transmit such report to the intel

committees within seven calendar days, together with any com

considers appropriate. 

 (3) In the event that— 

(A) the Inspector General is unable to resolve any dif

with the Director affecting the execution of the Inspec

General’s duties or responsibilities; 

(B) an investigation, inspection, or audit carried out b

Inspector General should focus on any current or form

official who— 

(i) holds or held a position in the Agency that 

to appointment by the President, by and with 

and consent of the Senate, including such a p

on an acting basis; or 

(ii) holds or held the position in the Agency, 

such a position held on an acting basis, of— 

 (I) Executive Director; 

 (II) Deputy Director for Operations; 

 (III) Deputy Director for Intelligence

 (IV) Deputy Director for Administrat

(V) Deputy Director for Science and 

Technology; 

(C) a matter requires a report by the Inspector Genera

Department of Justice on possible criminal conduct b

or former Agency official described or referred to in 

subparagraph (B); 
187

information in the course of an investigation, inspecti

audit,

the Inspector General shall immediately notify and submit a r

such matter to the intelligence committees. 

(4) Pursuant to Title V of the National Security Act of 1947 [

§413 et seq.], the Director shall submit to the intelligence com

any report or findings and recommendations of an inspection, 

investigation, or audit conducted by the office which has been 

by the Chairman or Ranking Minority Member of either comm

(5)(A) An employee of the Agency, or of a contractor to the A

who intends to report to Congress a complaint or information 

respect to an urgent concern may report such complaint or inf

the Inspector General. 

(B) Not later than the end of the 14-calendar day peri

beginning on the date of receipt from an employee of 

complaint or information under subparagraph (A), the 

General shall determine whether the complaint or info

appears credible. Upon making such a determination, 

Inspector General shall transmit to the Director notice 

determination, together with the complaint or informa

(C) Upon receipt of a transmittal from the Inspector G

under subparagraph (B), the Director shall, within 7 c

days of such receipt, forward such transmittal to the i

committees, together with any comments the Director 

appropriate.

(D)(i) If the Inspector General does not find credible 

subparagraph (B) a complaint or information submitte

subparagraph (A), or does not transmit the complaint 

information to the Director in accurate form under su

(B), the employee (subject to clause (ii)) may submit 

complaint or information to Congress by contacting e

both of the intelligence committees directly. 

(ii) The employee may contact the intelligenc

committees directly as described in clause (i) 

employee— 
188

(II) obtains and follows from the Dire

through the Inspector General, direct

to contact the intelligence committee

accordance with appropriate security 

(iii) A member or employee of one of the inte

committees who receives a complaint or info

under clause (i) does so in that member or em

official capacity as a member or employee of 

committee. 

(E) The Inspector General shall notify an employee w

a complaint or information to the Inspector General u

paragraph of each action taken under this paragraph w

to the complaint or information. Such notice shall be 

not later than 3 days after any such action is taken. 

(F) An action taken by the Director or the Inspector G

under this paragraph shall not be subject to judicial re

 (G) In this paragraph: 

(i) The term “urgent concern” means any of t

following:

(I) A serious or flagrant problem, abu

violation of law or Executive order, o

deficiency relating to the funding, 

administration, or operations of an in

activity involving classified informat

does not include differences of opinio

concerning public policy matters. 

(II) A false statement to Congress, or 

withholding from Congress, on an iss

material fact relating to the funding, 

administration, or operation of an int

activity. 

(III) An action, including a personnel 

described in section 2302(a)(2)(A) of 

constituting reprisal or threat of repri

prohibited under subsection (e)(3)(B) 

section in response to an employee’s 
189

(e) AUTHORITIES OF INSPECTOR GENERAL.—

(1) The Inspector General shall have direct and prompt access 

Director when necessary for any purpose pertaining to the per

of his duties. 

(2) The Inspector General shall have access to any employee 

employee of a contractor of the Agency whose testimony is n

the performance of his duties. In addition, he shall have direct 

all records, reports, audits, reviews, documents, papers, 

recommendations, or other material which relate to the progra

operations with respect to which the Inspector General has 

responsibilities under this section. Failure on the part of any e

contractor to cooperate with the Inspector General shall be gr

appropriate administrative actions by the Director, to include 

employment or the termination of an existing contractual rela

(3) The Inspector General is authorized to receive and investi

complaints or information from any person concerning the ex

an activity constituting a violation of laws, rules, or regulation

mismanagement, gross waste of funds, abuse of authority, or 

substantial and specific danger to the public health and safety

complaint or information has been received from an employee 

Agency— 

(A) the Inspector General shall not disclose the identi

employee without the consent of the employee, unles

Inspector General determines that such disclosure is u

during the course of the investigation or the disclosur

an official of the Department of Justice responsible fo

determining whether a prosecution should be underta

(B) no action constituting a reprisal, or threat of repri

making such complaint may be taken by any employe

Agency in a position to take such actions, unless the c

was made or the information was disclosed with the k

that it was false or with willful disregard for its truth 

(4) The Inspector General shall have authority to administer t

from any person an oath, affirmation, or affidavit, whenever n

the performance of his duties, which oath, affirmation, or affi

administered or taken by or before an employee of the Office 
190

and responsibilities of the Inspector General. 

(B) In the case of Government agencies, the Inspector 

shall obtain information, documents, reports, answers

accounts, papers, and other data and evidence for the 

specified in subparagraph (A) using procedures other 

subpoenas.

(C) The Inspector General may not issue a subpoena 

behalf of any other element or component of the Agen

(D) In the case of contumacy or refusal to obey a subp

issued under this paragraph, the subpoena shall be en

by order of any appropriate district court of the Unite

(6) The Inspector General shall be provided with appropriate 

adequate office space at central and field office locations, tog

such equipment, office supplies, maintenance services, and 

communications facilities and services as may be necessary fo

operation of such offices. 

(7) Subject to applicable law and the policies of the Director, 

Inspector General shall select, appoint and employ such office

employees as may be necessary to carry out his functions. In m

such selections, the Inspector General shall ensure that such o

employees have the requisite training and experience to enabl

carry out his duties effectively. In this regard, the Inspector G

shall create within his organization a career cadre of sufficien

provide appropriate continuity and objectivity needed for the 

performance of his duties. 

(8) Subject to the concurrence of the Director, the Inspector G

request such information or assistance as may be necessary fo

out his duties and responsibilities from any Government agen

request of the Inspector General for such information or assist

head of the Government agency involved shall, insofar as is p

and not in contravention of any existing statutory restriction o

of the Government agency concerned, furnish to the Inspector 

or to an authorized designee, such information or assistance. 

(f) SEPARATE BUDGET ACCOUNT.—Beginning with fiscal year 1991, 

accordance with procedures to be issued by the Director of National In

in consultation with the intelligence committees, the Director of Natio
191

available to such Office of Inspector General are hereby transferred 

Office established pursuant to this section. 

SPECIAL ANNUITY COMPUTATION RULES FOR 

CERTAIN EMPLOYEES’ SERVICE ABROAD

SEC. 18. [50 U.S.C. §403r] 

(a) OFFICERS AND EMPLOYEES TO WHOM RULES APPLY.—Notwithst

provision of chapter 83 of title 5, the annuity under subchapter III of s

of an officer or employee of the Central Intelligence Agency who retir

after October 1, 1989, is not designated under section 2013 of this titl

served abroad as an officer or employee of the Agency on or after Jan

1987, shall be computed as provided in subsection (b) of this section. 

(b) COMPUTATION RULES.—

(1) The portion of the annuity relating to such service abroad 

actually performed at any time during the officer’s or employ

ten years of total service shall be computed at the rate and usi

percent of average pay specified in section 8339(a)(3) of title 

normally applicable only to so much of an employee’s total se

exceeds ten years. 

(2) The portion of the annuity relating to service abroad as de

subsection (a) of this section but that is actually performed at 

after the officer’s or employee’s first ten years of total service 

computed as provided in section 8339(a)(3) of title 5; but, in a

officer or employee shall be deemed for annuity computation 

have actually performed an equivalent period of service abroa

his or her first ten years of total service, and in calculating the 

the officer’s or employee’s annuity for his or her first ten year

service, the computation rate and percent of average pay spec

paragraph (1) shall also be applied to the period of such deem

equivalent service abroad. 

(3) The portion of the annuity relating to other service by an o

employee as described in subsection (a) of this section shall b

as provided in the provisions of section 8339(a) of title 5 that 

otherwise be applicable to such service. 
192

(d) OFFICERS AND EMPLOYEES ENTITLED TO GREATER ANNUITIES UN

SECTION 8339 OF TITLE 5.—The provisions of subsection (a) of this s

not apply to an officer or employee of the Central Intelligence Agency 

would otherwise be entitled to a greater annuity computed under an ot

applicable subsection of section 8339 of title 5. 

SPECIAL RULES FOR DISABILITY RETIREMENT AND DEATH-IN-S

BENEFITS WITH RESPECT TO CERTAIN EMPLOYEES

SEC. 19. [50 U.S.C. §403s] 

(a) OFFICERS AND EMPLOYEES TO WHOM SECTION 2051 RULES APPL

Notwithstanding any other provision of law, an officer or employee o

Central Intelligence Agency subject to retirement system coverage un

subchapter III of chapter 83 of title 5 who— 

(1) has five years of civilian service credit toward retirement u

subchapter III of chapter 83, title 5; 

(2) has not been designated under section 2013 of this title as 

participant in the Central Intelligence Agency Retirement and 

System; 

(3) has become disabled during a period of assignment to the 

performance of duties that are qualifying toward such designa

such section 2013 of this title; and 

(4) satisfies the requirements for disability retirement under se

of title 5— 

shall, upon his own application or upon order of the Director, be retire

annuity computed in accordance with the rules prescribed in section 2

title, in lieu of an annuity computed as provided by section 8337 of tit

(b) Survivors of officers and employees to whom section 2052 rules a

Notwithstanding any other provision of law, in the case of an officer o

of the Central Intelligence Agency subject to retirement system cover

subchapter III of chapter 83, title 5, who— 

(1) has at least eighteen months of civilian service credit towa

retirement under such subchapter III of chapter 83, title 5; 

(2) has not been designated under section 2013 of this title as 

participant in the Central Intelligence Agency Retirement and 

System; 
193

such surviving spouse, former spouse, or child of such officer or empl

be entitled to an annuity computed in accordance with section 2052 of 

in lieu of an annuity computed in accordance with section 8341 of titl

(c) Annuities under this section deemed annuities under chapter 83 of 

The annuities provided under subsections (a) and (b) of this section sh

deemed to be annuities under chapter 83 of title 5 for purposes of the 

provisions of such chapter and other laws (including title 26) relating 

annuities, and shall be payable from the Central Intelligence Agency R

and Disability Fund maintained pursuant to section 2012 of this title. 

GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGE

SEC. 20. [50 U.S.C. §403t] 

(a) APPOINTMENT.—There is a General Counsel of the Central Intelli

Agency, appointed from civilian life by the President, by and with the 

consent of the Senate. 

(b) CHIEF LEGAL OFFICER.—The General Counsel is the chief legal o

Central Intelligence Agency. 

(c) FUNCTIONS.—The General Counsel of the Central Intelligence Ag

perform such functions as the Director may prescribe. 

CENTRAL SERVICES PROGRAM

SEC. 21. [50 U.S.C. §403u] 

(a) IN GENERAL.—The Director may carry out a program under which 

of the Agency provide items and services on a reimbursable basis to o

elements of the Agency, nonappropriated fund entities or instrumenta

associated or affiliated with the Agency, and other Government agenc

Director shall carry out the program in accordance with the provisions 

section.

(b) PARTICIPATION OF AGENCY ELEMENTS.—

 (1) In order to carry out the program, the Director shall— 

(A) designate the elements of the Agency that are to p

items or services under the program (in this section re

“central service providers”); 
194

(2) The designation of elements and the specification of items 

services under paragraph (1) shall be subject to the approval o

Director of the Office of Management and Budget. 

(c) CENTRAL SERVICES WORKING CAPITAL FUND.—

(1) There is established a fund to be known as the Central Ser

Working Capital Fund (in this section referred to as the “Fund

purpose of the Fund is to provide sums for activities under the 

 (2) There shall be deposited in the Fund the following: 

 (A) Amounts appropriated to the Fund. 

(B) Amounts credited to the Fund from payments rec

central service providers under subsection (e) of this s

(C) Fees imposed and collected under subsection (f)(

section.

(D) Amounts received in payment for loss or damage 

equipment or property of a central service provider as 

activities under the program. 

(E) Other receipts from the sale or exchange of equip

property of a central service provider as a result of ac

under the program. 

(F) Receipts from individuals in reimbursement for ut

services and meals provided under the program. 

(G) Receipts from individuals for the rental of proper

equipment under the program. 

(H) Such other amounts as the Director is authorized 

in or transfer to the Fund. 

(3) Amounts in the Fund shall be available, without fiscal yea

for the following purposes: 

(A) To pay the costs of providing items or services un

program. 

(B) To pay the costs of carrying out activities under s

(f)(2) of this section. 

(d) LIMITATION ON AMOUNT OF ORDERS.—The total value of all orde

or services to be provided under the program in any fiscal year may n

an amount specified in advance by the Director of the Office of Mana

Budget.
195

account personnel costs (including costs associated with salar

leave, and workers’ compensation), plant and equipment cost

depreciation of plant and equipment other than structures own

Agency), operation and maintenance expenses, amortized cos

other expenses. 

(2) Payment for items or services under paragraph (1) may tak

of an advanced payment by an agency from appropriations av

such agency for the procurement of such items or services. 

(f) FEES.—

(1) The Director may permit a central service provider to imp

collect a fee with respect to the provision of an item or service 

program. The amount of the fee may not exceed an amount eq

percent of the payment received by the provider for the item o

(2) The Director may obligate and expend amounts in the Fun

attributable to the fees imposed and collected under paragraph 

acquire equipment or systems for, or to improve the equipmen

systems of, central service providers and any elements of the 

are not designated for participation in the program in order to 

the designation of such elements for future participation in the 

(g) TERMINATION.—

(1) Subject to paragraph (2), the Director of the Central Intell

Agency and the Director of the Office of Management and Bu

acting jointly— 

(A) may terminate the program under this section and 

at any time; and 

(B) upon such termination, shall provide for the dispo

the personnel, assets, liabilities, grants, contracts, pro

records, and unexpended balances of appropriations, 

authorizations, allocations, and other funds held, used

from, available to, or to be made available in connect

program or the Fund. 

(2) The Director of the Central Intelligence Agency and the D

the Office of Management and Budget may not undertake any 

under paragraph (1) until 60 days after the date on which the D

jointly submit notice of such action to the Permanent Select C
196

The Director may— 

(1) detail any personnel of the Agency on a reimbursable basi

indefinitely to the National Reconnaissance Office without re

limitation under law on the duration of details of Federal Gov

personnel; and 

 (2) hire personnel for the purpose of any detail under paragrap

INTELLIGENCE OPERATIONS AND COVER ENHANCEMENT AUTH

Sec. 23. [50 U.S.C. §403w] 

(a) DEFINITIONS.—In this section— 

(1) the term “designated employee” means an employee desig

the Director of the Central Intelligence Agency under subsect

this section; and 

(2) the term “Federal retirement system” includes the Central 

Intelligence Agency Retirement and Disability System, and th

Employees’ Retirement System (including the Thrift Savings 

(b) IN GENERAL.—

(1) AUTHORITY.—Notwithstanding any other provision of law

Director of the Central Intelligence Agency may exercise the 

under this section in order to— 

 (A) protect from unauthorized disclosure— 

 (i) intelligence operations; 

 (ii) the identities of undercover intelligence o

 (iii) intelligence sources and methods; or 

 (iv) intelligence cover mechanisms; or 

(B) meet the special requirements of work related to c

foreign intelligence or other authorized activities of th

(2) DESIGNATION OF EMPLOYEES.—The Director of the Cent

Intelligence Agency may designate any employee of the Agen

under nonofficial cover to be an employee to whom this sectio

Such designation may be made with respect to any or all auth

exercised under this section. 

(c) COMPENSATION.—The Director of the Central Intelligence Agenc

designated employee salary, allowances, and other benefits in an amo

manner consistent with the nonofficial cover of that employee, withou
197

establish and administer a nonofficial cover employee retirem

for designated employees (and the spouse, former spouses, an

of such designated employees). A designated employee may n

participate in the retirement system established under this par

another Federal retirement system at the same time. 

 (2) CONVERSION TO OTHER FEDERAL RETIREMENT SYSTEM.—

(A) IN GENERAL.—A designated employee participat

retirement system established under paragraph (1) ma

to coverage under the Federal retirement system whic

otherwise apply to that employee at any appropriate t

determined by the Director of the Central Intelligence 

(including at the time of separation of service by reas

retirement), if the Director of the Central Intelligence 

determines that the employee’s participation in the re

system established under this subsection is no longer 

to protect from unauthorized disclosure— 

 (i) intelligence operations; 

 (ii) the identities of undercover intelligence o

 (iii) intelligence sources and methods; or 

 (iv) intelligence cover mechanisms. 

(B) CONVERSION TREATMENT.—Upon a conversion 

paragraph—

(i) all periods of service under the retirement 

established under this subsection shall be dee

periods of creditable service under the applic

retirement system; 

(ii) the Director of the Central Intelligence A

transmit an amount for deposit in any applica

that Federal retirement system that— 

(I) is necessary to cover all employee 

agency contributions including— 

(aa) interest as determined by 

of the agency administering t

retirement system into which 

employee is converting; or 
198

in any unfunded liability to that fund

(iii) in the case of a designated employee who 

participated in an employee investment retire

system established under paragraph (1) and is 

to coverage under subchapter III of chapter 8

the Director of the Central Intelligence Agenc

transmit any or all amounts of that designated 

in that employee investment retirement system 

similar part of that retirement system) to the T

Savings Fund. 

 (C) TRANSMITTED AMOUNTS.—

(i) IN GENERAL.—Amounts described under 

subparagraph (B)(ii) shall be paid from the fu

appropriation used to pay the designated emp

(ii) OFFSET.—The Director of the Central Int

Agency may use amounts contributed by the 

employee to a retirement system established u

paragraph (1) to offset amounts paid under cl

(D) RECORDS.—The Director of the Central Intelligen

shall transmit all necessary records relating to a desig

employee who converts to a Federal retirement system 

paragraph (including records relating to periods of ser

are deemed to be periods of creditable service under 

subparagraph (B)) to the head of the agency administ

Federal retirement system. 

(e) HEALTH INSURANCE BENEFITS.—

(1) IN GENERAL.—The Director of the Central Intelligence A

establish and administer a nonofficial cover employee health 

program for designated employees (and the family of such de

employees). A designated employee may not participate in th

insurance program established under this paragraph and the p

under chapter 89 of title 5 at the same time. 

(2) CONVERSION TO FEDERAL EMPLOYEES’ HEALTH BENEFIT

PROGRAM.—

(A) IN GENERAL.—A designated employee participat

health insurance program established under paragraph 
199

is no longer necessary to protect from unauthorized d

 (i) intelligence operations; 

 (ii) the identities of undercover intelligence o

 (iii) intelligence sources and methods; or 

 (iv) intelligence cover mechanisms. 

(B) CONVERSION TREATMENT.—Upon a conversion 

paragraph—

(i) the employee (and family, if applicable) sh

entitled to immediate enrollment and coverag

chapter 89 of title 5; 

(ii) any requirement of prior enrollment in a h

benefits plan under chapter 89 of that title for 

continuation of coverage purposes shall not a

(iii) the employee shall be deemed to have ha

under chapter 89 of that title from the first op

enroll for purposes of continuing coverage as 

annuitant; and 

(iv) the Director of the Central Intelligence A

transmit an amount for deposit in the Employ

Benefits Fund that is necessary to cover any c

such conversion. 

(C) TRANSMITTED AMOUNTS.—Any amount describe

subparagraph (B)(iv) shall be paid from the fund or 

appropriation used to pay the designated employee. 

(f) LIFE INSURANCE BENEFITS.—

(1) IN GENERAL.—The Director of the Central Intelligence A

establish and administer a nonofficial cover employee life ins

program for designated employees (and the family of such de

employees). A designated employee may not participate in th

insurance program established under this paragraph and the p

under chapter 87 of title 5 at the same time. 

(2) CONVERSION TO FEDERAL EMPLOYEES GROUP LIFE INSU

PROGRAM.—

(A) IN GENERAL.—A designated employee participat

life insurance program established under paragraph (1

convert to coverage under the program under chapter 
200

 (i) intelligence operations; 

 (ii) the identities of undercover intelligence o

 (iii) intelligence sources and methods; or 

 (iv) intelligence cover mechanisms. 

(B) CONVERSION TREATMENT.—Upon a conversion 

paragraph—

(i) the employee (and family, if applicable) sh

entitled to immediate coverage under chapter 

5;

(ii) any requirement of prior enrollment in a l

insurance program under chapter 87 of that ti

continuation of coverage purposes shall not a

(iii) the employee shall be deemed to have had 

under chapter 87 of that title for the full period 

during which the employee would have been e

be insured for purposes of continuing coverag

annuitant; and 

(iv) the Director of the Central Intelligence A

transmit an amount for deposit in the Employe

Insurance Fund that is necessary to cover any 

such conversion. 

(C) TRANSMITTED AMOUNTS.—Any amount describe

subparagraph (B)(iv) shall be paid from the fund or 

appropriation used to pay the designated employee. 

(g) EXEMPTION FROM CERTAIN REQUIREMENTS.—The Director of th

Intelligence Agency may exempt a designated employee from mandat

compliance with any Federal regulation, rule, standardized administra

process, or procedure that the Director of the Central Intelligence Age

determines— 

(1) would be inconsistent with the nonofficial cover of that em

and

 (2) could expose that employee to detection as a Federal empl

(h) TAXATION AND SOCIAL SECURITY.—

(1) In general.—Notwithstanding any other provision of law, 

designated employee— 
201

necessary to— 

 (i) protect from unauthorized disclosure— 

 (I) intelligence operations; 

(II) the identities of undercover intell

officers;

 (III) intelligence sources and method

 (IV) intelligence cover mechanisms; 

(ii) meet the special requirements of work rel

collection of foreign intelligence or other auth

activities of the Agency; and 

(B) shall receive social security benefits based on the 

security contributions made. 

(2) INTERNAL REVENUE SERVICE REVIEW.—The Director of 

Intelligence Agency shall establish procedures to carry out thi

subsection. The procedures shall be subject to periodic review 

Internal Revenue Service. 

(i) Regulations.—The Director of the Central Intelligence Agency sha

regulations to carry out this section. The regulations shall ensure that 

combination of salary, allowances, and benefits that an employee desi

under this section may retain does not significantly exceed, except to 

determined by the Director of the Central Intelligence Agency to be n

exercise the authority in subsection (b) of this section, the combinatio

allowances, and benefits otherwise received by Federal employees no

under this section. 

(j) Finality of decisions.—Any determinations authorized by this secti

made by the Director of the Central Intelligence Agency or the Direct

designee shall be final and conclusive and shall not be subject to revie

court.

(k) Subsequently enacted laws.—No law enacted after the effective da

section shall affect the authorities and provisions of this section unles

specifically refers to this section. 

SEPARATION PAY PROGRAM FOR VOLUNTARY SEPARATION FROM 

[50 U.S.C. §403x] 

(a) DEFINITIONS.—For purposes of this section— 
202

(A) a reemployed annuitant under subchapter III of ch

chapter 84 of title 5 or another retirement system for e

of the Government; or 

(B) an employee having a disability on the basis of w

employee is or would be eligible for disability retirem

any of the retirement systems referred to in subparagr

(b) ESTABLISHMENT OF PROGRAM.—In order to avoid or minimize th

involuntary separations due to downsizing, reorganization, transfer of 

or other similar action, the Director may establish a program under wh

employees may be offered separation pay to separate from service vol

(whether by retirement or resignation). An employee who receives sep

under such program may not be reemployed by the Central Intelligenc

for the 12-month period beginning on the effective date of the employ

separation. An employee who receives separation pay under this secti

basis of a separation occurring on or after March 30, 1994, and accept

employment with the Government of the United States within 5 years 

date of the separation on which payment of the separation pay is based 

required to repay the entire amount of the separation pay to the Centra

Intelligence Agency. If the employment is with an Executive agency 

by section 105 of title 5), the Director of the Office of Personnel Man

may, at the request of the head of the agency, waive the repayment if 

individual involved possesses unique abilities and is the only qualified 

available for the position. If the employment is with an entity in the le

branch, the head of the entity or the appointing official may waive the 

if the individual involved possesses unique abilities and is the only qu

applicant available for the position. If the employment is with the judi

the Director of the Administrative Office of the United States Courts m

the repayment if the individual involved possesses unique abilities and 

qualified applicant available for the position. 

(c) BAR ON CERTAIN EMPLOYMENT.—

(1) BAR.—An employee may not be separated from service u

section unless the employee agrees that the employee will not 

(A) act as agent or attorney for, or otherwise represen

person (except the United States) in any formal or inf

appearance before, or, with the intent to influence, ma
203

separation from service. 

(2) PENALTY.—An employee who violates an agreement und

subsection shall be liable to the United States in the amount o

separation pay paid to the employee pursuant to this section ti

proportion of the 12-month period during which the employee 

violation of the agreement. 

(d) LIMITATIONS.—Under this program, separation pay may be offere

 (1) with the prior approval of the Director; and 

(2) to employees within such occupational groups or geograph

locations, or subject to such other similar limitations or condi

Director may require. 

(e) AMOUNT AND TREATMENT FOR OTHER PURPOSES.—Such separat

 (1) shall be paid in a lump sum; 

 (2) shall be equal to the lesser of— 

(A) an amount equal to the amount the employee wou

entitled to receive under section 5595(c) of title 5, if t

employee were entitled to payment under such section

 (B) $25,000; 

(3) shall not be a basis for payment, and shall not be included 

computation, of any other type of Government benefit; and 

(4) shall not be taken into account for the purpose of determin

amount of any severance pay to which an individual may be e

under section 5595 of title 5 based on any other separation. 

(f) REGULATIONS.—The Director shall prescribe such regulations as m

necessary to carry out this section. 

(g) REPORTING REQUIREMENTS.—

(1) OFFERING NOTIFICATIOn.—The Director may not make an 

of voluntary separation pay pursuant to this section until 30 d

submitting to the Permanent Select Committee on Intelligence 

House of Representatives and the Select Committee on Intelli

the Senate a report describing the occupational groups or geog

locations, or other similar limitations or conditions, required b

Director under subsection (d) of this section. 

(2) Annual report.—At the end of each of the fiscal years 199

1997, the Director shall submit to the President and the Perma

Committee on Intelligence of the House of Representatives an
204
205

civilian life by the President, by and with the advice and consent of th

(b) Subject to the authority, direction, and control of the Secretary of D

the Under Secretary of Defense for Intelligence shall perform such du

exercise such powers as the Secretary of Defense may prescribe in the 

intelligence.

(c) The Under Secretary of Defense for Intelligence takes precedence 

Department of Defense after the Under Secretary of Defense for Perso

Readiness.

CHAPTER 21 OF TITLE 10, UNITED STATES CODE 

SEC. 421. FUNDS FOR FOREIGN CRYPTOLOGIC SUPPORT.

(a) The Secretary of Defense may use appropriated funds available to 

Department of Defense for intelligence and communications purposes 

the expenses of arrangements with foreign countries for cryptologic su

(b) The Secretary of Defense may use funds other than appropriated fu

for the expenses of arrangements with foreign countries for cryptolog

without regard for the provisions of law relating to the expenditure of 

States Government funds, except that— 

(1) no such funds may be expended, in whole or in part, by or 

benefit of the Department of Defense for a purpose for which 

had previously denied funds; and 

(2) proceeds from the sale of cryptologic items may be used o

purchase replacement items similar to the items that are sold; 

(3) the authority provided by this subsection may not be used 

items or services for the principal benefit of the United States

(c) Any funds expended under the authority of subsection (a) shall be 

the Select Committee on Intelligence of the Senate and the Permanent 

Committee on Intelligence of the House of Representatives pursuant t

provisions of title V of the National Security Act of 1947 (50 U.S.C. §

seq.). Funds expended under the authority of subsection (b) shall be re

pursuant to procedures jointly agreed upon by such committees and th

of Defense.
206

(b) PROMOTIONAL ITEMS FOR RECRUITMENT PURPOSES.—The Secret

Defense may use funds available for an intelligence element of the De

Defense to purchase promotional items of nominal value for use in the 

recruitment of individuals for employment by that element. 

SEC. 423. AUTHORITY TO USE PROCEEDS FROM COUNTERINTELLI

OPERATIONS OF THE MILITARY DEPARTMENTS.

(a) The Secretary of Defense may authorize, without regard to the pro

section 3302 of title 31, use of proceeds from counterintelligence oper

conducted by components of the military departments to offset necess

reasonable expenses, not otherwise prohibited by law, incurred in such 

operations, and to make exceptional performance awards to personnel 

in such operations, if use of appropriated funds to meet such expenses 

such awards would not be practicable. 

(b) As soon as the net proceeds from such counterintelligence operatio

longer necessary for the conduct of those operations, such proceeds sh

deposited into the Treasury as miscellaneous receipts. 

(c) The Secretary of Defense shall establish policies and procedures to 

acquisition, use, management, and disposition of proceeds from 

counterintelligence operations conducted by components of the milita

departments, including effective internal systems of accounting and 

administrative controls. 

SEC. 424. DISCLOSURE OF ORGANIZATIONAL AND PERSONNEL

INFORMATION: EXEMPTION FOR SPECIFIED INTELLIGENCE AGENC

(a) EXEMPTION FROM DISCLOSURE.—Except as required by the Presi

provided in subsection (c), no provision of law shall be construed to r

disclosure of—

(1) the organization or any function of an organization of the 

of Defense named in subsection (b); or 

(2) the number of persons employed by or assigned or detaile

such organization or the name, official title, occupational seri

salary of any such person. 

(b) COVERED ORGANIZATIONS.—This section applies to the following 

organizations of the Department of Defense:

(1) The Defense Intelligence Agency. 
207

SEAL: SPECIFIED INTELLIGENCE AGENCIES.

(a) PROHIBITION.—Except with the written permission of both the Sec

Defense and the Director of Central Intelligence, no person may know

in connection with any merchandise, retail product, impersonation, so

or commercial activity in a manner reasonably calculated to convey th

impression that such use is approved, endorsed, or authorized by the S

and the Director, any of the following (or any colorable imitation ther

(1) The words “Defense Intelligence Agency”, the initials “D

seal of the Defense Intelligence Agency. 

(2) The words “National Reconnaissance Office”, the initials 

the seal of the National Reconnaissance Office. 

(3) The words “National Imagery and Mapping Agency”, the 

“NIMA”, or the seal of the National Imagery and Mapping A

(4) The words “Defense Mapping Agency”, the initials “DMA

seal of the Defense Mapping Agency. 

(5) The words “National Geospatial-Intelligence Agency”, the 

“NGA,” or the seal of the National Geospatial-Intelligence Ag

(b) AUTHORITY TO ENJOIN VIOLATIONS.—Whenever it appears to the 

General that any person is engaged or is about to engage in an act or p

which constitutes or will constitute conduct prohibited by subsection (

Attorney General may initiate a civil proceeding in a district court of t

States to enjoin such act or practice. Such court shall proceed as soon 

practicable to the hearing and determination of such action and may, a

before final determination, enter such restraining orders or prohibition

such other actions as is warranted, to prevent injury to the United Stat

person or class of persons for whose protection the action is brought.

SEC. 426. INTEGRATION OF DEPARTMENT OF DEFENSE INTELLIGE

SURVEILLANCE, AND RECONNAISSANCE CAPABILITIES.

(a) ISR INTEGRATION COUNCIL.—

(1) The Under Secretary of Defense for Intelligence shall esta

Intelligence, Surveillance, and Reconnaissance Integration Co

(A) to assist the Under Secretary with respect to matt

to the integration of intelligence, surveillance, and 

reconnaissance capabilities, and coordination of relate

developmental activities, of the military departments, 
208

(A) the senior intelligence officers of the armed force

United States Special Operations Command; 

(B) the Director of Operations of the Joint Staff; and 

(C) the directors of the intelligence agencies of the D

of Defense.

(3) The Under Secretary of Defense for Intelligence shall invi

participation of the Director of Central Intelligence (or that D

representative) in the proceedings of the Council. 

(b) ISR INTEGRATION ROADMAP.—

(1) The Under Secretary of Defense for Intelligence shall dev

comprehensive plan, to be known as the “Defense Intelligenc

Surveillance, and Reconnaissance Integration Roadmap”, to g

development and integration of the Department of Defense in

surveillance, and reconnaissance capabilities for the 15-year p

fiscal years 2004 through 2018. 

(2) The Under Secretary shall develop the Defense Intelligenc

Surveillance, and Reconnaissance Integration Roadmap in con

with the Intelligence, Surveillance, and Reconnaissance Integ

Council and the Director of National Intelligence. 

SEC. 427. INTELLIGENCE OVERSIGHT ACTIVITIES OF DEPARTMEN

DEFENSE: ANNUAL REPORTS.

(a) ANNUAL REPORTS REQUIRED.—

(1) Not later than March 1 of each year, the Secretary of Defe

submit— 

(A) to the congressional committees specified in subp

(A) of paragraph (2) a report on the intelligence overs

activities of the Department of Defense during the pre

calendar year insofar as such oversight activities relat

intelligence and intelligence-related activities of the D

and

(B) to the congressional committees specified in subp

(B) of paragraph (2) a report on the intelligence overs

activities of the Department of Defense during the pre

calendar year insofar as such oversight activities relat
209

Committee on Armed Services, and the Comm

Appropriations of the House of Representativ

(B) The committees specified in this subparagraph ar

following:

(i) The Select Committee on Intelligence, the 

on Armed Services, and the Committee on 

Appropriations of the Senate. 

(ii) The Permanent Select Committee on Inte

the Committee on Appropriations of the Hou

Representatives. 

(b) ELEMENTS.—Each report under subsection (a) shall include, for th

year covered by such report and with respect to oversight activities su

coverage in that report, the following: 

(1) A description of any violation of law or of any Executive 

Presidential directive (including Executive Order No. 12333) 

to the attention of any General Counsel or Inspector General w

Department of Defense, or the Under Secretary of Defense fo

Intelligence, and a description of the actions taken by such of

respect to such activity. 

(2) A description of the results of intelligence oversight inspe

undertaken by each of the following: 

(A) The Office of the Secretary of Defense. 

(B) Each military department. 

(C) Each combat support agency. 

(D) Each field operating agency. 

(3) A description of any changes made in any program for the 

intelligence oversight activities of the Department of Defense

any training program. 

(4) A description of any changes made in any published direc

policy memoranda on the intelligence or intelligence-related a

of—

(A) any military department; 

(B) any combat support agency; or 

(C) any field operating agency. 
210

Executive order or Presidential directive (including Executive 

12333). 

(2) The term “combat support agency” has the meaning given 

in section 193(f) of this title. 

(3) The term “field operating agency” means a specialized sub

the Department of Defense that carries out activities under the 

operational control of the Department. 

SEC. 431. AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVITIES A

SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES.

(a) AUTHORITY.—The Secretary of Defense, subject to the provisions 

subchapter, may authorize the conduct of those commercial activities 

to provide security for authorized intelligence collection activities abr

undertaken by the Department of Defense. No commercial activity ma

initiated pursuant to this subchapter after December 31, 2006. 

(b) INTERAGENCY COORDINATION AND SUPPORT.—Any such activity 

(1) be coordinated with, and (where appropriate) be supported 

Director of Central Intelligence; and

(2) to the extent the activity takes place within the United Stat

coordinated with, and (where appropriate) be supported by, th

of the Federal Bureau of Investigation. 

(c) DEFINITIONS.—In this subchapter:

(1) The term “commercial activities” means activities that are 

in a manner consistent with prevailing commercial practices a

includes—

(A) the acquisition, use, sale, storage and disposal of 

services;

(B) entering into employment contracts and leases an

agreements for real and personal property; 

(C) depositing funds into and withdrawing funds from 

and foreign commercial business or financial instituti

(D) acquiring licenses, registrations, permits, and insu

(E) establishing corporations, partnerships, and other 

entities.

(2) The term “intelligence collection activities” means the col

foreign intelligence and counterintelligence information. 
211

purpose shall be deposited, as often as may be practicable, into the Tr

miscellaneous receipts. 

(b) AUDITS.—

(1) The Secretary of Defense shall assign an organization with

Department of Defense to have auditing responsibility with re

activities authorized under this subchapter. 

(2) That organization shall audit the use and disposition of fun

generated by any commercial activity authorized under this su

not less often than annually. The results of all such audits sha

promptly reported to the intelligence committees (as defined i

437 (d) of this title). 

SEC. 433. RELATIONSHIP WITH OTHER FEDERAL LAWS.

(a) IN GENERAL.—Except as provided by subsection (b), a commercia

conducted pursuant to this subchapter shall be carried out in accordan

applicable Federal law.

(b) AUTHORIZATION OF WAIVERS WHEN NECESSARY TO MAINTAIN

SECURITY.—

(1) If the Secretary of Defense determines, in connection with 

commercial activity authorized pursuant to section 431 of this 

compliance with certain Federal laws or regulations pertainin

management and administration of Federal agencies would cr

unacceptable risk of compromise of an authorized intelligence 

the Secretary may, to the extent necessary to prevent such com

waive compliance with such laws or regulations. 

(2) Any determination and waiver by the Secretary under para

shall be made in writing and shall include a specification of th

regulations for which compliance by the commercial activity 

is not required consistent with this section. 

(3) The authority of the Secretary under paragraph (1) may be 

only to the Deputy Secretary of Defense, an Under Secretary 

an Assistant Secretary of Defense, or a Secretary of a military 

department. 

(c) FEDERAL LAWS AND REGULATIONS.—For purposes of this section

laws and regulations pertaining to the management and administration 

agencies are only those Federal laws and regulations pertaining to the 
212

(7) Foreign trade or financial transaction restrictions that wou

the commercial activity as an activity of the United States Go

SEC. 434. RESERVATION OF DEFENSES AND IMMUNITIES.

The submission to judicial proceedings in a State or other legal jurisdi

connection with a commercial activity undertaken pursuant to this sub

shall not constitute a waiver of the defenses and immunities of the Un

SEC. 435. LIMITATIONS.

(a) LAWFUL ACTIVITIES.—Nothing in this subchapter authorizes the c

any intelligence activity that is not otherwise authorized by law or Ex

order.

(b) DOMESTIC ACTIVITIES.—Personnel conducting commercial activi

authorized by this subchapter may only engage in those activities in th

States to the extent necessary to support intelligence activities abroad

(c) PROVIDING GOODS AND SERVICES TO THE DEPARTMENT OF DEFEN

Commercial activity may not be undertaken within the United States f

purpose of providing goods and services to the Department of Defens

than as may be necessary to provide security for the activities subject 

subchapter.

(d) NOTICE TO UNITED STATES PERSONS.—

(1) In carrying out a commercial activity authorized under thi

subchapter, the Secretary of Defense may not permit an entity 

such activity to employ a United States person in an operation

managerial, or supervisory position, and may not assign or de

United States person to perform operational, managerial, or su

duties for such an entity, unless that person is informed in adv

intelligence security purpose of that activity. 

(2) In this subsection, the term “United States person” means 

individual who is a citizen of the United States or an alien law

admitted to the United States for permanent residence. 

SEC. 436. REGULATIONS.

The Secretary of Defense shall prescribe regulations to implement the 

provided in this subchapter. Such regulations shall be consistent with 

subchapter and shall at a minimum— 
213

regulations pursuant to section 433 (b) of this title, or to appro

establishment or conduct of commercial activities pursuant to 

subchapter;

(4) designate a single office within the Defense Intelligence A

be responsible for the management and supervision of all acti

authorized under this subchapter; 

(5) require that each commercial activity proposed to be autho

this subchapter be subject to appropriate legal review before t

is authorized; and

(6) provide for appropriate internal audit controls and oversig

activities.

SEC. 437. CONGRESSIONAL OVERSIGHT.

(a) PROPOSED REGULATIONS.—Copies of regulations proposed to be 

under section 436 of this title (including any proposed revision to such 

regulations) shall be submitted to the intelligence committees not less 

days before they take effect. 

(b) CURRENT INFORMATION.—Consistent with title V of the National 

Act of 1947 (50 U.S.C. §413 et seq.), the Secretary of Defense shall e

the intelligence committees are kept fully and currently informed of a

pursuant to this subchapter, including any significant anticipated activ

authorized pursuant to this subchapter. 

(c) ANNUAL REPORT.—Not later each year than the date provided in s

of the National Security Act of 1947 (50 U.S.C. §415b), the Secretary 

submit to the congressional intelligence committees (as defined in sec

that Act (50 U.S.C. §401a)) a report on all commercial activities autho

under this subchapter that were undertaken during the previous fiscal 

report shall include (with respect to the fiscal year covered by the repo

following:

(1) A description of any exercise of the authority provided by 

(b) of this title. 

(2) A description of any expenditure of funds made pursuant t

subchapter (whether from appropriated or non-appropriated fu

(3) A description of any actions taken with respect to audits c

pursuant to section 432 of this title to implement recommenda

correct deficiencies identified in such audits. 
214
215

SHORT TITLE; TABLE OF CONTENTS.

SECTION 1. [6 U.S.C. §101 note] 

(a) SHORT TITLE.—This Act may be cited as the “Homeland Security 

2002”.

(b) (b) TABLE OF CONTENTS.—The table of contents for this Act is as 

SEC. 1. Short title; table of contents. 

SEC. 2. Definitions. 

SEC. 3. Construction; severability. 

SEC. 4. Effective date. 

TITLE I—DEPARTMENT OF HOMELAND SECURITY

SEC. 101. Executive department; mission. 

SEC. 102. Secretary; functions. 

SEC. 103. Other officers. 

TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECT

SUBTITLE A—INFORMATION AND ANALYSIS AND INFRASTRUCTURE PROT

ACCESS TO INFORMATION

SEC. 201. Information and Analysis and Infrastructure Protection. 

SEC. 202. Access to information. 

SEC. 203. Homeland Security Advisory System. 

SEC. 204. Homeland security information sharing. 

SEC. 205. Comprehensive information technology network architectu

SEC. 206. Coordination with information sharing environment. 

SEC. 207. Intelligence components. 

SEC. 208. Training for employees of intelligence components. 

SEC. 209. Intelligence training development for State and local gover

officials.

SEC. 210. Information sharing incentives. 

SEC. 210A. Department of Homeland Security State, Local, and Regio

Information Fusion Center Initiative.

SEC. 210B. Homeland Security Information Sharing Fellows Program. 

SEC. 210C. Rural Policing Institute. 

SEC. 210D. Interagency Threat Assessment and Coordination Group. 

SEC. 210E. National Asset Database. 
216

SEC. 221. Procedures for sharing information. 

SEC. 222. Privacy Officer. 

SEC. 223. Enhancement of non-Federal cybersecurity. 

SEC. 224. Net guard. 

SEC. 225. Cyber Security Enhancement Act of 2002. 

SUBTITLE D—OFFICE OF SCIENCE AND TECHNOLOGY

SEC. 231. Establishment of office; Director. 

SEC. 232. Mission of office; duties. 

SEC. 233. Definition of law enforcement technology. 

SEC. 234. Abolishment of Office of Science and Technology of Natio

of Justice; transfer of functions. 

SEC. 235. National Law Enforcement and Corrections Technology C

SEC. 236. Coordination with other entities within Department of Just

SEC. 237. Amendments relating to National Institute of Justice. 

TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SEC

SEC. 301. Under Secretary for Science and Technology. 

SEC. 302. Responsibilities and authorities of the Under Secretary for 

Technology. 

SEC. 303. Functions transferred. 

SEC. 304. Conduct of certain public health-related activities. 

SEC. 305. Federally funded research and development centers. 

SEC. 306. Miscellaneous provisions. 

SEC. 307. Homeland Security Advanced Research Projects Agency. 

SEC. 308. Conduct of research, development, demonstration, testing a

evaluation.

SEC. 309. Utilization of Department of Energy national laboratories a

support of homeland security activities. 

SEC. 310. Transfer of Plum Island Animal Disease Center, Departme

Agriculture. 

SEC. 311. Homeland Security Science and Technology Advisory Com

SEC. 312. Homeland Security Institute. 

SEC. 313. Technology clearinghouse to encourage and support innov

solutions to enhance homeland security. 

SEC. 314. Office for Interoperability and Compatibility. 

SEC. 315. Emergency communications interoperability research and 

SEC. 316. National Biosurveillance Integration Center. 

SEC. 317. Promoting antiterrorism through international cooperation 
217

SUBTITLE B—UNITED STATES CUSTOMS SERVICE

SEC. 411. Establishment; Commissioner of Customs. 

SEC. 412. Retention of customs revenue functions by Secretary of the 

SEC. 413. Preservation of customs funds. 

SEC. 414. Separate budget request for customs. 

SEC. 415. Definition. 

SEC. 416. GAO report to Congress. 

SEC. 417. Allocation of resources by the Secretary. 

SEC. 418. Reports to Congress. 

SEC. 419. Customs user fees. 

SUBTITLE C—MISCELLANEOUS PROVISIONS

SEC. 421. Transfer of certain agricultural inspection functions of the 

of Agriculture. 

SEC. 422. Functions of Administrator of General Services. 

SEC. 423. Functions of Transportation Security Administration. 

SEC. 424. Preservation of Transportation Security Administration as 

entity. 

SEC. 425. Explosive detection systems. 

SEC. 426. Transportation security. 

SEC. 427. Coordination of information and information technology. 

SEC. 428. Visa issuance. 

SEC. 429. Information on visa denials required to be entered into elec

system. 

SEC. 430. Office for Domestic Preparedness. 

SEC. 431. Office of Cargo Security Policy. 

SUBTITLE D—IMMIGRATION ENFORCEMENT FUNCTIONS

SEC. 441. Transfer of functions to Under Secretary for Border and Tr

Security.

SEC. 442. Establishment of Bureau of Border Security. 

SEC. 443. Professional responsibility and quality review. 

SEC. 444. Employee discipline. 

SEC. 445. Report on improving enforcement functions. 

SEC. 446. Sense of Congress regarding construction of fencing near S

California. 

SUBTITLE E—CITIZENSHIP AND IMMIGRATION SERVICES

SEC. 451. Establishment of Bureau of Citizenship and Immigration S
218

SEC. 459. Report on improving immigration services. 

SEC. 460. Report on responding to fluctuating needs. 

SEC. 461. Application of Internet-based technologies. 

SEC. 462. Children’s affairs. 

SUBTITLE F—GENERAL IMMIGRATION PROVISIONS

SEC. 471. Abolishment of INS. 

SEC. 472. Voluntary separation incentive payments. 

SEC. 473. Authority to conduct a demonstration project relating to di

action. 

SEC. 474. Sense of Congress. 

SEC. 475. Director of Shared Services. 

SEC. 476. Separation of funding. 

SEC. 477. Reports and implementation plans. 

SEC. 478. Immigration functions. 

TITLE V—EMERGENCY PREPAREDNESS AND RESPONSE

SEC. 501. Definitions. 

SEC. 502. Definition. 

SEC. 503. Federal Emergency Management Agency. 

SEC. 504. Authorities and responsibilities. 

SEC. 505. Functions transferred. 

SEC. 506. Preserving the Federal Emergency Management Agency. 

SEC. 507. Regional Offices. 

SEC. 508. National Advisory Council. 

SEC. 509. National Integration Center. 

SEC. 510. Credentialing and typing. 

SEC. 511. The National Infrastructure Simulation and Analysis Cente

SEC. 512. Evacuation plans and exercises. 

SEC. 513. Disability Coordinator. 

SEC. 514. Department and Agency officials. 

SEC. 515. National Operations Center. 

SEC. 516. Chief Medical Officer. 

SEC. 517. Nuclear incident response. 

SEC. 518. Conduct of certain public health-related activities. 

SEC. 519. Use of national private sector networks in emergency respo

SEC. 520. Use of commercially available technology, goods, and serv

SEC. 521. Procurement of security countermeasures for strategic nati

stockpile. 
219

SEC. 601. Treatment of charitable trusts for members of the Armed F

United States and other governmental organizations. 

TITLE VII—MANAGEMENT

SEC. 701. Under Secretary for Management. 

SEC. 702. Chief Financial Officer. 

SEC. 703. Chief Information Officer. 

SEC. 704. Chief Human Capital Officer. 

SEC. 705. Establishment of Officer for Civil Rights and Civil Libertie

SEC. 706. Consolidation and co-location of offices. 

SEC. 707. Quadrennial Homeland Security Review. 

TITLE VIII—COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR G

UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVIS

SUBTITLE A—COORDINATION WITH NON-FEDERAL ENTITIES

SEC. 801. Office for State and Local Government Coordination. 

SUBTITLE B—INSPECTOR GENERAL

SEC. 811. Authority of the Secretary. 

SEC. 812. Law enforcement powers of Inspector General agents. 

SUBTITLE C—UNITED STATES SECRET SERVICE

SEC. 821. Functions transferred. 

SUBTITLE D—ACQUISITIONS

SEC. 831. Research and development projects. 

SEC. 832. Personal services. 

SEC. 833. Special streamlined acquisition authority. 

SEC. 834. Unsolicited proposals. 

SEC. 835. Prohibition on contracts with corporate expatriates. 

SUBTITLE E—HUMAN RESOURCES MANAGEMENT

SEC. 841. Establishment of Human Resources Management System. 

SEC. 842. Labor-management relations. 

SEC. 843. Use of counternarcotics enforcement activities in certain em

performance appraisals. 

SEC. 844. Homeland Security Rotation Program. 

SEC. 845. Homeland Security Education Program. 
220

SEC. 855. Application of certain commercial items authorities to cert

procurements. 

SEC. 856. Use of streamlined procedures. 

SEC. 857. Review and report by Comptroller General. 

SEC. 858. Identification of new entrants into the Federal marketplace

SUBTITLE G—SUPPORT ANTI-TERRORISM BY 

FOSTERING EFFECTIVE TECHNOLOGIES ACT OF 2002 

SEC. 861. Short title. 

SEC. 862. Administration. 

SEC. 863. Litigation management. 

SEC. 864. Risk management. 

SEC. 865. Definitions. 

SUBTITLE H—MISCELLANEOUS PROVISIONS

SEC. 871. Advisory committees. 

Sec. 872. Reorganization. 

SEC. 873. Use of appropriated funds. 

SEC. 874. Future Year Homeland Security Program. 

SEC. 875. Miscellaneous authorities. 

SEC. 876. Military activities. 

SEC. 877. Regulatory authority and preemption. 

SEC. 878. Counternarcotics officer. 

SEC. 879. Office of International Affairs. 

SEC. 880. Prohibition of the Terrorism Information and Prevention S

SEC. 881. Review of pay and benefit plans. 

SEC. 882. Office for National Capital Region Coordination. 

SEC. 883. Requirement to comply with laws protecting equal employ

opportunity and providing whistleblower protections. 

SEC. 884. Federal Law Enforcement Training Center. 

SEC. 885. Joint Interagency Task Force. 

SEC. 886. Sense of Congress reaffirming the continued importance an

applicability of the Posse Comitatus Act. 

SEC. 887. Coordination with the Department of Health and Human S

the Public Health Service Act. 

SEC. 888. Preserving Coast Guard mission performance. 

SEC. 889. Homeland security funding analysis in President’s budget. 

SEC. 890. Air Transportation Safety and System Stabilization Act. 
221

SEC. 897. Foreign intelligence information. 

SEC. 898. Information acquired from an electronic surveillance. 

SEC. 899. Information acquired from a physical search. 

TITLE IX—NATIONAL HOMELAND SECURITY COUNCIL

SEC. 901. National Homeland Security Council. 

SEC. 902. Function. 

SEC. 903. Membership. 

SEC. 904. Other functions and activities. 

SEC. 905. Staff composition. 

SEC. 906. Relation to the National Security Council. 

TITLE X—INFORMATION SECURITY

SEC. 1001. Information security. 

SEC. 1002. Management of information technology. 

SEC. 1003. National Institute of Standards and Technology. 

SEC. 1004. Information Security and Privacy Advisory Board. 

SEC. 1005. Technical and conforming amendments. 

SEC. 1006. Construction. 

TITLE XI—DEPARTMENT OF JUSTICE DIVISIONS

SUBTITLE A—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

SEC. 1101. Legal status of EOIR. 

SEC. 1102. Authorities of the Attorney General. 

SEC. 1103. Statutory construction. 

SUBTITLE B—TRANSFER OF THE BUREAU OF ALCOHOL,

TOBACCO AND FIREARMS TO THE DEPARTMENT OF JUSTICE

SEC. 1111. Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

SEC. 1112. Technical and conforming amendments. 

SEC. 1113. Powers of agents of the Bureau of Alcohol, Tobacco, Firea

Explosives. 

SEC. 1114. Explosives training and research facility. 

SEC. 1115. Personnel management demonstration project. 

SUBTITLE C—EXPLOSIVES

SEC. 1121. Short title. 

SEC. 1122. Permits for purchasers of explosives. 
222

SEC. 1128. Authorization of appropriations. 

TITLE XII—AIRLINE WAR RISK INSURANCE LEGISLATION

SEC. 1201. Air carrier liability for third party claims arising out of acts 

terrorism. 

SEC. 1202. Extension of insurance policies. 

SEC. 1203. Correction of reference. 

SEC. 1204. Report. 

TITLE XIII—FEDERAL WORKFORCE IMPROVEMENT

SUBTITLE A—CHIEF HUMAN CAPITAL OFFICERS

SEC. 1301. Short title. 

SEC. 1302. Agency Chief Human Capital Officers. 

SEC. 1303. Chief Human Capital Officers Council. 

SEC. 1304. Strategic human capital management. 

SEC. 1305. Effective date. 

SUBTITLE B—REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANA

SEC. 1311. Inclusion of agency human capital strategic planning in pe

plans and programs performance reports. 

SEC. 1312. Reform of the competitive service hiring process. 

SEC. 1313. Permanent extension, revision, and expansion of authoritie

voluntary separation incentive pay and voluntary early reti

SEC. 1314. Student volunteer transit subsidy. 

SUBTITLE C—REFORMS RELATING TO THE SENIOR EXECUTIVE SERV

SEC. 1321. Repeal of recertification requirements of senior executives

SEC. 1322. Adjustment of limitation on total annual compensation. 

SUBTITLE D—ACADEMIC TRAINING

SEC. 1331. Academic training. 

SEC. 1332. Modifications to National Security Education Program. 

TITLE XIV—ARMING PILOTS AGAINST TERRORISM

SEC. 1401. Short title. 

SEC. 1402. Federal Flight Deck Officer Program. 

SEC. 1403. Crew training. 

SEC. 1404. Commercial airline security study. 
223

SEC. 1502. Reorganization plan. 

SEC. 1503. Review of congressional committee structures. 

SUBTITLE B—TRANSITIONAL PROVISIONS

SEC. 1511. Transitional authorities. 

SEC. 1512. Savings provisions. 

SEC. 1513. Terminations. 

SEC. 1514. National identification system not authorized. 

SEC. 1515. Continuity of Inspector General oversight. 

SEC. 1516. Incidental transfers. 

SEC. 1517. Reference. 

TITLE XVI—CORRECTIONS TO EXISTING LAW RELATING TO 

AIRLINE TRANSPORTATION SECURITY

SEC. 1601. Retention of security sensitive information authority at Dep

Transportation. 

SEC. 1602. Increase in civil penalties. 

SEC. 1603. Allowing United States citizens and United States national

screeners. 

TITLE XVII—CONFORMING AND TECHNICAL AMENDMENTS

SEC. 1701. Inspector General Act of 1978. 

SEC. 1702. Executive Schedule. 

SEC. 1703. United States Secret Service. 

SEC. 1704. Coast Guard. 

SEC. 1705. Strategic national stockpile and smallpox vaccine developm

SEC. 1706. Transfer of certain security and law enforcement functions 

authorities. 

SEC. 1707. Transportation security regulations. 

SEC. 1708. National Bio-Weapons Defense Analysis Center. 

SEC. 1709. Collaboration with the Secretary of Homeland Security. 

SEC. 1710. Railroad safety to include railroad security. 

SEC. 1711. Hazmat safety to include hazmat security. 

SEC. 1712. Office of Science and Technology Policy. 

SEC. 1713. National Oceanographic Partnership Program. 

SEC. 1714. Clarification of definition of manufacturer. 

SEC. 1715. Clarification of definition of vaccine-related injury or death

SEC. 1716. Clarification of definition of vaccine. 

SEC. 1717. Effective date. 
224

SEC. 1807. Urban and other high-risk area communications capabilitie

SEC. 1808. Definition. 

SEC. 1809. Interoperable Emergency Communications Grant Program

SEC. 1810. Border interoperability demonstration project. 

TITLE XIX—DOMESTIC NUCLEAR DETECTION OFFICE

Sec. 1901. Domestic Nuclear Detection Office. 

Sec. 1902. Mission of Office. 

Sec. 1903. Hiring authority. 

Sec. 1904. Testing authority. 

Sec. 1905. Relationship to other Department entities and Federal agen

Sec. 1906. Contracting and grant making authorities. 

Sec. 1907. Joint annual interagency review of global nuclear detection

TITLE XX—HOMELAND SECURITY GRANTS

Sec. 2001. Definitions. 

SUBTITLE A—GRANTS TO STATES AND HIGH-RISK URBAN AREA

Sec. 2002. Homeland Security Grant Programs. 

Sec. 2003. Urban Area Security Initiative. 

Sec. 2004. State Homeland Security Grant Program. 

Sec. 2005. Grants to directly eligible tribes. 

Sec. 2006. Terrorism prevention. 

Sec. 2007. Prioritization. 

Sec. 2008. Use of funds. 

SUBTITLE B—GRANTS ADMINISTRATION

Sec. 2021. Administration and coordination. 

Sec. 2022. Accountability. 

Definitions

SEC. 2. [6 U.S.C. §101] 

In this Act, the following definitions apply: 

(1) Each of the terms “American homeland” and “homeland” 

United States. 

(2) The term “appropriate congressional committee” means an

committee of the House of Representatives or the Senate havi
225

section 1016(e) of Public Law 107-56(42 U.S.C. §5195c(e)). 

(5) The term “Department” means the Department of Homela

Security. 

(6) The term “emergency response providers” includes Federa

and local governmental and nongovernmental emergency pub

fire, law enforcement, emergency response, emergency 

medical(including hospital emergency facilities), and related p

agencies, and authorities. 

(7) The term “executive agency” means an executive agency 

military department, as defined, respectively, in sections 105 

title 5, United States Code. 

(8) The term “functions” includes authorities, powers, rights, 

immunities, programs, projects, activities, duties, and respons

(9) The term “intelligence component of the Department: mea

element or entity of the Department that collects, gathers, pro

analyzes, produces, or disseminates intelligence information w

scope of the information sharing environment, including hom

security information, terrorism information, and weapons of m

destruction information, or national intelligence, as defined un

3(5) of the National Security Act of 1947 (50 U.S.C. §401a(5

(A) the United States Secret Service; and 

(B) the Coast Guard, when operating under the direct 

of the Secretary of Defense or Secretary of the Navy 

section 3 of title 14, United States Code, except that n

this paragraph shall affect or diminish the authority an

responsibilities of the Commandant of the Coast Guar

command or control the Coast Guard as an armed for

authority of the Director of National Intelligence with 

the Coast Guard as an element of the intelligence com

defined under section 3(4) of the National Security A

(50 U.S.C. §401a(4)). 

(10) The term “key resources” means publicly or privately co

resources essential to the minimal operations of the economy 

government. 

(11) The term “local government” means— 
226

(B) an Indian tribe or authorized tribal organization, o

a Native village or Alaska Regional Native Corporati

(C) a rural community, unincorporated town or villag

public entity. 

(12) The term “major disaster” has the meaning given in secti

of the Robert T. Stafford Disaster Relief and Emergency Assi

Act(42 U.S.C. §5122). 

(13) The term “personnel” means officers and employees. 

(14) The term “Secretary” means the Secretary of Homeland 

(15) The term “State” means any State of the United States, th

of Columbia, the Commonwealth of Puerto Rico, the Virgin I

Guam, American Samoa, the Commonwealth of the Northern 

Islands, and any possession of the United States. 

(16) The term “terrorism” means any activity that— 

(A) involves an act that— 

(i) is dangerous to human life or potentially d

of critical infrastructure or key resources; and 

(ii) is a violation of the criminal laws of the U

States or of any State or other subdivision of 

States; and 

(B) appears to be intended— 

(i) to intimidate or coerce a civilian populatio

(ii) to influence the policy of a government by 

intimidation or coercion; or 

(iii) to affect the conduct of a government by 

destruction, assassination, or kidnapping. 

(17)(A) The term “United States”, when used in a geographic 

means any State of the United States, the District of Columbia

Commonwealth of Puerto Rico, the Virgin Islands, Guam, Am

Samoa, the Commonwealth of the Northern Mariana Islands, 

possession of the United States, and any waters within the jur

the United States. 

(B) Nothing in this paragraph or any other provision o

shall be construed to modify the definition of “United 

the purposes of the Immigration and Nationality Act o

immigration or nationality law. 
227

CONSTRUCTION; SEVERABILITY

SEC. 3. [6 U.S.C. §102] 

Any provision of this Act held to be invalid or unenforceable by its te

applied to any person or circumstance, shall be construed so as to give 

maximum effect permitted by law, unless such holding shall be one o

invalidity or unenforceability, in which event such provision shall be 

severable from this Act and shall not affect the remainder thereof, or t

application of such provision to other persons not similarly situated or 

dissimilar circumstances. 

EFFECTIVE DATE

SEC. 4. [6 U.S.C. §101 note] 

This Act shall take effect 60 days after the date of enactment. 

TITLE I—DEPARTMENT OF HOMELAND SECURIT

EXECUTIVE DEPARTMENT; MISSION

SEC. 101. [6 U.S.C. §111] 

(a) ESTABLISHMENT.—There is established a Department of Homelan

as an executive department of the United States within the meaning of 

United States Code. 

(b) MISSION.— 

(1) IN GENERAL.— The primary mission of the Department is 

(A) prevent terrorist attacks within the United States; 

(B) reduce the vulnerability of the United States to ter

(C) minimize the damage, and assist in the recovery, 

terrorist attacks that do occur within the United States

(D) carry out all functions of entities transferred to th

Department, including by acting as a focal point regar

natural and manmade crises and emergency planning

(E) ensure that the functions of the agencies and subd

within the Department that are not related directly to 
228

terrorism, coordinate efforts to sever such connection

otherwise contribute to efforts to interdict illegal drug 

trafficking; and 

(H) monitor connections between illegal drug traffick

terrorism, coordinate efforts to sever such connection

otherwise contribute to efforts to interdict illegal drug 

trafficking.

(2) RESPONSIBILITY FOR INVESTIGATING AND PROSECUTING 

TERRORISM.— Except as specifically provided by law with re

entities transferred to the Department under this Act, primary 

responsibility for investigating and prosecuting acts of terrori

vested not in the Department, but rather in Federal, State, and 

enforcement agencies with jurisdiction over the acts in questio

SECRETARY; FUNCTIONS

SEC. 102. [6 U.S.C. §112] 

(a) SECRETARY.—

(1) IN GENERAL.—There is a Secretary of Homeland Security

by the President, by and with the advice and consent of the Se

(2) HEAD OF DEPARTMENT.—The Secretary is the head of the 

Department and shall have direction, authority, and control ov

(3) Functions vested in secretary.—All functions of all officer

employees, and organizational units of the Department are ve

Secretary. 

(b) FUNCTIONS.—The Secretary— 

(1) except as otherwise provided by this Act, may delegate an

Secretary’s functions to any officer, employee, or organizatio

the Department; 

(2) shall have the authority to make contracts, grants, and coo

agreements, and to enter into agreements with other executive 

as may be necessary and proper to carry out the Secretary’s 

responsibilities under this Act or otherwise provided by law; a

(3) shall take reasonable steps to ensure that information syste

databases of the Department are compatible with each other a

appropriate databases of other Departments. 
229

and authorities, and with the private sector, to ensure adequat

equipment, training, and exercise activities; 

(2) coordinating and, as appropriate, consolidating, the Federa

Government’s communications and systems of communicatio

to homeland security with State and local government personn

agencies, and authorities, the private sector, other entities, and 

and

(3) distributing or, as appropriate, coordinating the distributio

warnings and information to State and local government perso

agencies, and authorities and to the public. 

(d) MEETINGS OF NATIONAL SECURITY COUNCIL.—The Secretary ma

to the direction of the President, attend and participate in meetings of 

National Security Council. 

(e) ISSUANCE OF REGULATIONS.—The issuance of regulations by the 

shall be governed by the provisions of chapter 5 of title 5, United Stat

except as specifically provided in this Act, in laws granting regulatory 

that are transferred by this Act, and in laws enacted after the date of en

this Act. 

(f) SPECIAL ASSISTANT TO THE SECRETARY.—The Secretary shall app

Special Assistant to the Secretary who shall be responsible for— 

(1) creating and fostering strategic communications with the p

sector to enhance the primary mission of the Department to pr

American homeland; 

(2) advising the Secretary on the impact of the Department’s p

regulations, processes, and actions on the private sector; 

(3) interfacing with other relevant Federal agencies with hom

security missions to assess the impact of these agencies’ actio

private sector; 

(4) creating and managing private sector advisory councils co

representatives of industries and associations designated by th

to—

(A) advise the Secretary on private sector products, ap

and solutions as they relate to homeland security chal

(B) advise the Secretary on homeland security policie

regulations, processes, and actions that affect the part

industries and associations; and 
230

(5) working with Federal laboratories, federally funded resear

development centers, other federally funded organizations, ac

and the private sector to develop innovative approaches to add

homeland security challenges to produce and deploy the best 

technologies for homeland security missions; 

(6) promoting existing public-private partnerships and develo

public-private partnerships to provide for collaboration and m

support to address homeland security challenges; 

(7) assisting in the development and promotion of private sect

practices to secure critical infrastructure; 

(8) providing information to the private sector regarding volu

preparedness standards and the business justification for prep

and promoting to the private sector the adoption of voluntary 

preparedness standards; 

(9) coordinating industry efforts, with respect to functions of 

Department of Homeland Security, to identify private sector r

and capabilities that could be effective in supplementing Fede

and local government agency efforts to prevent or respond to 

attack;

(10) coordinating with the Directorate of Border and Transpo

Security and the Assistant Secretary for Trade Development o

Department of Commerce on issues related to the travel and t

industries; and 

(11) consulting with the Office of State and Local Governmen

Coordination and Preparedness on all matters of concern to th

sector, including the tourism industry. 

(g) STANDARDS POLICY.—All standards activities of the Department 

conducted in accordance with section 12(d) of the National Technolog

Advancement Act of 1995(15 U.S.C. §272 note) and Office of Manag

Budget Circular A-119. 
231

(1) A Deputy Secretary of Homeland Security, who shall be th

Secretary’s first assistant for purposes of subchapter III of cha

title 5, United States Code. 

(2) An Under Secretary for Science and Technology. 

(3) An Under Secretary for Border and Transportation Securit

(4) An Administrator of the Federal Emergency Management 

(5) A Director of the Bureau of Citizenship and Immigration 

(6) An Under Secretary for Management. 

(7) A Director of the Office of Counternarcotics Enforcement 

(8) An Under Secretary responsible for overseeing critical inf

protection, cybersecurity, and other related programs of the D

(9) Not more than 12 Assistant Secretaries. 

(10) A General Counsel, who shall be the chief legal officer o

Department.

(b) INSPECTOR GENERAL.—There shall be in the Department an Offic

Inspector General and an Inspector General at the head of such office, 

provided in the Inspector General Act of 1978(5 U.S.C. App.). 

(c) COMMANDANT OF THE COAST GUARD.—To assist the Secretary in 

performance of the Secretary’s functions, there is a Commandant of th

Guard, who shall be appointed as provided in section 44 of title 14, U

Code, and who shall report directly to the Secretary. In addition to suc

may be provided in this Act and as assigned to the Commandant by th

Secretary, the duties of the Commandant shall include those required 

of title 14, United States Code. 

 (d) OTHER OFFICERS.—To assist the Secretary in the performance of 

Secretary’s functions, there are the following officers, appointed by th

President:

(1) A Director of the Secret Service. 

(2) A Chief Information Officer. 

(3) A Chief Human Capital Officer. 

(4) An Officer for Civil Rights and Civil Liberties. 

(5) A Director for Domestic Nuclear Detection 

(e) CHIEF FINANCIAL OFFICER. There shall be in the Department a Ch

Financial Officer, as provided in chapter 9 of title 31, United States C

U.S.C. §§901 et seq,]. 
232

SUBTITLE A—INFORMATION AND ANALYSIS AND INFRASTRUC

PROTECTION; ACCESS TO INFORMATION

INFORMATION AND ANALYSIS AND INFRASTRUCTURE 

PROTECTION; ACCESS TO INFORMATION

SEC. 201. [6 U.S.C. §121] 

(a) INTELLIGENCE AND ANALYSIS AND INFRASTRUCTURE PROTECTIO

shall be in the Department an Office of Intelligence and Analysis and 

of Infrastructure Protection. 

(b) Under Secretary for Intelligence and Analysis and Assistant Secre

Infrastructure Protection- 

(1) OFFICE OF INTELLIGENCE AND ANALYSIS.—The Office of 

Intelligence and Analysis shall be headed by an Under Secret

Intelligence and Analysis, who shall be appointed by the Pres

and with the advice and consent of the Senate. 

(2) CHIEF INTELLIGENCE OFFICER.—The Under Secretary for 

Intelligence and Analysis shall serve as the Chief Intelligence 

the Department. 

(3) OFFICE OF INFRASTRUCTURE PROTECTION.—The Office o

Infrastructure Protection shall be headed by an Assistant Secr

Infrastructure Protection, who shall be appointed by the Presi

(c) DISCHARGE OF RESPONSIBILITIES.—The Secretary shall ensure th

responsibilities of the Department relating to information analysis and 

infrastructure protection, including those described in subsection (d), 

out through the Under Secretary for Intelligence and Analysis or the A

Secretary for Infrastructure Protection, as appropriate. 

(d) RESPONSIBILITIES OF SECRETARY RELATING TO INTELLIGENCE AN

ANALYSIS AND INFRASTRUCTURE PROTECTION.—The responsibilities 

Secretary relating to intelligence analysis and infrastructure protection 

follows:

(1) To access, receive, and analyze law enforcement informat

intelligence information, and other information from agencies 

Federal Government, State and local government agencies(inc

enforcement agencies), and private sector entities, and to integ
233

(B) detect and identify threats of terrorism against the 

States; and 

(C) understand such threats in light of actual and pote

vulnerabilities of the homeland. 

(2) To carry out comprehensive assessments of the vulnerabil

key resources and critical infrastructure of the United States, i

the performance of risk assessments to determine the risks po

particular types of terrorist attacks within the United States(in

assessment of the probability of success of such attacks and th

feasibility and potential efficacy of various countermeasures t

attacks).

(3) To integrate relevant information, analyses, and vulnerabi

assessments(whether such information, analyses, or assessme

provided or produced by the Department or others) in order to 

priorities for protective and support measures by the Departm

agencies of the Federal Government, State and local governm

agencies and authorities, the private sector, and other entities. 

(4) To ensure, pursuant to section 202, the timely and efficien

the Department to all information necessary to discharge the 

responsibilities under this section, including obtaining such in

from other agencies of the Federal Government. 

(5) To develop a comprehensive national plan for securing the 

resources and critical infrastructure of the United States, inclu

production, generation, and distribution systems, information 

and telecommunications systems(including satellites), electro

financial and property record storage and transmission system

emergency preparedness communications systems, and the ph

technological assets that support such systems. 

(6) To recommend measures necessary to protect the key reso

critical infrastructure of the United States in coordination with 

agencies of the Federal Government and in cooperation with S

local government agencies and authorities, the private sector, 

entities.

(7) To review, analyze, and make recommendations for impro

the policies and procedures governing the sharing of informat

the scope of the information sharing environment established 
234

Department within the Department, to other agencies of the F

Government with responsibilities relating to homeland securit

agencies of State and local governments and private sector en

such responsibilities in order to assist in the deterrence, preve

preemption of, or response to, terrorist attacks against the Uni

(9) To consult with the Director of National Intelligence and o

appropriate intelligence, law enforcement, or other elements o

Federal Government to establish collection priorities and strat

information, including law enforcement-related information, r

threats of terrorism against the United States through such me

representation of the Department in discussions regarding req

and priorities in the collection of such information. 

(10) To consult with State and local governments and private 

entities to ensure appropriate exchanges of information, inclu

enforcement-related information, relating to threats of terroris

the United States. 

(11) To ensure that— 

(A) any material received pursuant to this Act is prote

unauthorized disclosure and handled and used only fo

performance of official duties; and 

(B) any intelligence information under this Act is sha

retained, and disseminated consistent with the authori

Director of National Intelligence to protect intelligenc

and methods under the National Security Act of 1947

§401 et seq.) and related procedures and, as appropria

authorities of the Attorney General concerning sensiti

enforcement information. 

(12) To request additional information from other agencies of 

Government, State and local government agencies, and the pr

relating to threats of terrorism in the United States, or relating 

areas of responsibility assigned by the Secretary, including th

cooperative agreements through the Secretary to obtain such i

(13) To establish and utilize, in conjunction with the chief inf

officer of the Department, a secure communications and infor

technology infrastructure, including data-mining and other ad

analytical tools, in order to access, receive, and analyze data a
235

(A) are compatible with one another and with relevan

information databases of other agencies of the Federa

Government; and 

(B) treat information in such databases in a manner th

with applicable Federal law on privacy. 

(15) To coordinate training and other support to the elements 

personnel of the Department, other agencies of the Federal Go

and State and local governments that provide information to t

Department, or are consumers of information provided by the 

Department, in order to facilitate the identification and sharin

information revealed in their ordinary duties and the optimal u

of information received from the Department. 

(16) To coordinate with elements of the intelligence commun

Federal, State, and local law enforcement agencies, and the pr

sector, as appropriate. 

(17) To provide intelligence and information analysis and sup

other elements of the Department. 

(18) To coordinate and enhance integration among the intellig

components of the Department, including through strategic ov

the intelligence activities of such components. 

(19) To establish the intelligence collection, processing, analy

dissemination priorities, policies, processes, standards, guidel

procedures for the intelligence components of the Department

with any directions from the President and, as applicable, the 

National Intelligence. 

(20) To establish a structure and process to support the missio

goals of the intelligence components of the Department. 

(21) To ensure that, whenever possible, the Department— 

(A) produces and disseminates unclassified reports an

products based on open-source information; and 

(B) produces and disseminates such reports and analy

contemporaneously with reports or analytic products 

the same or similar information that the Department p

and disseminated in a classified format. 

(22) To establish within the Office of Intelligence and Analys

internal continuity of operations plan. 
236

(B) to present to the Secretary a recommendation for 

consolidated budget for the intelligence components o

Department, together with any comments from the he

components. 

(24) To perform such other duties relating to such responsibil

Secretary may provide. 

(25) To prepare and submit to the Committee on Homeland S

Governmental Affairs of the Senate and the Committee on Ho

Security in the House of Representatives, and to other approp

congressional committees having jurisdiction over the critical 

infrastructure or key resources, for each sector identified in th

Infrastructure Protection Plan, a report on the comprehensive 

assessments carried out by the Secretary of the critical infrastr

key resources of the United States, evaluating threat, vulnerab

consequence, as required under this subsection. Each such rep

(A) shall contain, if applicable, actions or countermea

recommended or taken by the Secretary or the head o

Federal agency to address issues identified in the asse

(B) shall be required for fiscal year 2007 and each sub

fiscal year and shall be submitted not later than 35 da

last day of the fiscal year covered by the report; and 

(C) may be classified. 

(e) STAFF.—

(1) IN GENERAL.—The Secretary shall provide the Office of I

and Analysis and Office of Infrastructure Protection with a sta

analysts having appropriate expertise and experience to assist 

offices in discharging responsibilities under this section. 

(2) PRIVATE SECTOR ANALYSTS.—Analysts under this subsec

include analysts from the private sector. 

(3) SECURITY CLEARANCES.—Analysts under this subsection 

possess security clearances appropriate for their work under th

(f) DETAIL OF PERSONNEL.—

(1) IN GENERAL.—In order to assist the Office of Intelligence 

Analysis and Office of Infrastructure Protection in dischargin

responsibilities under this section, personnel of the agencies r
237

(C) The Federal Bureau of Investigation. 

(D) The National Security Agency. 

(E) The National Imagery and Mapping Agency. 

(F) The Defense Intelligence Agency. 

(G) Any other agency of the Federal Government tha

President considers appropriate. 

(3) COOPERATIVE AGREEMENTS.— The Secretary and the hea

agency concerned may enter into cooperative agreements for 

of detailing personnel under this subsection. 

(4) BASIS.— The detail of personnel under this subsection ma

reimbursable or non-reimbursable basis. 

(g) FUNCTIONS TRANSFERRED.—In accordance with title XV, there sh

transferred to the Secretary, for assignment to the U Office of Intellige

Analysis and Office of Infrastructure Protection under this section, the 

personnel, assets, and liabilities of the following: 

(1) The National Infrastructure Protection Center of the Feder

of Investigation(other than the Computer Investigations and O

Section), including the functions of the Attorney General rela

(2) The National Communications System of the Department 

including the functions of the Secretary of Defense relating th

(3) The Critical Infrastructure Assurance Office of the Depart

Commerce, including the functions of the Secretary of Comm

relating thereto. 

(4) The National Infrastructure Simulation and Analysis Cent

Department of Energy and the energy security and assurance 

and activities of the Department, including the functions of th

of Energy relating thereto. 

(5) The Federal Computer Incident Response Center of the G

Services Administration, including the functions of the Admin

General Services relating thereto. 

(h) INCLUSION OF CERTAIN ELEMENTS OF THE DEPARTMENT AS ELEM

THE INTELLIGENCE COMMUNITY.—Section 3(4) of the National Secur

1947(50 U.S.C. §401(a)) is amended— 

(1) by striking “and” at the end of subparagraph(I); 

(2) by redesignating subparagraph(J) as subparagraph(K); and 

(3) by inserting after subparagraph(I) the following new subp
238

(a) IN GENERAL.—

(1) THREAT AND VULNERABILITY INFORMATION.— Except a

directed by the President, the Secretary shall have such access 

Secretary considers necessary to all information, including rep

assessments, analyses, and unevaluated intelligence relating to 

terrorism against the United States and to other areas of respo

assigned by the Secretary, and to all information concerning 

infrastructure or other vulnerabilities of the United States to te

whether or not such information has been analyzed, that may 

collected, possessed, or prepared by any agency of the Federa

Government.

(2) OTHER INFORMATION.— The Secretary shall also have ac

other information relating to matters under the responsibility o

Secretary that may be collected, possessed, or prepared by an 

the Federal Government as the President may further provide

(b) MANNER OF ACCESS.—Except as otherwise directed by the Presid

respect to information to which the Secretary has access pursuant to th

section—

(1) the Secretary may obtain such material upon request, and 

into cooperative arrangements with other executive agencies t

such material or provide Department officials with access to i

regular or routine basis, including requests or arrangements in

broad categories of material, access to electronic databases, o

(2) regardless of whether the Secretary has made any request 

into any cooperative arrangement pursuant to paragraph(1), al

of the Federal Government shall promptly provide to the Secr

(A) all reports(including information reports containin

intelligence which has not been fully evaluated), asse

and analytical information relating to threats of terror

the United States and to other areas of responsibility a

the Secretary; 

(B) all information concerning the vulnerability of the 

infrastructure of the United States, or other vulnerabil

United States, to terrorism, whether or not such inform

been analyzed; 
239

Federal law enforcement, intelligence, protective, national defense, im

or national security official, and shall be provided with all information 

enforcement agencies that is required to be given to the Director of Ce

Intelligence, under any provision of the following: 

(1) The USA PATRIOT Act of 2001(Public Law 107-56). 

(2) Section 2517(6) of title 18, United States Code. 

(3) Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedur

(d) ACCESS TO INTELLIGENCE AND OTHER INFORMATION.—

(1) ACCESS BY ELEMENTS OF FEDERAL GOVERNMENT.—Not

title shall preclude any element of the intelligence community

term is defined in section 3(4) of the National Security Act of 

U.S.C. §401a(4)), or any other element of the Federal Govern

responsibility for analyzing terrorist threat information, from 

any intelligence or other information relating to terrorism. 

(2) SHARING OF INFORMATION.—The Secretary, in consultati

Director of Central Intelligence, shall work to ensure that inte

other information relating to terrorism to which the Departme

access is appropriately shared with the elements of the Federa

Government referred to in paragraph(1), as well as with State 

governments, as appropriate. 

HOMELAND SECURITY ADVISORY SYSTEM

SEC. 203. 

(a) REQUIREMENT.—The Secretary shall administer the Homeland Se

Advisory System in accordance with this section to provide advisories 

warnings regarding the threat or risk that acts of terrorism will be com

the homeland to Federal, State, local, and tribal government authoritie

people of the United States, as appropriate. The Secretary shall exerci

responsibility for providing such advisories or warnings. 

(b) REQUIRED ELEMENTS.—In administering the Homeland Security 

System, the Secretary shall— 

(1) establish criteria for the issuance and revocation of such a

warnings;
240

of detail practicable to enable individuals, government entitie

emergency response providers, and the private sector to act 

appropriately; 

(4) whenever possible, limit the scope of each such advisory o

to a specific region, locality, or economic sector believed to b

threat or at risk; and 

(5) not, in issuing any advisory or warning, use color designat

exclusive means of specifying homeland security threat condi

are the subject of the advisory or warning. 

HOMELAND SECURITY INFORMATION SHARING

SEC. 204. 

(a) INFORMATION SHARING.—Consistent with section 1016 of the Int

Reform and Terrorism Prevention Act of 2004 (6 U.S.C. §485), the Se

acting through the Under Secretary for Intelligence and Analysis, shal

the information and standardize the format of the products of the intel

components of the Department containing homeland security informa

terrorism information, weapons of mass destruction information, or na

intelligence (as defined in section 3(5) of the National Security Act of 

U.S.C. §401a(5))) except for any internal security protocols or person

information of such intelligence components, or other administrative p

that are administered by any chief security officer of the Department. 

(b) INFORMATION SHARING AND KNOWLEDGE MANAGEMENT OFFICE

each intelligence component of the Department, the Secretary shall de

information sharing and knowledge management officer who shall rep

Under Secretary for Intelligence and Analysis regarding coordinating 

different systems used in the Department to gather and disseminate ho

security information or national intelligence (as defined in section 3(5

National Security Act of 1947 (50 U.S.C. §401a(5))). 

(c) STATE, LOCAL, AND PRIVATE-SECTOR SOURCES OF INFORMATION

(1) ESTABLISHMENT OF BUSINESS PROCESSES.—The Secretar

through the Under Secretary for Intelligence and Analysis or t

Assistant Secretary for Infrastructure Protection, as appropria
241

(C) make available such information, as appropriate, 

Department and to other departments and agencies of 

Government.

(2) FEEDBACK.—The Secretary shall develop mechanisms to 

feedback regarding the analysis and utility of information pro

any entity of State, local, or tribal government or the private s

provides such information to the Department. 

(d) TRAINING AND EVALUATION OF EMPLOYEES—

(1) TRAINING.—The Secretary, acting through the Under Secr

Intelligence and Analysis or the Assistant Secretary for Infras

Protection, as appropriate, shall provide to employees of the D

opportunities for training and education to develop an underst

of—

(A) the definitions of homeland security information 

national intelligence (as defined in section 3(5) of the 

Security Act of 1947 (50 U.S.C. §401a(5))); and 

(B) how information available to such employees as p

duties—

(i) might qualify as homeland security inform

national intelligence; and 

(ii) might be relevant to the Office of Intellig

Analysis and the intelligence components of 

Department.

(2) EVALUATIONS.—The Under Secretary for Intelligence and 

shall—

(A) on an ongoing basis, evaluate how employees of 

of Intelligence and Analysis and the intelligence com

the Department are utilizing homeland security inform

national intelligence, sharing information within the D

as described in this title, and participating in the infor

sharing environment established under section 1016 o

Intelligence Reform and Terrorism Prevention Act of 

U.S.C. §485); and 

(B) provide to the appropriate component heads regul

regarding the evaluations under subparagraph (A). 
242

Terrorism Prevention Act of 2004 (6 U.S.C. §485), and consistent wit

enterprise architecture of the Department, a comprehensive informatio

technology network architecture for the Office of Intelligence and An

connects the various databases and related information technology ass

Office of Intelligence and Analysis and the intelligence components o

Department in order to promote internal information sharing among th

intelligence and other personnel of the Department. 

(b) COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHIT

DEFINED.—The term “comprehensive information technology networ

architecture” means an integrated framework for evolving or maintain

existing information technology and acquiring new information techn

achieve the strategic management and information resources managem

of the Office of Intelligence and Analysis. 

COORDINATION WITH INFORMATION SHARING ENVIRONM

SEC. 206. 

(a) GUIDANCE.—All activities to comply with sections 203, 204, and 

be—

(1) consistent with any policies, guidelines, procedures, instru

standards established under section 1016 of the Intelligence R

Terrorism Prevention Act of 2004 (6 U.S.C. §485); 

(2) implemented in coordination with, as appropriate, the prog

manager for the information sharing environment established 

section;

(3) consistent with any applicable guidance issued by the Dire

National Intelligence; and 

(4) consistent with any applicable guidance issued by the Secr

relating to the protection of law enforcement information or p

information. 

(b) CONSULTATION.—In carrying out the duties and responsibilities u

subtitle, the Under Secretary for Intelligence and Analysis shall take i

the views of the heads of the intelligence components of the Departme
243

as follows: 

(1) To ensure that the collection, processing, analysis, and dis

of information within the scope of the information sharing env

including homeland security information, terrorism informatio

weapons of mass destruction information, and national intellig

defined in section 3(5) of the National Security Act of 1947 (5

§401a(5))), are carried out effectively and efficiently in suppo

intelligence mission of the Department, as led by the Under S

Intelligence and Analysis. 

(2) To otherwise support and implement the intelligence miss

Department, as led by the Under Secretary for Intelligence an

(3) To incorporate the input of the Under Secretary for Intellig

Analysis with respect to performance appraisals, bonus or aw

recommendations, pay adjustments, and other forms of comm

(4) To coordinate with the Under Secretary for Intelligence an

in developing policies and requirements for the recruitment an

of intelligence officials of the intelligence component. 

(5) To advise and coordinate with the Under Secretary for Int

and Analysis on any plan to reorganize or restructure the intel

component that would, if implemented, result in realignments 

intelligence functions. 

(6) To ensure that employees of the intelligence component h

knowledge of, and comply with, the programs and policies es

the Under Secretary for Intelligence and Analysis and other ap

officials of the Department and that such employees comply w

applicable laws and regulations. 

(7) To perform such other activities relating to such responsib

the Secretary may provide. 

TRAINING FOR EMPLOYEES OF INTELLIGENCE COMPONEN

SEC. 208. 

The Secretary shall provide training and guidance for employees, offi

senior executives of the intelligence components of the Department to 

knowledge of laws, regulations, operations, policies, procedures, and 

that are related to the functions of the Department relating to the colle
244

INTELLIGENCE TRAINING DEVELOPMENT FOR 

STATE AND LOCAL GOVERNMENT OFFICIALS

SEC. 209. 

(a) CURRICULUM.—The Secretary, acting through the Under Secretar

Intelligence and Analysis, shall— 

(1) develop a curriculum for training State, local, and tribal go

officials, including law enforcement officers, intelligence ana

other emergency response providers, in the intelligence cycle 

laws, practices, and regulations regarding the development, ha

review of intelligence and other information; and 

(2) ensure that the curriculum includes executive level trainin

level State, local, and tribal law enforcement officers, intellig

analysts, and other emergency response providers. 

(b) TRAINING.—To the extent possible, the Federal Law Enforcement 

Center and other existing Federal entities with the capacity and expert

State, local, and tribal government officials based on the curriculum d

under subsection (a) shall be used to carry out the training programs c

under this section. If such entities do not have the capacity, resources, 

capabilities to conduct such training, the Secretary may approve anoth

conduct such training. 

(c) CONSULTATION.—In carrying out the duties described in subsectio

Under Secretary for Intelligence and Analysis shall consult with the D

the Federal Law Enforcement Training Center, the Attorney General, 

Director of National Intelligence, the Administrator of the Federal Em

Management Agency, and other appropriate parties, such as private in

institutions of higher education, nonprofit institutions, and other intell

agencies of the Federal Government. 

INFORMATION SHARING INCENTIVES

SEC. 210. 

(a) AWARDS.—In making cash awards under chapter 45 of title 5, Un

Code, the President or the head of an agency, in consultation with the 

manager designated under section 1016 of the Intelligence Reform an

Prevention Act of 2004 (6 U.S.C. §485), may consider the success of 
245

President or, as appropriate, the program manager of that environmen

implementation and management of that environment. 

(b) OTHER INCENTIVES.—The head of each department or agency des

section 1016(i) of the Intelligence Reform and Terrorism Prevention A

(6 U.S.C. §485(i)), in consultation with the program manager designa

section 1016 of the Intelligence Reform and Terrorism Prevention Ac

U.S.C. §485), shall adopt best practices regarding effective ways to ed

motivate officers and employees of the Federal Government to partici

in the information sharing environment, including— 

(1) promotions and other nonmonetary awards; and 

(2) publicizing information sharing accomplishments by indiv

employees and, where appropriate, the tangible end benefits t

DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL

AND REGIONAL FUSION CENTER INITIATIVE

SEC. 210A. 

(a) ESTABLISHMENT.—The Secretary, in consultation with the progra

of the information sharing environment established under section 101

Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 

Attorney General, the Privacy Officer of the Department, the Officer f

Rights and Civil Liberties of the Department, and the Privacy and Civ

Oversight Board established under section 1061 of the Intelligence Re

Terrorism Prevention Act of 2004 (5 U.S.C. §601 note), shall establis

Department of Homeland Security State, Local, and Regional Fusion 

Initiative to establish partnerships with State, local, and regional fusio

(b) DEPARTMENT SUPPORT AND COORDINATION.—Through the Depa

Homeland Security State, Local, and Regional Fusion Center Initiativ

coordination with the principal officials of participating State, local, o

fusion centers and the officers designated as the Homeland Security A

the States, the Secretary shall— 

(1) provide operational and intelligence advice and assistance 

local, and regional fusion centers; 

(2) support efforts to include State, local, and regional fusion 

efforts to establish an information sharing environment; 
246

(5) provide analytic and reporting advice and assistance to Sta

and regional fusion centers; 

(6) review information within the scope of the information sh

environment, including homeland security information, terror

information, and weapons of mass destruction information, th

gathered by State, local, and regional fusion centers, and to in

such information, as appropriate, into the Department’s own s

information; 

(7) provide management assistance to State, local, and region

centers;

(8) serve as a point of contact to ensure the dissemination of i

within the scope of the information sharing environment, incl

homeland security information, terrorism information, and we

mass destruction information; 

(9) facilitate close communication and coordination between 

and regional fusion centers and the Department; 

(10) provide State, local, and regional fusion centers with exp

Department resources and operations; 

(11) provide training to State, local, and regional fusion cente

encourage such fusion centers to participate in terrorism threa

exercises conducted by the Department; and 

(12) carry out such other duties as the Secretary determines ar

appropriate.

(c) PERSONNEL ASSIGNMENT.—

(1) IN GENERAL.—The Under Secretary for Intelligence and A

shall, to the maximum extent practicable, assign officers and 

analysts from components of the Department to participating 

and regional fusion centers. 

(2) PERSONNEL SOURCES.—Officers and intelligence analysts 

to participating fusion centers under this subsection may be as

from the following Department components, in coordination w

respective component head and in consultation with the princ

officials of participating fusion centers: 

(A) Office of Intelligence and Analysis. 

(B) Office of Infrastructure Protection. 

(C) Transportation Security Administration. 
247

(A) IN GENERAL.—The Secretary shall develop quali

criteria for a fusion center to participate in the assigni

Department officers or intelligence analysts under thi

(B) CRITERIA.—Any criteria developed under subpar

may include— 

(i) whether the fusion center, through its miss

governance structure, focuses on a broad 

counterterrorism approach, and whether that 

approach is pervasive through all levels of th

organization; 

(ii) whether the fusion center has sufficient nu

adequately trained personnel to support a bro

counterterrorism mission; 

(iii) whether the fusion center has— 

(I) access to relevant law enforcemen

emergency response, private sector, o

and national security data; and 

(II) the ability to share and analytical

that data for lawful purposes; 

(iv) whether the fusion center is adequately fu

the State, local, or regional government to sup

counterterrorism mission; and 

(v) the relevancy of the mission of the fusion 

the particular source component of Departme

or intelligence analysts. 

(4) PREREQUISITE.—

(A) INTELLIGENCE ANALYSIS, PRIVACY, AND CIVIL L

TRAINING.—Before being assigned to a fusion center 

section, an officer or intelligence analyst shall underg

(i) appropriate intelligence analysis or inform

sharing training using an intelligence-led poli

curriculum that is consistent with— 

(I) standard training and education pr

offered to Department law enforceme

intelligence personnel; and 
248

Officer appointed under section 222 and the O

Civil Rights and Civil Liberties of the Depart

consultation with the Privacy and Civil Liber

Oversight Board established under section 10

Intelligence Reform and Terrorism Preventio

2004 (5 U.S.C. §601 note); and 

(iii) such other training prescribed by the Und

Secretary for Intelligence and Analysis. 

(B) PRIOR WORK EXPERIENCE IN AREA.—In determi

eligibility of an officer or intelligence analyst to be as

fusion center under this section, the Under Secretary 

Intelligence and Analysis shall consider the familiarit

officer or intelligence analyst with the State, locality, 

as determined by such factors as whether the officer o

intelligence analyst— 

(i) has been previously assigned in the geogra

or

(ii) has previously worked with intelligence o

law enforcement or other emergency respons

from that State, locality, or region. 

(5) EXPEDITED SECURITY CLEARANCE PROCESSING.—The U

Secretary for Intelligence and Analysis— 

(A) shall ensure that each officer or intelligence analy

to a fusion center under this section has the appropria

clearance to contribute effectively to the mission of th

center; and 

(B) may request that security clearance processing be 

for each such officer or intelligence analyst and may u

available funds for such purpose. 

(6) FURTHER QUALIFICATIONS.—Each officer or intelligence 

assigned to a fusion center under this section shall satisfy any 

qualifications the Under Secretary for Intelligence and Analys

prescribe.

(d) RESPONSIBILITIES.—An officer or intelligence analyst assigned to 

center under this section shall— 
249

(2) review homeland security-relevant information from law e

agencies and other emergency response providers of State, loc

tribal government; 

(3) create intelligence and other information products derived 

information and other homeland security-relevant information 

by the Department; and 

(4) assist in the dissemination of such products, as coordinate

Under Secretary for Intelligence and Analysis, to law enforce

agencies and other emergency response providers of State, loc

tribal government, other fusion centers, and appropriate Feder

agencies.

(e) BORDER INTELLIGENCE PRIORITY.—

(1) IN GENERAL.—The Secretary shall make it a priority to as

officers and intelligence analysts under this section from Unit

Customs and Border Protection, United States Immigration an

Enforcement, and the Coast Guard to participating State, loca

regional fusion centers located in jurisdictions along land or m

borders of the United States in order to enhance the integrity o

security at such borders by helping Federal, State, local, and t

enforcement authorities to identify, investigate, and otherwise 

persons, weapons, and related contraband that pose a threat to 

security. 

(2) BORDER INTELLIGENCE PRODUCTS.—When performing th

responsibilities described in subsection (d), officers and intell

analysts assigned to participating State, local, and regional fu

under this section shall have, as a primary responsibility, the c

border intelligence products that— 

(A) assist State, local, and tribal law enforcement age

deploying their resources most efficiently to help dete

interdict terrorists, weapons of mass destruction, and 

contraband at land or maritime borders of the United 

(B) promote more consistent and timely sharing of bo

security-relevant information among jurisdictions alo

maritime borders of the United States; and 
250

and information systems, consistent with any policies, guidelines, pro

instructions, or standards established by the President or, as appropria

program manager of the information sharing environment for the imp

and management of that environment. 

(g) CONSUMER FEEDBACK.—

(1) IN GENERAL.—The Secretary shall create a voluntary mec

any State, local, or tribal law enforcement officer or other em

response provider who is a consumer of the intelligence or oth

information products referred to in subsection (d) to provide f

the Department on the quality and utility of such intelligence 

(2) REPORT.—Not later than one year after the date of the ena

the Implementing Recommendations of the 9/11 Commission 

2007, and annually thereafter, the Secretary shall submit to th

Committee on Homeland Security and Governmental Affairs 

Senate and the Committee on Homeland Security of the Hous

Representatives a report that includes a description of the con

feedback obtained under paragraph (1) and, if applicable, how 

Department has adjusted its production of intelligence produc

response to that consumer feedback. 

(h) RULE OF CONSTRUCTION.—

(1) IN GENERAL.—The authorities granted under this section 

supplement the authorities granted under section 201(d) and n

this section shall be construed to abrogate the authorities gran

section 201(d). 

(2) PARTICIPATION.—Nothing in this section shall be constru

require a State, local, or regional government or entity to acce

assignment of officers or intelligence analysts of the Departm

fusion center of that State, locality, or region. 

(i) GUIDELINES.—The Secretary, in consultation with the Attorney Ge

establish guidelines for fusion centers created and operated by State a

governments, to include standards that any such fusion center shall— 

(1) collaboratively develop a mission statement, identify expe

and goals, measure performance, and determine effectiveness 

fusion center; 
251

providers), the private sector, and the public, consistent with a

policies, guidelines, procedures, instructions, or standards esta

the President or, as appropriate, the program manager of the i

sharing environment; 

(4) leverage the databases, systems, and networks available fr

and private sector entities, in accordance with all applicable la

maximize information sharing; 

(5) develop, publish, and adhere to a privacy and civil libertie

consistent with Federal, State, and local law; 

(6) provide, in coordination with the Privacy Officer of the D

and the Officer for Civil Rights and Civil Liberties of the Dep

appropriate privacy and civil liberties training for all State, lo

and private sector representatives at the fusion center; 

(7) ensure appropriate security measures are in place for the f

data, and personnel; 

(8) select and train personnel based on the needs, mission, goa

functions of that fusion center; 

(9) offer a variety of intelligence and information services and 

to recipients of fusion center intelligence and information; an

(10) incorporate law enforcement officers, other emergency re

providers, and, as appropriate, the private sector, into all relev

of the intelligence and fusion process, consistent with the mis

statement developed under paragraph (1), either through full t

representatives or liaison relationships with the fusion center 

the receipt and sharing of information and intelligence. 

(j) DEFINITIONS.—In this section— 

(1) the term “fusion center” means a collaborative effort of 2 

Federal, State, local, or tribal government agencies that comb

resources, expertise, or information with the goal of maximizi

ability of such agencies to detect, prevent, investigate, appreh

respond to criminal or terrorist activity; 

(2) the term “information sharing environment” means the inf

sharing environment established under section 1016 of the Int

Reform and Terrorism Prevention Act of 2004 (6 U.S.C. §485

(3) the term “intelligence analyst” means an individual who re

advises, administers, supervises, or performs work in the colle
252

of information to produce an intelligence end product designe

law enforcement decision making at the tactical and strategic 

(5) the term “terrorism information” has the meaning given th

section 1016 of the Intelligence Reform and Terrorism Preven

2004 (6 U.S.C. §485). 

(k) Authorization of Appropriations.—There is authorized to be appro

$10,000,000 for each of fiscal years 2008 through 2012, to carry out t

except for subsection (i), including for hiring officers and intelligence 

replace officers and intelligence analysts who are assigned to fusion c

under this section. 

HOMELAND SECURITY INFORMATION SHARING FELLOWS PRO

SEC. 210B. 

(a) ESTABLISHMENT.—

(1) IN GENERAL.—The Secretary, acting through the Under S

Intelligence and Analysis, and in consultation with the Chief H

Capital Officer, shall establish a fellowship program in accord

this section for the purpose of— 

(A) detailing State, local, and tribal law enforcement 

intelligence analysts to the Department in accordance 

subchapter VI of chapter 33 of title 5, United States C

participate in the work of the Office of Intelligence an

in order to become familiar with— 

(i) the relevant missions and capabilities of th

Department and other Federal agencies; and 

(ii) the role, programs, products, and personn

Office of Intelligence and Analysis; and 

(B) promoting information sharing between the Depa

State, local, and tribal law enforcement officers and in

analysts by assigning such officers and analysts to— 

(i) serve as a point of contact in the Departme

in the representation of State, local, and tribal 

information requirements; 

(ii) identify information within the scope of th

information sharing environment, including h
253

disseminating products derived from informa

the scope of the information sharing environm

including homeland security information, terr

information, and weapons of mass destruction 

information, that are tailored to State, local, a

law enforcement officers and intelligence ana

designed to prepare for and thwart acts of terr

(iv) assist Department analysts in preparing p

derived from information within the scope of 

information sharing environment, including h

security information, terrorism information, a

weapons of mass destruction information, tha

tailored to State, local, and tribal emergency r

providers and assist in the dissemination of su

products through appropriate Department cha

(2) PROGRAM NAME.—The program under this section shall b

the “Homeland Security Information Sharing Fellows Program

(b) ELIGIBILITY.—

(1) IN GENERAL.—In order to be eligible for selection as an In

Sharing Fellow under the program under this section, an indiv

shall—

(A) have homeland security-related responsibilities; 

(B) be eligible for an appropriate security clearance; 

(C) possess a valid need for access to classified inform

determined by the Under Secretary for Intelligence an

(D) be an employee of an eligible entity; and 

(E) have undergone appropriate privacy and civil libe

training that is developed, supported, or sponsored by 

Privacy Officer and the Officer for Civil Rights and C

Liberties, in consultation with the Privacy and Civil L

Oversight Board established under section 1061 of th

Intelligence Reform and Terrorism Prevention Act of 

U.S.C. §601 note). 

(2) ELIGIBLE ENTITIES.—In this subsection, the term “eligible 

means— 

(A) a State, local, or regional fusion center; 
254

(D) a tribal law enforcement or other authority; or 

(E) such other entity as the Secretary determines is ap

(c) OPTIONAL PARTICIPATION.—No State, local, or tribal law enforce

other government entity shall be required to participate in the Homela

Information Sharing Fellows Program. 

(d) PROCEDURES FOR NOMINATION AND SELECTION.—

(1) IN GENERAL.—The Under Secretary for Intelligence and A

shall establish procedures to provide for the nomination and s

individuals to participate in the Homeland Security Informatio

Fellows Program. 

(2) LIMITATIONS.—The Under Secretary for Intelligence and 

shall—

(A) select law enforcement officers and intelligence a

representing a broad cross-section of State, local, and 

agencies; and 

(B) ensure that the number of Information Sharing Fe

selected does not impede the activities of the Office o

Intelligence and Analysis. 

RURAL POLICING INSTITUTE

SEC. 210C. 

(a) IN GENERAL.—The Secretary shall establish a Rural Policing Insti

shall be administered by the Federal Law Enforcement Training Cente

training to law enforcement agencies and other emergency response p

located in rural areas. The Secretary, through the Rural Policing Instit

(1) evaluate the needs of law enforcement agencies and other 

response providers in rural areas; 

(2) develop expert training programs designed to address the n

law enforcement agencies and other emergency response prov

rural areas as identified in the evaluation conducted under par

including training programs about intelligence-led policing an

protections for privacy, civil rights, and civil liberties; 

(3) provide the training programs developed under paragraph 

enforcement agencies and other emergency response provider

areas; and 
255

enforcement or emergency response program of the Federal L

Enforcement Training Center or a local or tribal government e

existence on the date of enactment of the Implementing 

Recommendations of the 9/11 Commission Act of 2007; and 

(2) to the maximum extent practicable, be delivered in a cost-

manner at facilities of the Department, on closed military inst

with adequate training facilities, or at facilities operated by th

participants.

(c) DEFINITION.—In this section, the term “rural” means an area that i

located in a metropolitan statistical area, as defined by the Office of M

and Budget. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to b

appropriated to carry out this section (including for contracts, staff, an

equipment)— 

(1) $10,000,000 for fiscal year 2008; and 

(2) $5,000,000 for each of fiscal years 2009 through 2013. 

INTERAGENCY THREAT ASSESSMENT AND COORDINATION G

SEC. 210D. 

(a) IN GENERAL.—To improve the sharing of information within the s

information sharing environment established under section 1016 of th

Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 

State, local, tribal, and private sector officials, the Director of Nationa

Intelligence, through the program manager for the information sharing 

environment, in coordination with the Secretary, shall coordinate and 

creation of an Interagency Threat Assessment and Coordination Grou

to in this section as the “ITACG”). 

(b) COMPOSITION OF ITACG.—The ITACG shall consist of— 

(1) an ITACG Advisory Council to set policy and develop pro

the integration, analysis, and dissemination of federally-coord

information within the scope of the information sharing envir

including homeland security information, terrorism informatio

weapons of mass destruction information; and 

(2) an ITACG Detail comprised of State, local, and tribal hom

security and law enforcement officers and intelligence analys
256

the ITACG Advisory Council. 

(c) RESPONSIBILITIES OF PROGRAM MANAGER.—The program manag

consultation with the Information Sharing Council, shall— 

(1) monitor and assess the efficacy of the ITACG; and 

(2) not later than 180 days after the date of the enactment of th

Implementing Recommendations of the 9/11 Commission Ac

and at least annually thereafter, submit to the Secretary, the A

General, the Director of National Intelligence, the Committee 

Homeland Security and Governmental Affairs of the Senate a

Committee on Homeland Security of the House of Representa

report on the progress of the ITACG. 

(d) RESPONSIBILITIES OF SECRETARY.—The Secretary, or the Secreta

designee, in coordination with the Director of the National Counterter

Center and the ITACG Advisory Council, shall— 

(1) create policies and standards for the creation of informatio

derived from information within the scope of the information 

environment, including homeland security information, terror

information, and weapons of mass destruction information, th

suitable for dissemination to State, local, and tribal governme

private sector; 

(2) evaluate and develop processes for the timely disseminatio

federally-coordinated information within the scope of the info

sharing environment, including homeland security informatio

information, and weapons of mass destruction information, to 

local, and tribal governments and the private sector; 

(3) establish criteria and a methodology for indicating to State

tribal governments and the private sector the reliability of info

within the scope of the information sharing environment, incl

homeland security information, terrorism information, and we

mass destruction information, disseminated to them; 

(4) educate the intelligence community about the requirement

State, local, and tribal homeland security, law enforcement, an

emergency response providers regarding information within t

the information sharing environment, including homeland sec

information, terrorism information, and weapons of mass dest

information; 
257

and tribal homeland security and law enforcement off

other emergency response providers regarding inform

within the scope of the information sharing environm

including homeland security information, terrorism in

and weapons of mass destruction information; 

(B) assist National Counterterrorism Center intelligen

in integrating, analyzing, and otherwise preparing ver

products derived from information within the scope o

information sharing environment, including homeland 

information, terrorism information, and weapons of m

destruction information that are unclassified or classif

lowest possible level and suitable for dissemination to 

local, and tribal homeland security and law enforcem

agencies in order to help deter and prevent terrorist at

(C) implement, in coordination with National Counte

Center intelligence analysts, the policies, processes, p

standards, and guidelines developed by the ITACG A

Council;

(D) assist in the dissemination of products derived fro

information within the scope of the information sharin

environment, including homeland security informatio

information, and weapons of mass destruction inform

State, local, and tribal jurisdictions only through appr

channels identified by the ITACG Advisory Council; 

(E) report directly to the senior intelligence official fr

Department under paragraph (6); 

(6) detail a senior intelligence official from the Department of 

Security to the National Counterterrorism Center, who shall— 

(A) manage the day-to-day operations of the ITACG 

(B) report directly to the Director of the National 

Counterterrorism Center or the Director’s designee; a

(C) in coordination with the Director of the Federal B

Investigation, and subject to the approval of the Direc

National Counterterrorism Center, select a deputy fro

of available detailees from the Federal Bureau of Inve

the National Counterterrorism Center; and 
258

(e) MEMBERSHIP.—The Secretary, or the Secretarys designee, shall s

chair of the ITACG Advisory Council, which shall include— 

(1) representatives of— 

(A) the Department; 

(B) the Federal Bureau of Investigation; 

(C) the National Counterterrorism Center; 

(D) the Department of Defense; 

(E) the Department of Energy; 

(F) the Department of State; and 

(G) other Federal entities as appropriate; 

(2) the program manager of the information sharing environm

designated under section 1016(f) of the Intelligence Reform a

Terrorism Prevention Act of 2004 (6 U.S.C. §485(f)), or the p

manager’s designee; and 

(3) executive level law enforcement and intelligence officials 

local, and tribal governments. 

(f) CRITERIA.—The Secretary, in consultation with the Director of Na

Intelligence, the Attorney General, and the program manager of the in

sharing environment established under section 1016 of the Intelligenc

and Terrorism Prevention Act of 2004 (6 U.S.C. §485), shall— 

(1) establish procedures for selecting members of the ITACG 

Council and for the proper handling and safeguarding of prod

derived from information within the scope of the information 

environment, including homeland security information, terror

information, and weapons of mass destruction information, by 

members; and 

(2) ensure that at least 50 percent of the members of the ITAC

Advisory Council are from State, local, and tribal governmen

(g) OPERATIONS.—

(1) IN GENERAL.—Beginning not later than 90 days after the 

enactment of the Implementing Recommendations of the 9/11 

Commission Act of 2007, the ITACG Advisory Council shall 

regularly, but not less than quarterly, at the facilities of the Na

Counterterrorism Center of the Office of the Director of Natio

Intelligence.
259

the information sharing environment, including home

security information, terrorism information, and weap

mass destruction information, prepared by the Nation

Counterterrorism Center and the ITACG Detail for di

to State, local, and tribal homeland security and law e

agencies reflect the requirements of such agencies an

produced consistently with the policies, processes, pr

standards, and guidelines established by the ITACG A

Council;

(B) in consultation with the ITACG Advisory Counci

consistent with sections 102A(f)(1)(B)(iii) and 119(f)

National Security Act of 1947 (50 U.S.C. §402 et seq

products described in subparagraph (A) are dissemina

existing channels of the Department and the Departm

Justice and other appropriate channels to State, local, 

government officials and other entities; 

(C) all detailees under subsection (d)(5) have appropr

to all relevant information within the scope of the info

sharing environment, including homeland security inf

terrorism information, and weapons of mass destructi

information, available at the National Counterterroris

order to accomplish the objectives under that paragrap

(D) all detailees under subsection (d)(5) have the app

security clearances and are trained in the procedures f

handling, processing, storing, and disseminating class

products derived from information within the scope o

information sharing environment, including homeland 

information, terrorism information, and weapons of m

destruction information; and 

(E) all detailees under subsection (d)(5) complete app

privacy and civil liberties training. 

(h) INAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT.—

Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to th

or any subsidiary groups thereof. 

(i) Authorization of Appropriations.—There are authorized to be appr

such sums as may be necessary for each of fiscal years 2008 through 2
260

(a) ESTABLISHMENT.—

(1) NATIONAL ASSET DATABASE.—The Secretary shall estab

maintain a national database of each system or asset that— 

(A) the Secretary, in consultation with appropriate ho

security officials of the States, determines to be vital 

loss, interruption, incapacity, or destruction of which 

a negative or debilitating effect on the economic secu

health, or safety of the United States, any State, or an

government; or 

(B) the Secretary determines is appropriate for inclus

database.

(2) PRIORITIZED CRITICAL INFRASTRUCTURE LIST.—In accor

Homeland Security Presidential Directive-7, as in effect on Ja

2007, the Secretary shall establish and maintain a single class

prioritized list of systems and assets included in the database 

paragraph (1) that the Secretary determines would, if destroye

disrupted, cause national or regional catastrophic effects. 

(b) USE OF DATABASE.—The Secretary shall use the database establis

subsection (a)(1) in the development and implementation of Departme

and programs as appropriate. 

(c) MAINTENANCE OF DATABASE—

(1) IN GENERAL.—The Secretary shall maintain and annually 

database established under subsection (a)(1) and the list estab

under subsection (a)(2), including— 

(A) establishing data collection guidelines and provid

guidelines to the appropriate homeland security offici

State;

(B) regularly reviewing the guidelines established und

subparagraph (A), including by consulting with the ap

homeland security officials of States, to solicit feedba

the guidelines, as appropriate; 

(C) after providing the homeland security official of a 

the guidelines under subparagraph (A), allowing the o

reasonable amount of time to submit to the Secretary 

submissions recommended by the official for inclusio

database established under subsection (a)(1); 
261

Secretary finalizes the decision of which submissions 

included in the database established under subsection 

(2) ORGANIZATION OF INFORMATION IN DATABASE.—The Se

shall organize the contents of the database established under s

(a)(1) and the list established under subsection (a)(2) as the Se

determines is appropriate. Any organizational structure of suc

shall include the categorization of the contents— 

(A) according to the sectors listed in National Infrastr

Protection Plan developed pursuant to Homeland Sec

Presidential Directive-7; and 

(B) by the State and county of their location. 

(3) PRIVATE SECTOR INTEGRATION.—The Secretary shall ide

evaluate methods, including the Department’s Protected Criti

Infrastructure Information Program, to acquire relevant privat

information for the purpose of using that information to gener

database or list, including the database established under subs

(a)(1) and the list established under subsection (a)(2). 

(4) RETENTION OF CLASSIFICATION.—The classification of in

required to be provided to Congress, the Department, or any o

department or agency under this section by a sector-specific a

including the assignment of a level of classification of such in

shall be binding on Congress, the Department, and that other 

agency. 

(d) REPORTS.—

(1) REPORT REQUIRED.—Not later than 180 days after the dat

enactment of the Implementing Recommendations of the 9/11 

Commission Act of 2007, and annually thereafter, the Secreta

submit to the Committee on Homeland Security and Governm

Affairs of the Senate and the Committee on Homeland Securi

House of Representatives a report on the database established 

subsection (a)(1) and the list established under subsection (a)(

(2) CONTENTS OF REPORT.—Each such report shall include th

following:

(A) The name, location, and sector classification of ea

systems and assets on the list established under subse
262

(D) Any significant changes from the preceding repor

systems and assets included on such list or in such da

(E) If appropriate, the extent to which such database a

have been used, individually or jointly, for allocating 

the Federal Government to prevent, reduce, mitigate, 

to acts of terrorism. 

(F) The amount of coordination between the Departm

private sector, through any entity of the Department t

with representatives of private sector industries for pu

such coordination, for the purpose of ensuring the acc

such database and such list. 

(G) Any other information the Secretary deems releva

(3) CLASSIFIED INFORMATION.—The report shall be submitte

unclassified form but may contain a classified annex. 

(e) INSPECTOR GENERAL STUDY.—By not later than two years after th

enactment of the Implementing Recommendations of the 9/11 Commi

of 2007, the Inspector General of the Department shall conduct a stud

implementation of this section. 

(f) NATIONAL INFRASTRUCTURE PROTECTION CONSORTIUM.—The S

may establish a consortium to be known as the “National Infrastructur

Protection Consortium”. The Consortium may advise the Secretary on 

way to identify, generate, organize, and maintain any database or list o

and assets established by the Secretary, including the database establi

subsection (a)(1) and the list established under subsection (a)(2). If th

establishes the National Infrastructure Protection Consortium, the Con

may— 

(1) be composed of national laboratories, Federal agencies, St

local homeland security organizations, academic institutions, 

Centers of Excellence that have demonstrated experience wor

and identifying critical infrastructure and key resources; and 

(2) provide input to the Secretary on any request pertaining to 

contents of such database or such list. 
263

SHORT TITLE; FINDINGS; AND SENSE OF CONGRESS.

SEC. 891. [6 U.S.C. §481] 

(a) SHORT TITLE.—This subtitle may be cited as the “Homeland Secu

Information Sharing Act”. 

(b) FINDINGS.—Congress finds the following: 

(1) The Federal Government is required by the Constitution to 

for the common defense, which includes terrorist attack. 

(2) The Federal Government relies on State and local personn

protect against terrorist attack. 

(3) The Federal Government collects, creates, manages, and p

classified and sensitive but unclassified information to enhanc

homeland security. 

(4) Some homeland security information is needed by the Stat

personnel to prevent and prepare for terrorist attack. 

(5) The needs of State and local personnel to have access to re

homeland security information to combat terrorism must be re

with the need to preserve the protected status of such informa

protect the sources and methods used to acquire such informa

(6) Granting security clearances to certain State and local pers

one way to facilitate the sharing of information regarding spe

terrorist threats among Federal, State, and local levels of gove

(7) Methods exist to declassify, redact, or otherwise adapt cla

information so it may be shared with State and local personne

the need for granting additional security clearances. 

(8) State and local personnel have capabilities and opportuniti

information on suspicious activities and terrorist threats not p

Federal agencies. 

(9) The Federal Government and State and local governments 

agencies in other jurisdictions may benefit from such informa

(10) Federal, State, and local governments and intelligence, la

enforcement, and other emergency preparation and response a

must act in partnership to maximize the benefits of informatio

and analysis to prevent and respond to terrorist attacks. 

(11) Information systems, including the National Law Enforc

Telecommunications System and the Terrorist Threat Warnin
264

practicable, with special emphasis on hard-to-reach urban and rural co

FACILITATING HOMELAND SECURITY INFORMATION SHARING PR

SEC. 892. [6 U.S.C. §482] 

(a) PROCEDURES FOR DETERMINING EXTENT OF SHARING OF HOMELA

SECURITY INFORMATION.— 

(1) The President shall prescribe and implement procedures u

relevant Federal agencies— 

(A) share relevant and appropriate homeland security 

information with other Federal agencies, including th

Department, and appropriate State and local personne

(B) identify and safeguard homeland security informa

sensitive but unclassified; and 

(C) to the extent such information is in classified form

determine whether, how, and to what extent to remov

information, as appropriate, and with which such pers

may be shared after such information is removed. 

(2) The President shall ensure that such procedures apply to a

of the Federal Government. 

(3) Such procedures shall not change the substantive requirem

classification and safeguarding of classified information. 

(4) Such procedures shall not change the requirements and au

protect sources and methods. 

(b) PROCEDURES FOR SHARING OF HOMELAND SECURITY INFORMATI

(1) Under procedures prescribed by the President, all appropr

agencies, including the intelligence community, shall, through 

information sharing systems, share homeland security inform

Federal agencies and appropriate State and local personnel to 

such information may be shared, as determined in accordance 

subsection(a), together with assessments of the credibility of s

information. 

(2) Each information sharing system through which informati

under paragraph(1) shall— 

(A) have the capability to transmit unclassified or cla

information, though the procedures and recipients for 

capability may differ; 
265

(D) be accessible to appropriate State and local perso

(3) The procedures prescribed under paragraph(1) shall establ

conditions on the use of information shared under paragraph(

(A) to limit the redissemination of such information t

that such information is not used for an unauthorized 

(B) to ensure the security and confidentiality of such 

information; 

(C) to protect the constitutional and statutory rights o

individuals who are subjects of such information; and 

(D) to provide data integrity through the timely remov

destruction of obsolete or erroneous names and inform

(4) The procedures prescribed under paragraph(1) shall ensur

greatest extent practicable, that the information sharing system 

which information is shared under such paragraph include exi

information sharing systems, including, but not limited to, the 

Law Enforcement Telecommunications System, the Regional 

Information Sharing System, and the Terrorist Threat Warnin

the Federal Bureau of Investigation. 

(5) Each appropriate Federal agency, as determined by the Pre

shall have access to each information sharing system through 

information is shared under paragraph(1), and shall therefore 

to all information, as appropriate, shared under such paragrap

(6) The procedures prescribed under paragraph(1) shall ensur

appropriate State and local personnel are authorized to use su

information sharing systems— 

(A) to access information shared with such personnel

(B) to share, with others who have access to such info

sharing systems, the homeland security information o

jurisdictions, which shall be marked appropriately as 

to potential terrorist activity. 

(7) Under procedures prescribed jointly by the Director of Ce

Intelligence and the Attorney General, each appropriate Feder

as determined by the President, shall review and assess the in

shared under paragraph(6) and integrate such information wit

intelligence.
266

prescribed under the procedures set forth in subsection(a). 

(2) It is the sense of Congress that such procedures may inclu

more of the following means: 

(A) Carrying out security clearance investigations wit

appropriate State and local personnel. 

(B) With respect to information that is sensitive but u

entering into nondisclosure agreements with appropri

and local personnel. 

(C) Increased use of information-sharing partnerships 

include appropriate State and local personnel, such as 

Terrorism Task Forces of the Federal Bureau of Inves

the Anti-Terrorism Task Forces of the Department of 

and regional Terrorism Early Warning Groups. 

(3)(A) The Secretary shall establish a program to provide app

training to officials described in subparagraph(B) in order to a

officials in— 

(i) identifying sources of potential terrorist th

through such methods as the Secretary determ

appropriate;

(ii) reporting information relating to such pot

terrorist threats to the appropriate Federal age

appropriate form and manner; 

(iii) assuring that all reported information is 

systematically submitted to and passed on by 

Department for use by appropriate Federal ag

(iv) understanding the mission and roles of th

intelligence community to promote more effe

information sharing among Federal, State, an

officials and representatives of the private sec

prevent terrorist attacks against the United St

(B) The officials referred to in subparagraph (A) are o

State and local government agencies and representativ

private sector entities with responsibilities relating to 

oversight and management of first responders, counte

activities, or critical infrastructure. 
267

with the Director of Central Intelligence and the Atto

General.

(d) RESPONSIBLE OFFICIALS.—For each affected Federal agency, the 

such agency shall designate an official to administer this Act with resp

agency. 

(e) FEDERAL CONTROL OF INFORMATION.—Under procedures prescri

this section, information obtained by a State or local government from 

agency under this section shall remain under the control of the Federa

and a State or local law authorizing or requiring such a government to 

information shall not apply to such information. 

(f) DEFINITIONS.—As used in this section: 

(1) The term “homeland security information” means any info

possessed by a Federal, State, or local agency that— 

(A) relates to the threat of terrorist activity; 

(B) relates to the ability to prevent, interdict, or disrup

activity; 

(C) would improve the identification or investigation 

suspected terrorist or terrorist organization; or 

(D) would improve the response to a terrorist act. 

(2) The term “intelligence community” has the meaning given 

in section 3(4) of the National Security Act of 1947(50 U.S.C

(3) The term “State and local personnel” means any of the fol

persons involved in prevention, preparation, or response for te

attack:

(A) State Governors, mayors, and other locally electe

(B) State and local law enforcement personnel and fir

(C) Public health and medical professionals. 

(D) Regional, State, and local emergency managemen

personnel, including State adjutant generals. 

(E) Other appropriate emergency response agency pe

(F) Employees of private-sector entities that affect cri

infrastructure, cyber, economic, or public health secu

designated by the Federal Government in procedures 

pursuant to this section. 

(4) The term “State” includes the District of Columbia and an

commonwealth, territory, or possession of the United States. 
268

provision of law relating to the confidentiality of such information. 

REPORT

SEC. 893. [6 U.S.C. §483] 

(a) REPORT REQUIRED.—Not later than 12 months after the date of th

of this Act, the President shall submit to the congressional committees 

in subsection(b) a report on the implementation of section 892. The re

include any recommendations for additional measures or appropriatio

beyond the requirements of section 892, to increase the effectiveness 

of information between and among Federal, State, and local entities. 

(b) SPECIFIED CONGRESSIONAL COMMITTEES.—The congressional co

referred to in subsection(a) are the following committees: 

(1) The Permanent Select Committee on Intelligence and the 

on the Judiciary of the House of Representatives. 

(2) The Select Committee on Intelligence and the Committee 

Judiciary of the Senate. 

AUTHORIZATION OF APPROPRIATIONS

SEC. 894. [6 U.S.C. §484] 

There are authorized to be appropriated such sums as may be necessar

out section 892. 

AUTHORITY TO SHARE GRAND JURY INFORMATION

SEC. 895. 

Rule 6(e) of the Federal Rules of Criminal Procedure [18 U.S.C. App

amended— 

(1) in paragraph(2), by inserting “, or of guidelines jointly issu

Attorney General and Director of Central Intelligence pursuan

6,” after “Rule 6”; and 

(2) in paragraph(3)— 

(A) in subparagraph(A)(ii), by inserting “or of a forei

government” after “(including personnel of a state or 

of a state”; 
269

(I) by inserting or foreign after ma

a violation of State”; 

(II) by inserting “or of a foreign gove

after “to an appropriate official of a S

subdivision of a State”; and 

(III) by striking “or” at the end; 

(iii) by striking the period at the end of subcla

inserting “; or”; and 

(iv) by adding at the end the following: 

“(VI) when matters involve a threat o

potential attack or other grave hostile 

foreign power or an agent of a foreig

domestic or international sabotage, d

international terrorism, or clandestine 

intelligence gathering activities by an 

intelligence service or network of a f

power or by an agent of a foreign pow

the United States or elsewhere, to any 

appropriate federal, state, local, or fo

government official for the purpose o

preventing or responding to such a th

(C) in subparagraph(C)(iii)— 

(i) by striking “Federal”; 

(ii) by inserting “or clause (i)(VI)” after “clau

and

(iii) by adding at the end the following: “Any 

local, or foreign official who receives inform

pursuant to clause (i)(VI) shall use that inform

consistent with such guidelines as the Attorne

and Director of Central Intelligence shall join
270

“(7) Any investigative or law enforcement officer, or other Federal of

carrying out official duties as such Federal official, who by any mean

by this chapter, has obtained knowledge of the contents of any wire, o

electronic communication, or evidence derived there from, may disclo

contents or derivative evidence to a foreign investigative or law enfor

officer to the extent that such disclosure is appropriate to the proper p

of the official duties of the officer making or receiving the disclosure, 

investigative or law enforcement officers may use or disclose such co

derivative evidence to the extent such use or disclosure is appropriate 

proper performance of their official duties. 

“(8) Any investigative or law enforcement officer, or other Federal of

carrying out official duties as such Federal official, who by any mean

by this chapter, has obtained knowledge of the contents of any wire, o

electronic communication, or evidence derived there from, may disclo

contents or derivative evidence to any appropriate Federal, State, loca

government official to the extent that such contents or derivative evid

reveals a threat of actual or potential attack or other grave hostile acts 

foreign power or an agent of a foreign power, domestic or internationa

domestic or international terrorism, or clandestine intelligence gatheri

activities by an intelligence service or network of a foreign power or b

of a foreign power, within the United States or elsewhere, for the purp

preventing or responding to such a threat. Any official who receives in

pursuant to this provision may use that information only as necessary 

conduct of that person’s official duties subject to any limitations on th

unauthorized disclosure of such information, and any State, local, or f

official who receives information pursuant to this provision may use t

information only consistent with such guidelines as the Attorney Gene

Director of Central Intelligence shall jointly issue.”. 

FOREIGN INTELLIGENCE INFORMATION

SEC. 897. 

(a) DISSEMINATION AUTHORIZED.—Section 203(d)(1) of the Uniting 

Strengthening America by Providing Appropriate Tools Required to I
271

acts of a foreign power or an agent of a foreign power, domestic or int

sabotage, domestic or international terrorism, or clandestine intelligen

gathering activities by an intelligence service or network of a foreign 

an agent of a foreign power, within the United States or elsewhere, ob

part of a criminal investigation to be disclosed to any appropriate Fed

local, or foreign government official for the purpose of preventing or 

to such a threat. Any official who receives information pursuant to thi

may use that information only as necessary in the conduct of that pers

official duties subject to any limitations on the unauthorized disclosur

information, and any State, local, or foreign official who receives info

pursuant to this provision may use that information only consistent wi

guidelines as the Attorney General and Director of Central Intelligenc

jointly issue.”. 

(b) CONFORMING AMENDMENTS.—Section 203(c) of that Act is amen

(1) by striking “section 2517(6)” and inserting “paragraphs (6

section 2517 of title 18, United States Code,”; and 

(2) by inserting “and (VI)” after “Rule 6(e)(3)(C)(i)(V)”. 

INFORMATION ACQUIRED FROM ELECTRONIC SURVEILLAN

SEC. 898. 

Section 106(k)(1) of the Foreign Intelligence Surveillance Act of 1978 

U.S.C. §1806) is amended by inserting after “law enforcement officer

following: “or law enforcement personnel of a State or political subdi

State(including the chief executive officer of that State or political sub

who has the authority to appoint or direct the chief law enforcement o

that State or political subdivision)”. 

INFORMATION ACQUIRED FROM A PHYSICAL SEARCH

SEC. 899. 

Section 305(k)(1) of the Foreign Intelligence Surveillance Act of 1978 

U.S.C. §1825) is amended by inserting after “law enforcement officer

following: “or law enforcement personnel of a State or political subdi

State(including the chief executive officer of that State or political sub
272
273

COORDINATION OF COUNTERINTELLIGENCE ACTIVITIE

SEC. 811(50 U.S.C. §402a) 

(a) ESTABLISHMENT OF COUNTERINTELLIGENCE POLICY BOARD. Th

established within the executive branch of Government a National 

Counterintelligence Policy Board (in this section referred to as the “B

Board shall report to the President through the National Security Coun

(b) CHAIRPERSON. The National Counterintelligence Executive under 

902 of the Counterintelligence Enhancement Act of 2002 shall serve a

chairperson of the Board. 

(c) MEMBERSHIP. The membership of the National Counterintelligen

Board shall consist of the following: 

(1) The National Counterintelligence Executive. 

(2) Senior personnel of departments and elements of the Unite

Government, appointed by the head of the department or elem

concerned, as follows: 

(A) The Department of Justice, including the Federal 

Investigation.

(B) The Department of Defense, including the Joint C

Staff.

(C) The Department of State. 

(D) The Department of Energy. 

(E) The Central Intelligence Agency. 

(F) Any other department, agency, or element of the U

States Government specified by the President. 

(d) FUNCTIONS AND DISCHARGE OF FUNCTIONS.

(1) The Board shall— 

(A) serve as the principal mechanism for— 

(i) developing policies and procedures for the 

of the President to govern the conduct of 

counterintelligence activities; and 

(ii) upon the direction of the President, resolv

conflicts that arise between elements of the G

conducting such activities; and 

(B) act as an interagency working group to— 
274

Office of the National Counterintelligence Ex

under section 904(e)(2) of that Act. 

(2) The Board may, for purposes of carrying out its functions 

section, establish such interagency boards and working group

Board considers appropriate. 

(e) COORDINATION OF COUNTERINTELLIGENCE MATTERS WITH THE F

BUREAU OF INVESTIGATION.

(1) Except as provided in paragraph (5), the head of each depa

agency within the executive branch shall ensure that— 

(A) the Federal Bureau of Investigation is advised im

of any information, regardless of its origin, which ind

classified information is being, or may have been, dis

unauthorized manner to a foreign power or an agent o

power;

(B) following a report made pursuant to subparagraph 

Federal Bureau of Investigation is consulted with resp

subsequent actions which may be undertaken by the d

or agency concerned to determine the source of such 

compromise; and 

(C) where, after appropriate consultation with the dep

agency concerned, the Federal Bureau of Investigatio

undertakes investigative activities to determine the so

loss or compromise, the Federal Bureau of Investigati

complete and timely access to the employees and reco

department or agency concerned for purposes of such 

investigative activities. 

(2) Except as provided in paragraph (5), the Director of the Fe

Bureau of Investigation shall ensure that espionage informatio

by the Federal Bureau of Investigation pertaining to the perso

operations, or information of departments or agencies of the e

branch, is provided through appropriate channels in a timely m

the department or agency concerned, and that such departmen

agencies are consulted in a timely manner with respect to espi

investigations undertaken by the Federal Bureau of Investigat

involve the personnel, operations, or information of such depa

agency. 
275

in determining whether, and under what circu

the subject of an investigation under paragrap

should be left in place for investigative purpo

(ii) notify in writing the Director of the Feder

of Investigation of such determination. 

(C) The Director of the Federal Bureau of Investigatio

head of the department or agency concerned shall con

consult, as appropriate, to review the status of an inve

covered by this paragraph, and to reassess, as appropr

determination of the head of the department or agency 

to leave a subject in place for investigative purposes. 

(4) (A) The Federal Bureau of Investigation shall notify appro

officials within the executive branch, including the head of th

department or agency concerned, of the commencement of a f

espionage investigation with respect to an employee within th

branch.

(B) A department or agency may not conduct a polyg

examination, interrogate, or otherwise take any action 

likely to alert an employee covered by a notice under 

subparagraph (A) of an investigation described in tha

subparagraph without prior coordination and consulta

the Federal Bureau of Investigation. 

(5) Where essential to meet extraordinary circumstances affec

national security interests of the United States, the President m

case-by-case basis waive the requirements of paragraph (1), (2

they apply to the head of a particular department or agency, o

Director of the Federal Bureau of Investigation. Such waiver 

writing and shall fully state the justification for such waiver. W

thirty days, the President shall notify the Select Committee on 

Intelligence of the Senate and the Permanent Select Committe

Intelligence of the House of Representatives that such waiver 

issued, and at that time or as soon as national security conside

permit, provide these committees with a complete explanation 

circumstances which necessitated such waiver. 

(6) Nothing in this section may be construed to alter the existi

jurisdictional arrangements between the Federal Bureau of Inv
276

foreign power have the same meanings as set forth in section

and (b), respectively, of the Foreign Intelligence Surveillance 

1978. 

(8) [Redesignated] 
277

SHORT TITLE; PURPOSE

SECTION. 901. [50 U.S.C. §401 note.] 

(a) SHORT TITLE.—This title may be cited as the “Counterintelligence 

Enhancement Act of 2002”. 

(b) PURPOSE.—The purpose of this title is to facilitate the enhanceme

counterintelligence activities of the United States Government by— 

(1) enabling the counterintelligence community of the United 

Government to fulfill better its mission of identifying, assessi

prioritizing, and countering the intelligence threats to the Unit

(2) ensuring that the counterintelligence community of the Un

Government acts in an efficient and effective manner; and 

(3) providing for the integration of all the counterintelligence 

the United States Government. 

NATIONAL COUNTERINTELLIGENCE EXECUTIVE

SEC. 902. [50 U.S.C. §402b] 

(a) ESTABLISHMENT.—

(1) There shall be a National Counterintelligence Executive, w

appointed by the Director of National Intelligence. 

(2) It is the sense of Congress that the Director of National In

should seek the views of the Attorney General, Secretary of D

Director of the Central Intelligence Agency in selecting an ind

appointment as the Executive. 

(b) MISSION.—The mission of the National Counterintelligence Execu

be to serve as the head of national counterintelligence for the United S

Government.

(c) DUTIES.—Subject to the direction and control of the Director of N

Intelligence, the duties of the National Counterintelligence Executive 

follows:

(1) To carry out the mission referred to in subsection (b). 

(2) To act as chairperson of the National Counterintelligence 

Board under section 811 of the Counterintelligence and Secur

Enhancements Act of 1994 (title VIII of Public Law 103-359; 

§402a), as amended by section 903 of this Act. 
278

under section 904. 

OFFICE OF THE COUNTERINTELLIGENCE EXECUTIVE

SEC. 904. [50 U.S.C. §402c] 

(a) ESTABLISHMENT.—There shall be an Office of the National 

Counterintelligence Executive. 

(b) HEAD OF OFFICE.—The National Counterintelligence Executive sh

head of the Office of the National Counterintelligence Executive. 

(c) LOCATION OF OFFICE.—The Office of the National Counterintellig

Executive shall be located in the Office of the Director of National Int

(d) GENERAL COUNSEL.—

(1) There shall be in the Office of the National Counterintellig

Executive a general counsel who shall serve as principal legal 

the National Counterintelligence Executive. 

(2) The general counsel shall.— 

(A) provide legal advice and counsel to the Executive 

relating to functions of the Office; 

(B) ensure that the Office complies with all applicabl

regulations, Executive orders, and guidelines; and 

(C) carry out such other duties as the Executive may s

(e) FUNCTIONS.—Subject to the direction and control of the National 

Counterintelligence Executive, the functions of the Office of the Natio

Counterintelligence Executive shall be as follows: 

(1) NATIONAL THREAT IDENTIFICATION AND PRIORITIZATION 

ASSESSMENT.—Subject to subsection (f), in consultation with 

appropriate department and agencies of the United States Gov

and private sector entities, to produce on an annual basis a str

planning assessment of the counterintelligence requirements o

United States to be known as the National Threat Identificatio

Prioritization Assessment. 

(2) NATIONAL COUNTERINTELLIGENCE STRATEGY.—Subject 

subsection (f), in consultation with appropriate department an

of the United States Government, and private sector entities, a

on the most current National Threat Identification and Prioriti

Assessment under paragraph (1), to produce on an annual bas
279

shortfalls in the implementation of the Strategy and recomme

remedies for such shortfalls. 

(4) NATIONAL COUNTERINTELLIGENCE STRATEGIC ANALYSE

directed by the Director of National Intelligence and in consu

appropriate elements of the departments and agencies of the U

States Government, to oversee and coordinate the production 

analyses of counterintelligence matters, including the product

counterintelligence damage assessments and assessments of le

learned from counterintelligence activities. 

(5) NATIONAL COUNTERINTELLIGENCE PROGRAM BUDGET.—

consultation with the Director of National Intelligence— 

(A) to coordinate the development of budgets and res

allocation plans for the counterintelligence programs 

activities of the Department of Defense, the Federal B

Investigation, the Central Intelligence Agency, and ot

appropriate elements of the United States Governmen

(B) to ensure that the budgets and resource allocation 

developed under subparagraph (A) address the object

priorities for counterintelligence under the National 

Counterintelligence Strategy; and 

(C) to submit to the National Security Council period

on the activities undertaken by the Office under subpa

(A) and (B). 

(6) NATIONAL COUNTERINTELLIGENCE COLLECTION AND TA

COORDINATION.—To develop priorities for counterintelligenc

investigations and operations, and for collection of counterint

for purposes of the National Counterintelligence Strategy, exc

Office may not— 

(A) carry out any counterintelligence investigations o

operations; or 

(B) establish its own contacts, or carry out its own ac

with foreign intelligence services. 

(7) NATIONAL COUNTERINTELLIGENCE OUTREACH, WATCH, 

WARNING.—

(A) COUNTERINTELLIGENCE VULNERABILITY SURVE

carry out and coordinate surveys of the vulnerability o
280

coordinate the dissemination to the public of warning

intelligence threats to the United States. 

(C) RESEARCH AND DEVELOPMENT.—To ensure that 

and development programs and activities of the Unite

Government, and the private sector, direct attention to 

of the counterintelligence community for technologie

and services. 

(D) TRAINING AND PROFESSIONAL DEVELOPMENT.—

policies and standards for training and professional de

of individuals engaged in counterintelligence activitie

manage the conduct of joint training exercises for suc

personnel.

(f) ADDITIONAL REQUIREMENTS REGARDING NATIONAL THREAT

IDENTIFICATION AND PRIORITIZATION ASSESSMENT AND NATIONAL 

COUNTERINTELLIGENCE STRATEGY.—

(1) A National Threat Identification and Prioritization Assessm

subsection (e)(1), and any modification of such assessment, sh

into effect until approved by the President. 

(2) A National Counterintelligence Strategy under subsection 

any modification of such strategy, shall not go into effect unti

by the President. 

(3) The National Counterintelligence Executive shall submit t

congressional intelligence committees each National Threat 

Identification and Prioritization Assessment, or modification 

each National Counterintelligence Strategy, or modification th

approved under this section. 

(4) In this subsection, the term “congressional intelligence com

means— 

(A) the Select Committee on Intelligence of the Senat

(B) the Permanent Select Committee on Intelligence o

House of Representatives. 

(g) PERSONNEL.—

(1) Personnel of the Office of the National Counterintelligenc

may consist of personnel employed by the Office or personne

from any other department, agency, or element of the Federal 

Government. Any such detail may be on a reimbursable or 
281

for any period in excess of one year that the National Counter

Executive and the head of the department, agency, or element 

consider appropriate. 

(3) The employment of personnel by the Office, including the 

appointment, compensation and benefits, management, and se

such personnel, shall be governed by the provisions of law on 

matters with respect to the personnel of the Central Intelligen

except that, for purposes of the applicability of such provision

personnel of the Office, the National Counterintelligence Exe

be treated as the head of the Office. 

(4) Positions in the Office shall be excepted service positions 

purposes of title 5, United States Code. 

(h) SUPPORT.— 

(1) The Attorney General, Secretary of Defense, and Director 

Intelligence may each provide the Office of the National 

Counterintelligence Executive such support as may be necess

permit the Office to carry out its functions under this section. 

(2) Subject to any terms and conditions specified by the Direc

National Intelligence, the Director may provide administrativ

contract support to the Office as if the Office were an element 

Central Intelligence Agency. 

(3) Support provided under this subsection may be provided o

reimbursable or nonreimbursable basis, at the election of the o

providing such support. 

(i) AVAILABILITY OF FUNDS FOR REIMBURSEMENT.—The National 

Counterintelligence Executive may, from amounts available for the O

transfer to a department or agency detailing personnel under subsectio

providing support under subsection (h), on a reimbursable basis amou

appropriate to reimburse such department or agency for the detail of s

personnel or the provision of such support, as the case may be. 

(j) CONTRACTS.—

(1) Subject to paragraph (2), the National Counterintelligence 

may enter into any contract, lease, cooperative agreement, or 

transaction that the Executive considers appropriate to carry o

functions of the Office of the National Counterintelligence Ex

under this section. 
282

files of the Office shall be treated as operational files of the Central In

Agency for purposes of section 701 of the National Security Act of 19

U.S.C. §431) to the extent such files meet criteria under subsection (b

section for treatment of files as operational files of an element of the A

(l) OVERSIGHT BY CONGRESS.—The location of the Office of the Nati

Counterintelligence Executive within the Office of the Director of Na

Intelligence shall not be construed as affecting access by Congress, or 

committee of Congress, to— 

(1) any information, document, record, or paper in the posses

Office; or 

(2) any personnel of the Office. 

(m) CONSTRUCTION.—Nothing in this section shall be construed as af

authority of the Director of National Intelligence, the Secretary of Def

Secretary of State, the Attorney General, or the Director of the Federa

Investigation as provided or specified under the National Security Act 

under other provisions of law. 
283

Be it enacted by the Senate and House of Representatives of the Unite

America in Congress assembled, 

DEFINITIONS

SECTION 1. [18 U.S.C. App. §1] 

(a) “Classified information”, as used in this Act, means any informatio

material that has been determined by the United States Government p

an Executive order, statute, or regulation, to require protection against 

unauthorized disclosure for reasons of national security and any restri

as defined in paragraph r. of section 11 of the Atomic Energy Act of 1

U.S.C. §2014(y)). 

(b) “National security”, as used in this Act, means the national defens

foreign relations of the United States.

PRETRIAL CONFERENCE

SEC. 2. [18 U.S.C. App. §2] 

At any time after the filing of the indictment or information, any party 

for a pretrial conference to consider matters relating to classified infor

may arise in connection with the prosecution. Following such motion, 

own motion, the court shall promptly hold a pretrial conference to esta

timing of requests for discovery, the provision of notice required by se

this Act, and the initiation of the procedure established by section 6 of 

In addition, at the pretrial conference the court may consider any matt

relate to classified information or which may promote a fair and exped

No admission made by the defendant or by any attorney for the defend

a conference may be used against the defendant unless the admission 

and is signed by the defendant and by the attorney for the defendant. 
284

DISCOVERY OF CLASSIFIED INFORMATION BY DEFENDAN

SEC. 4. [18 U.S.C. App. §4 ] 

The court, upon a sufficient showing, may authorize the United States 

specified items of classified information from documents to be made a

the defendant through discovery under the Federal Rules of Criminal 

to substitute a summary of the information for such classified docume

substitute a statement admitting relevant facts that the classified inform

would tend to prove. The court may permit the United States to make 

for such authorization in the form of a written statement to be inspecte

court alone. If the court enters an order granting relief following such 

showing, the entire text of the statement of the United States shall be s

preserved in the records of the court to be made available to the appel

the event of an appeal. 

NOTICE OF DEFENDANT’S INTENTION TO 

DISCLOSE CLASSIFIED INFORMATION

SEC. 5. [18 U.S.C. App. §5 ] 

(a) NOTICE BY DEFENDANT.—If a defendant reasonably expects to dis

cause the disclosure of classified information in any manner in connec

any trial or pretrial proceeding involving the criminal prosecution of s

defendant, the defendant shall, within the time specified by the court o

time is specified, within thirty days prior to trial, notify the attorney fo

United States and the court in writing. Such notice shall include a brie

description of the classified information. Whenever a defendant learn

additional classified information he reasonably expects to disclose at a

proceeding, he shall notify the attorney for the United States and the c

writing as soon as possible thereafter and shall include a brief descript

classified information. No defendant shall disclose any information kn

believed to be classified in connection with a trial or pretrial proceedi

notice has been given under this subsection and until the United State

afforded a reasonable opportunity to seek a determination pursuant to 

procedure set forth in section 6 of this Act, and until the time for the U
285

information. 

PROCEDURES FOR CASES INVOLVING CLASSIFIED INFORMA

SEC. 6. [18 U.S.C. App. §6 ] 

(a) MOTION FOR HEARING.—Within the time specified by the court fo

of a motion under this section, the United States may request the cour

a hearing to make all determinations concerning the use, relevance, or 

admissibility of classified information that would otherwise be made d

trial or pretrial proceeding. Upon such a request, the court shall condu

hearing. Any hearing held pursuant to this subsection (or any portion 

hearing specified in the request of the Attorney General) shall be held 

if the Attorney General certifies to the court in such petition that a pub

proceeding may result in the disclosure of classified information. As t

of classified information, the court shall set forth in writing the basis f

determination. Where the United States’ motion under this subsection 

prior to the trial or pretrial proceeding, the court shall rule prior to the 

commencement of the relevant proceeding. 

(b) NOTICE.—

(1) Before any hearing is conducted pursuant to a request by t

States under subsection (a), the United States shall provide th

with notice of the classified information that is at issue. Such 

identify the specific classified information at issue whenever 

information previously has been made available to the defend

United States. When, the United States has not previously ma

information available to the defendant in connection with the 

information may be described by generic category, in such fo

court may approve, rather than by identification of the specifi

information of concern to the United States. 

(2) Whenever the United States requests a hearing under subs

the court, upon request of the defendant, may order the United 

provide the defendant, prior to trial, such details as to the port

indictment or information at issue in the hearing as are needed 

defendant fair notice to prepare for the hearing. 
286

(A) the substitution for such classified information of 

admitting relevant facts that the specific classified inf

would tend to prove; or 

(B) the substitution for such classified information of 

of the specific classified information. The court shall 

a motion of the United States if it finds that the statem

summary will provide the defendant with substantiall

ability to make his defense as would disclosure of the 

classified information. The court shall hold a hearing 

motion under this section. Any such hearing shall be 

camera at the request of the Attorney General. 

(2) The United States may, in connection with a motion under 

(1), submit to the court an affidavit of the Attorney General ce

that disclosure of classified information would cause identifia

to the national security of the United States and explaining the 

the classification of such information. If so requested by the U

States, the court shall examine such affidavit in camera and ex 

(d) SEALING OF RECORDS OF IN CAMERA HEARINGS.—If at the close 

camera hearing under this Act (or any portion of a hearing under this A

held in camera) the court determines that the classified information at 

not be disclosed or elicited at the trial or pretrial proceeding, the recor

camera hearing shall be sealed and preserved by the court for use in th

an appeal. The defendant may seek reconsideration of the court’s dete

prior to or during trial. 

(e) PROHIBITION ON DISCLOSURE OF CLASSIFIED INFORMATION BY D

RELIEF FOR DEFENDANT WHEN UNITED STATES OPPOSES DISCLOSUR

(1) Whenever the court denies a motion by the United States t

an order under subsection (c) and the United States files with 

affidavit of the Attorney General objecting to disclosure of th

information at issue, the court shall order that the defendant n

or cause the disclosure of such information. 

(2) Whenever a defendant is prevented by an order under para

from disclosing or causing the disclosure of classified informa

court shall dismiss the indictment or information; except that, 

court determines that the interests of justice would not be serv

dismissal of the indictment or information, the court shall ord
287

(C) striking or precluding all or part of the testimony 

witness.

An order under this paragraph shall not take effect until the court has 

United States an opportunity to appeal such order under section 7, and 

to withdraw its objection to the disclosure of the classified informatio

 (f) RECIPROCITY.—Whenever the court determines pursuant to subse

that classified information may be disclosed in connection with a trial 

proceeding, the court shall, unless the interests of fairness do not so re

the United States to provide the defendant with the information it exp

to rebut the classified information. The court may place the United Sta

continuing duty to disclose such rebuttal information. If the United St

comply with its obligation under this subsection, the court may exclud

evidence not made the subject of a required disclosure and may prohib

examination by the United States of any witness with respect to such 

information. 

INTERLOCUTORY APPEAL

SEC. 7. [18 U.S.C. App. §7 ] 

(a) An interlocutory appeal by the United States taken before or after 

defendant has been placed in jeopardy shall lie to a court of appeals fr

decision or order of a district court in a criminal case authorizing the d

of classified information, imposing sanctions for nondisclosure of clas

information, or refusing a protective order sought by the United States 

the disclosure of classified information. 

(b) An appeal taken pursuant to this section either before or during tri

expedited by the court of appeals. Prior to trial, an appeal shall be take

ten days after the decision or order appealed from and the trail shall n

commence until the appeal is resolved. If an appeal is taken during tri

court shall adjourn the trial until the appeal is resolved and the court o

(1) shall hear argument on such appeal within four days of the adjourn

trial, (2) may dispense with written briefs other than the supporting m

previously submitted to the trial court, (3) shall render its decision wit

days of argument on appeal, and (4) may dispense with the issuance o

opinion in rendering its decision. Such appeal and decision shall not a

right of the defendant, in a subsequent appeal from a judgment of con
288

(a) CLASSIFIED STATUS.—Writings, recordings, and photographs cont

classified information may be admitted into evidence without change 

classification status. 

(b) PRECAUTIONS BY COURT.—The court, in order to prevent unneces

disclosure of classified information involved in any criminal proceedi

order admission into evidence of only part of a writing, recording, or p

or may order admission into evidence of the whole writing, recording

photograph with excision of some or all of the classified information c

therein, unless the whole ought in fairness be considered. 

(c) TAKING OF TESTIMONY.—During the examination of a witness in 

criminal proceeding, the United States may object to any question or l

inquiry that may require the witness to disclose classified information 

previously found to be admissible. Following such an objection, the c

take such suitable action to determine whether the response is admissi

safeguard against the compromise of any classified information. Such 

include requiring the United States to provide the court with a proffer 

witness’ response to the question or line of inquiry and requiring the d

provide the court with a proffer of the nature of the information he see

SECURITY PROCEDURES

SEC. 9. [18 U.S.C. App. §9 ] 

(a) Within one hundred and twenty days of the date of the enactment o

the Chief Justice of the United States, in consultation with the Attorne

the Director of National Intelligence, and the Secretary of Defense, sh

prescribe rules establishing procedures for the protection against unau

disclosure of any classified information in the custody of the United S

district courts, courts of appeals, or Supreme Court. Such rules, and an

in such rules, shall be submitted to the appropriate committees of Con

shall become effective forty-five days after such submission. 

(b) Until such time as rules under subsection (a) first become effective

Federal courts shall in each case involving classified information adop

procedures to protect against the unauthorized disclosure of such infor
289

and the appropriate United States attorney, or the designees of such of

shall provide briefings to the senior agency official, or the designee of 

official, with respect to any case involving classified information that 

in the agency of such senior agency official. 

(b) TIMING OF BRIEFINGS.—Briefings under subsection (a) with respe

shall occur— 

(1) as soon as practicable after the Department of Justice and 

States attorney concerned determine that a prosecution or pote

prosecution could result; and 

(2) at such other times thereafter as are necessary to keep the 

agency official concerned fully and currently informed of the 

the prosecution. 

(c) SENIOR AGENCY OFFICIAL DEFINED.—In this section, the term “se

agency official” has the meaning given that term in section 1.1 of Exe

Order No. 12958. 

IDENTIFICATION OF INFORMATION RELATED TO THE NATIONAL 

SEC. 10. [18 U.S.C. App. §10 ] 

In any prosecution in which the United States must establish that mate

to the national defense or constitutes classified information, the Unite

shall notify the defendant, within the time before trial specified by the 

the portions of the material that it reasonably expects to rely upon to e

national defense or classified information element of the offense. 

AMENDMENT TO THE ACT

SEC. 11. [18 U.S.C. App. §11 ] 

Sections 1 through 10 of this Act may be amended as provided in sect

title 28, United States Code. 

ATTORNEY GENERAL GUIDELINES

SEC. 12. [18 U.S.C. App. §12 ] 

(a) Within one hundred and eighty days of enactment of this Act, the A

General shall issue guidelines specifying the factors to be used by the 
290

of Justice shall prepare written findings detailing the reasons for the d

to prosecute. The findings shall include— 

(1) the intelligence information which the Department of Just

believe might be disclosed, 

(2) the purpose for which the information might be disclosed, 

(3) the probability that the information would be disclosed, an

(4) the possible consequences such disclosure would have on 

security. 

REPORTS TO CONGRESS

SEC. 13. [18 U.S.C. App. §13 ] 

(a) Consistent with applicable authorities and duties, including those c

by the Constitution upon the executive and legislative branches, the A

General shall report orally or in writing semiannually to the Permanen

Committee on Intelligence of the United States House of Representati

Select Committee on Intelligence of the United States Senate, and the 

and ranking minority members of the Committees on the Judiciary of 

and House of Representatives on all cases where a decision not to pro

violation of Federal law pursuant to section 12(a) has been made. 

(b) In the case of the semiannual reports (whether oral or written) requ

submitted under subsection (a) to the Permanent Select Committee on 

Intelligence of the House of Representatives and the Select Committe

Intelligence of the Senate, the submittal dates for such reports shall be 

provided in section 507 of the National Security Act of 1947. 

(c) The Attorney General shall deliver to the appropriate committees o

a report concerning the operation and effectiveness of this Act and inc

suggested amendments to this Act. For the first three years this Act is 

there shall be a report each year. After three years, such reports shall b

as necessary. 
291

designated by the Attorney 

General for such purpose and may not be delegated to any other offici

EFFECTIVE DATE

SEC. 15. [18 U.S.C. App. §15 ] 

The provisions of this Act shall become effective upon the date of the 

of this Act, but shall not apply to any prosecution in which an indictm

information was filed before such date. 

SHORT TITLE

SEC. 16. [18 U.S.C. App. §16 ] 

That this Act may be cited as the “Classified Information Procedures A
292
293

Be it enacted by the Senate and House of Representatives of the Unite

America in Congress assembled, 

SHORT TITLE

That this Act may be cited as the “Foreign Intelligence Surveillance A

1978”.

TABLE OF CONTENTS

TITLE I—ELECTRONIC SURVEILLANCE WITHIN 

THE UNITED STATES FOR FOREIGN INTELLIGENCE PURPOSES

SEC. 101. Definitions. 

SEC. 102. Authorization for electronic surveillance for foreign intelli

purposes. 

SEC. 103. Designation of judges. 

SEC. 104. Application for an order. 

SEC. 105. Issuance of an order. 

SEC. 106. Use of information. 

SEC. 107. Report of electronic surveillance. 

SEC. 108. Congressional oversight. 

SEC. 109. Penalties. 

SEC. 110. Civil liability. 

SEC. 111. Authorization during time of war. 

TITLE II—CONFORMING AMENDMENTS

SEC. 201. Amendments to chapter 119 of title 18, United States Code

TITLE III—PHYSICAL SEARCHES WITHIN 

THE UNITED STATESFOR FOREIGN INTELLIGENCE PURPOSES

SEC. 301. Definitions. 

SEC. 302. Authorization of physical searches for foreign intelligence 

SEC. 303. Application for an order. 

SEC. 304. Issuance of an order. 

*

 The amendments to FISA of the Protect America Act (PAA) of 2007 are n

in this section. The PAA, in its entirety, follows the FISA. 
294

FOR FOREIGN INTELLIGENCE PURPOSES

SEC. 401. Definitions. 

SEC. 402. Pen registers and trap and trace devices for foreign intellig

international terrorism investigations. 

SEC. 403. Authorization during emergencies. 

SEC. 404. Authorization during time of war. 

SEC. 405. Use of information. 

SEC. 406. Congressional oversight. 

TITLE V—ACCESS TO CERTAIN BUSINESS RECORDS 

FOR FOREIGN INTELLIGENCE PURPOSES

SEC. 501. Access to certain business records for foreign intelligence 

international terrorism investigations. 

SEC. 502. Congressional oversight. 

TITLE VI—REPORTING REQUIREMENT

SEC. 601. Semiannual report of the Attorney General. 

TITLE VII—EFFECTIVE DATE

SEC. 701. Effective date. 

TITLE I—ELECTRONIC SURVEILLANCE WITHIN 

THE UNITED STATES FOR FOREIGN INTELLIGENCE PU

DEFINITIONS

SECTION 101. [50 U.S.C. §1801] 

As used in this title: 

(a) “Foreign power” means— 

(1) a foreign government or any component, thereof, whether 

recognized by the United States; 

(2) a faction of a foreign nation or nations, not substantially c

United States persons; 

(3) an entity that is openly acknowledged by a foreign govern

governments to be directed and controlled by such foreign go

governments; 
295

(b) Agent of a foreign power means— 

(1) any person other than a United States person, who— 

(A) acts in the United States as an officer or employe

foreign power, or as a member of a foreign power as 

subsection (a)(4); 

(B) acts for or on behalf of a foreign power which eng

clandestine intelligence activities in the United States 

the interests of the United States, when the circumstan

such person’s presence in the United States indicate t

person may engage in such activities in the United St

when such person knowingly aids or abets any person 

conduct of such activities or knowingly conspires wit

person to engage in such activities; or 

(C) engages in international terrorism or activities in 

therefore; or

(2) any person who— 

(A) knowingly engages in clandestine intelligence ga

activities for or on behalf of a foreign power, which a

involve or may involve a violation of the criminal sta

United States; 

(B) pursuant to the direction of an intelligence service 

network of a foreign power, knowingly engages in an

clandestine intelligence activities for or on behalf of s

power, which activities involve or are about to involv

violation of the criminal statutes of the United 

States;

(C) knowingly engages in sabotage or international te

activities that are in preparation therefor, for or on be

foreign power; 

(D) knowingly enters the United States under a false 

fraudulent identity for or on behalf of a foreign power 

in the United States, knowingly assumes a false or fra

identity for or on behalf of a foreign power; or 

(E) knowingly aids or abets any person in the conduc

activities described in subparagraph (A), (B), or (C) o
296

United States or any State; 

(2) appear to be intended— 

(A) to intimidate or coerce a civilian population; 

(B) to influence the policy of a government by intimi

coercion; or 

(C) to affect the conduct of a government by assassin

kidnapping; and 

(3) occur totally outside the United States, or transcend nation

boundaries in terms of the means by which they are accompli

persons they appear intended to coerce or intimidate, or the lo

which their perpetrators operate or seek asylum. 

(d) “Sabotage” means activities that involve a violation of chapter 105 

United States Code, or that would involve such a violation if committ

the United States.

(e) “Foreign intelligence information” means— 

(1) information that relates to, and if concerning a United Stat

necessary to, the ability of the United States to protect against

(A) actual or potential attack or other grave hostile ac

foreign power or an agent of a foreign power; 

(B) sabotage or international terrorism by a foreign po

agent of a foreign power; or 

(C) clandestine intelligence activities by an intelligen

or network of a foreign power or by an agent of a fore

or

(2) information with respect to a foreign power or foreign terr

relates to, and if concerning a United States person is necessa

(A) the national defense or the security of the United 

(B) the conduct of the foreign affairs of the United St

(f) “Electronic surveillance” means— 

(1) the acquisition by an electronic, mechanical, or other surv

device of the contents of any wire or radio communications se

intended to be received by a particular, known United States p

is in the United States, if the contents are acquired by intentio

targeting that United States person, under circumstances in wh

person has a reasonable expectation of privacy and a warrant 

required for law enforcement purposes; 
297

(3) the intentional acquisition by an electronic, mechanical, or 

surveillance device of the contents of any radio communicatio

circumstances in which a person has a reasonable expectation 

and a warrant would be required for law enforcement purpose

both the sender and all intended recipients are located within 

States; or 

(4) the installation or use of an electronic, mechanical, or othe

surveillance device in the United States for monitoring to acq

information, other than from a wire or radio communication, u

circumstances in which a person has a reasonable expectation 

and a warrant would be required for law enforcement purpose

(g) “Attorney General” means the Attorney General of the United Sta

Acting Attorney General), the Deputy Attorney General, or, upon, the 

designation of the Attorney General, the Assistant Attorney General d

as the Assistant Attorney General for National Security under section 

title 28, United States Code. 

(h) “Minimization procedures”, with respect to electronic surveillance

(1) specific procedures, which shall be adopted by the Attorne

that are reasonably designed in light of the purpose and techn

particular surveillance, to minimize the acquisition and retent

prohibit the dissemination, of nonpublicly available informati

concerning unconsenting United States persons consistent wit

of the United States to obtain, produce, and disseminate foreig

intelligence information; 

(2) procedures that require that nonpublicly available informa

is not foreign intelligence information, as defined in subsectio

shall not be disseminated in a manner that identifies any Unit

person, without such person’s consent, unless such person’s id

necessary to understand foreign intelligence information or as

importance; 

(3) notwithstanding paragraphs (1) and (2), procedures that al

retention and dissemination of information that is evidence of 

which has been, is being, or is about to be committed and that 

retained or disseminated for law enforcement purposes; and 

(4) notwithstanding paragraphs (1), (2), and (3), with respect 

electronic surveillance approved pursuant to section 102(a), p
298

(i) United States person means a citizen of the United States, an alie

admitted for permanent residence (as defined in section 101(a)(20) of 

Immigration and Nationality Act), an unincorporated association a sub

number of members of which are citizens of the United States or alien

admitted for permanent residence, or a corporation which is incorpora

United States, but does not include a corporation or an association wh

foreign power, as defined in subsection (a) (1), (2), or (3). 

(j) “United States”, when used in a geographic sense, means all areas 

territorial sovereignty of the United States and the Trust Territory of t

Islands.

(k) “Aggrieved person” means a person who is the target of an electro

surveillance or any other person whose communications or activities w

to electronic surveillance. 

(l) “Wire communication” means any communications while it is bein

by a wire, cable, or other like connection furnished or operated by any 

engaged as a common carrier in providing or operating such facilities 

transmission of interstate or foreign communications. 

(m) “Person” means any individual, including any officer or employee 

Federal Government, or any group, entity, association, corporation, or 

power.

(n) “Contents”, when used with respect to a communication, includes 

information concerning the identity of the parties to such communicat

existence, substance, purport, or meaning of that communication. 

(o) “State” means any State of the United States, the District of Colum

Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islan

territory or possession of the 

United States. 

AUTHORIZATION FOR ELECTRONIC SURVEILLANCE 

FOR FOREIGN INTELLIGENCE PURPOSES

SEC. 102. [50 U.S.C. §1802] 

(a)(1) Notwithstanding any other law, the President, through the Attor

General, may authorize electronic surveillance without a court order u

title to acquire foreign intelligence information for periods of up to on

the Attorney General certifies in writing under oath that— 
299

the spoken communications of individuals, fr

property or premises under the open and excl

control of a foreign power, as defined in secti

(1), (2), or (3); 

(B) there is no substantial likelihood that the surveilla

acquire the contents of any communications to which 

States person is a party; and 

(C) the proposed minimization procedures with respe

surveillance meet the definition of minimization proc

under section 101(h); and if the Attorney General rep

minimization procedures and any changes thereto to t

Permanent Select Committee on 

Intelligence and the Senate Select Committee on Inte

least thirty days prior to their effective date, unless th

General determines immediate action is required and 

committees immediately of such minimization proced

the reason for their becoming effective immediately. 

(2) An electronic surveillance authorized by this subsection m

conducted only in accordance with the Attorney General’s cer

and the minimization procedures adopted by him. The Attorn

shall assess compliance with such procedures and shall report 

assessments to the House Permanent Select Committee on Int

and the Senate Select Committee on Intelligence under the pr

section 108(a). 

(3) The Attorney General shall immediately transmit under se

court established under section 103(a) a copy of his certificati

certification shall be maintained under security measures esta

the Chief Justice with the concurrence of the Attorney Genera

consultation with the Director of Central Intelligence, and sha

sealed unless— 

(A) an application for a court order with respect to the 

surveillance is made under sections 101(h)(4) and 104

(B) the certification is necessary to determine the lega

surveillance under section 106(f). 
300

interference with the services that such carrier is prov

customers; and 

(B) maintain under security procedures approved by t

General and the Director of Central Intelligence any r

concerning the surveillance or the aid furnished which 

carrier wishes to retain. The Government shall compe

the prevailing rate, such carrier 

for furnishing such aid. 

(b) Applications for a court order under this title are authorized if the 

has, by written authorization, empowered the Attorney General to app

applications to the court having jurisdiction under section 103, and a 

whom an application is made may, notwithstanding any other law, gra

in conformity with section 105, approving electronic surveillance of a 

power or an agent of a foreign power for the purpose of obtaining fore

intelligence information, except that the court shall not have jurisdicti

any order approving electronic surveillance directed solely as describe

paragraph (1)(A) of subsection 

(a) unless such surveillance may involve the acquisition of communic

any United States person. 

DESIGNATION OF JUDGES

SEC. 103. [50 U.S.C. §1803] 

(a) The Chief Justice of the United States shall publicly designate 11 d

court judges from seven of the United States judicial circuits of whom 

than 3 shall reside within 20 miles of the District of Columbia who sh

constitute a court which shall have jurisdiction to hear applications fo

orders approving electronic surveillance anywhere within the United S

the procedures set forth in this Act, except that no judge designated un

subsection shall hear the same application for electronic surveillance u

Act which has been denied previously by another judge designated un

subsection. If any judge so designated denies an application for an ord

authorizing electronic surveillance under this Act, such judge shall pro

immediately for the record a written statement of each reason for his d

and, on motion of the United States, the record shall be transmitted, un

the court of review established in subsection (b). 
301

decision and, on petition of the United States for a writ of certiorari, th

shall be transmitted under seal to the Supreme Court, which shall hav

jurisdiction to review such decision. 

(c) Proceedings under this Act shall be conducted as expeditiously as 

The record of proceedings under this Act, including applications made 

granted, shall be maintained under security measures established by th

Justice in consultation with the Attorney General and the Director of C

Intelligence.

(d) Each judge designated under this section shall so serve for a maxim

seven years and shall not be eligible for redesignation, except that the 

designated under subsection (a) shall be designated for terms of from 

seven years so that one term expires each year, and that judges first de

under subsection (b) shall be designated for terms of three, five, and s

(e)(1) Three judges designated under subsection (a) who reside within 

of the District of Columbia, or, if all of such judges are unavailable, o

of the court established under subsection (a) as may be designated by 

presiding judge of such court, shall comprise a petition review pool w

have jurisdiction to review petitions filed pursuant to section 501(f)(1

(2) Not later than 60 days after the date of the enactment of th

PATRIOT Improvement and Reauthorization Act of 2005, the 

established under subsection (a) shall adopt and, consistent w

protection of national security, publish procedures for the rev

petitions filed pursuant to section 501(f)(1) by the panel estab

under paragraph (1). Such procedures shall provide that review 

petition shall be conducted in camera and shall also provide fo

designation of an acting presiding judge.’. 

(f)(1) The courts established pursuant to subsections (a) and (b) may e

such rules and procedures, and take such actions, as are reasonably ne

administer their responsibilities under this Act. 

(2) The rules and procedures established under paragraph (1), 

modifications of such rules and procedures, shall be recorded

be transmitted to the following: 

(A) All of the judges on the court established pursuan

subsection (a). 

(B) All of the judges on the court of review establishe

to subsection (b). 
302

House of Representatives. 

(3) The transmissions required by paragraph (2) shall be subm

unclassified form, but may include a classified annex. 

APPLICATION FOR AN ORDER

SEC. 104. [50 U.S.C. §1804] 

(a) Each application for an order approving electronic surveillance un

shall be made by a Federal officer in writing upon oath or affirmation 

having jurisdiction under section 103. Each application shall require t

of the Attorney General based upon his finding that it satisfies the crit

requirements of such application as set forth in this title. It shall includ

(1) the identity of the Federal officer making the application; 

(2) the authority conferred on the Attorney General by the Pre

the United States and the approval of the Attorney General to 

application;

(3) the identity, if known, or a description of the specific targe

electronic surveillance; 

(4) a statement of the facts and circumstances relied upon by t

applicant to justify his belief that— 

(A) the target of the electronic surveillance is a foreig

an agent of a foreign power; and 

(B) each of the facilities or places at which the electro

surveillance is directed is being used, or is about to be 

foreign power or an agent of a foreign power; 

(5) a statement of the proposed minimization procedures; 

(6) a detailed description of the nature of the information soug

type of communications or activities to be subjected to the sur

(7) a certification or certifications by the Assistant to the Pres

National Security Affairs or an executive branch official or of

designated by the President from among those executive offic

employed in the area of national security or defense and appo

President with the advice and consent of the Senate— 

(A) that the certifying official deems the information 

be foreign intelligence information; 
303

101(e); and 

(E) including a statement of the basis for the certifica

(i) the information sought is the type of foreig

intelligence information designated; and 

(ii) such information cannot reasonably be ob

normal investigative techniques; 

(8) a statement of the means by which the sur

will be effected and a statement whether phys

is required to effect the surveillance; 

(9) a statement of the facts concerning all previous application

been made to any judge under this title involving any of the p

facilities, or places specified in the application, and the action 

each previous application; 

(10) a statement of the period of time for which the electronic 

surveillance is required to be maintained, and if the nature of 

intelligence gathering is such that the approval of the use of e

surveillance under this title should not automatically terminat

described type of information has first been obtained, a descri

facts supporting the belief that additional information of the s

will be obtained thereafter; and 

(11) whenever more than one electronic, mechanical or other 

surveillance device is to be used with respect to a particular p

electronic surveillance, the coverage of the devices involved a

minimization procedures apply to information acquired by ea

(b) Whenever the target of the electronic surveillance is a foreign pow

defined in section 101(a) (1), (2), or (3), and each of the facilities or p

which the surveillance is directed is owned, leased, or exclusively use

foreign power, the application need not contain the information requir

paragraphs (6), (7)(E), (8), and (11) of subsection (a), but shall state w

physical entry is required to effect the surveillance and shall contain s

information about the surveillance techniques and communications or 

information concerning United States persons likely to be obtained as 

necessary to assess the proposed minimization procedures. 

(c) The Attorney General may require any other affidavit or certificati

any other officer in connection with the application. 
304

section 101(b)(2). 

(B) Except when disabled or otherwise unavailable to 

request referred to in subparagraph (A), an official re

that subparagraph may not delegate the authority to m

request referred to in that subparagraph. 

(C) Each official referred to in subparagraph (A) with 

to make a request under that subparagraph shall take 

actions in advance to ensure that delegation of such a

clearly established in the event such official is disable

otherwise unavailable to make such request. 

(2)(A) If as a result of a request under paragraph (1) the Attor

General determines not to approve an application under the se

sentence of subsection (a) for purposes of making the applicat

this section, the Attorney General shall provide written notice 

determination to the official making the request for the review 

application under that paragraph. Except when disabled or oth

unavailable to make a determination under the preceding sent

Attorney General may not delegate the responsibility to make 

determination under that sentence. The Attorney General shal

appropriate actions in advance to ensure that delegation of suc

responsibility is clearly established in the event the Attorney G

disabled or otherwise unavailable to make such determination

(B) Notice with respect to an application under subpa

shall set forth the modifications, if any, of the applica

are necessary in order for the Attorney General to app

application under the second sentence of subsection (

purposes of making the application under this section

(C) Upon review of any modifications of an applicati

under subparagraph (B), the official notified of the m

under this paragraph shall modify the application if su

determines that such modification is warranted. Such 

shall supervise the making of any modification under 

subparagraph. Except when disabled or otherwise una

supervise the making of any modification under the p

sentence, such official may not delegate the responsib

supervise the making of any modification under that p
305

SEC. 105. [50 U.S.C. §1805] 

(a) Upon an application made pursuant to section 104, the judge shall 

parte order as requested or as modified approving the electronic surve

finds that— 

(1) the President has authorized the Attorney General to appro

applications for electronic surveillance for foreign intelligenc

information; 

(2) the application has been made by a Federal officer and app

the Attorney General; 

(3) on the basis of the facts submitted by the applicant there is 

cause to believe that— 

(A) the target of the electronic surveillance is a foreig

an agent of a foreign power: Provided, That no United 

person may be considered a foreign power or an agen

foreign power solely upon the basis of activities prote

first amendment to the Constitution of the United Sta

(B) each of the facilities or places at which the electro

surveillance is directed is being used, or is about to be 

foreign power or an agent of a foreign power; 

(4) the proposed minimization procedures meet the definition 

minimization procedures under section 101(h); and 

(5) the application which has been filed contains all statement

certifications required by section 104 and, if the target is a Un

person, the certification or certifications are not clearly errone

basis of the statement made under section 104(a)(7)(E) and an

information furnished under section 104(d). 

(b) In determining whether or not probable cause exists for purposes o

under subsection (a)(3), a judge may consider past activities of the tar

as facts and circumstances relating to current or future activities of the 

(c) Specifications and directions of orders 

(1) Specifications. An order approving an electronic surveilla

this section shall specify— 

(A) the identity, if known, or a description of the spec

of the electronic surveillance identified or described i

application pursuant to section 104(a)(3) of this Act; 
306

surveillance;

(E) the period of time during which the electronic sur

approved; and 

(F) whenever more than one electronic, mechanical, o

surveillance device is to be used under the order, the 

coverage of the devices involved and what minimizat

procedures shall apply to information subject to acqu

each device. 

(2) Directions. An order approving an electronic surveillance 

section shall direct— 

(A) that the minimization procedures be followed; 

(B) that, upon the request of the applicant, a specified 

communication or other common carrier, landlord, cu

other specified person, or in circumstances where the 

finds, based upon specific facts provided in the applic

the actions of the target of the application may have t

thwarting the identification of a specified person, suc

persons, furnish the applicant forthwith all informatio

or technical assistance necessary to accomplish the el

surveillance in such a manner as will protect its secre

produce a minimum of interference with the services 

carrier, landlord, custodian, or other person is providi

target of electronic surveillance; 

(C) that such carrier, landlord, custodian, or other per

maintain under security procedures approved by the A

General and the Director of National Intelligence any 

concerning the surveillance or the aid furnished that s

wishes to retain; and 

(D) that the applicant compensate, at the prevailing ra

carrier, landlord, custodian, or other person for furnis

aid.

(3) Special directions for certain orders. An order approving 

electronic surveillance under this section in circumstances wh

nature and location of each of the facilities or places at which 

surveillance will be directed is unknown shall direct the appli

provide notice to the court within ten days after the date on w
307

which the electronic surveillance is directed is or was 

used, or is about to be used, by the target of the surve

(C) a statement of any proposed minimization proced

differ from those contained in the original application 

that may be necessitated by a change in the facility or 

which the electronic surveillance is directed; and 

(D) the total number of electronic surveillances that h

are being conducted under the authority of the order. 

 (d) Whenever the target of the electronic surveillance is a foreign pow

defined in section 101(a) (1), (2), or (3), and each of the facilities or p

which the surveillance is directed is owned, leased, or exclusively use

foreign power, the order used need not contain the information require

subparagraphs (C), (D), and (F) of subsection (c)(1), but shall general

the information sought, the communications or activities to be subject

surveillance, and the type of electronic surveillance involved, includin

physical entry is required. 

 (e)(1) An order issued under this section may approve an electronic s

for the period necessary to achieve its purpose, or for ninety days, wh

less, except that (A) 1 an order under this section shall approve an ele

surveillance targeted against a foreign power, as defined in section 10

(2), or (3), for the period specified in the application or for one year, w

less, and (B) an order under this Act for a surveillance targeted agains

of a foreign power, who is not a United States person may be for the p

specified in the application or for 120 days, whichever is less. 

(2) Extensions of an order issued under this title may be grant

same basis as an original order upon an application for an ext

new findings made in the same manner as required for an orig

except that

(A) 2 an extension of an order under this Act for a sur

targeted against a foreign power, a defined in section 

or (6), or against a foreign power as defined in section 

that is not a United States person, may be for a period 

exceed one year if the judge finds probable cause to b

no communication of any individual United States pe

acquired during the period, and 
308

circumstances under which information concerning United St

persons was acquired, retained, or disseminated. 

(f) Notwithstanding any other provision of this Act, when the Attorne

reasonably determines that— 

(1) an emergency situation exists with respect to the employm

electronic surveillance to obtain foreign intelligence informat

an order authorizing such surveillance can with due diligence 

obtained; and 

(2) the factual basis for issuance of an order under this title to 

such surveillance exists; he may authorize the emergency emp

electronic surveillance if a judge having jurisdiction under sec

informed by the Attorney General or his designee at the time 

authorization that the decision has been made to employ emer

electronic surveillance and if an application in accordance wit

is made to that judge as soon as practicable, but not more than 

after the Attorney General authorizes such surveillance. If the 

General authorizes such emergency employment of electronic 

surveillance, he shall require that the minimization procedure

by this title for the issuance of a judicial order be followed. In 

absence of a judicial order approving such electronic surveilla

surveillance shall terminate when the information sought is ob

when the application for the order is denied, or after the expir

hours from the time of authorization by the Attorney General, 

is earliest. In the event that such application for approval is de

any other case where the electronic surveillance is terminated 

order is issued approving the surveillance, no information obt

evidence derived from such surveillance shall be received in e

otherwise disclosed in any trail, hearing, or other proceeding 

any court, grand jury, department, office, agency, regulatory b

legislative committee, or other authority of the United States, 

political subdivision thereof, and no information concerning a

States person acquired from such surveillance shall subsequen

or disclosed in any other manner by Federal officers or emplo

without the consent of such person, except with the approval 

Attorney General if the information indicates a threat of death 
309

General, solely to— 

(1) test the capability of electronic equipment, if— 

(A) it is not reasonable to obtain the consent of the pe

incidentally subjected to the surveillance; 

(B) the test is limited in extent and duration to that ne

determine to capability of the equipment; 

(C) the contents of any communication acquired are r

used only for the purpose of determining the capabilit

equipment, are disclosed only to test personnel, and a

destroyed before or immediately upon completion of 

and

(D) Provided, That the test may exceed ninety days o

prior approval of the Attorney General; 

(2) determine the existence and capability of electronic survei

equipment being used by persons not authorized to conduct el

surveillance, if— 

(A) it is not reasonable to obtain the consent of person

incidentally subjected to the surveillance; 

(B) such electronic surveillance is limited in extent an

to that necessary to determine the existence and capab

such equipment; and 

(C) any information acquired by such surveillance is 

enforce chapter 119 of title 18, United States Code, o

705 of the Communications Act of 1934, or to protec

information from unauthorized surveillance; or 

(3) train intelligence personnel in the use of electronic surveil

equipment, if— 

(A) it is not reasonable to— 

(i) obtain the consent of the persons incidenta

subjected to the surveillance; 

(ii) train persons in the course of surveillance

authorized by this title; or 

(iii) train persons in the use of such equipmen

engaging in electronic surveillance; 
310

(h) Certifications made by the Attorney General pursuant to section 1

applications made and orders granted under this title shall be retained 

of at least ten years from the date of the certification or application. 

(i) 1 No cause of action shall lie in any court against any provider of a 

electronic communication service, landlord, custodian, or other person 

any officer, employee, agent, or other specified person thereof) that fu

information, facilities, or technical assistance in accordance with a cou

request for emergency assistance under this Act for electronic surveill

physical search. 

USE OF INFORMATION

SEC. 106. [50 U.S.C. §1806] 

(a) Information acquired from an electronic surveillance conducted pu

this title concerning any United States person may be used and disclos

Federal officers and employees without the consent of the United Stat

only in accordance with the minimization procedures required by this 

otherwise privileged communication obtained in accordance with, or i

of, the provisions of this Act shall lose its privileged character. No inf

acquired from an electronic surveillance pursuant to this title may be u

disclosed by Federal officers or employees except for lawful purposes

(b) No information acquired pursuant to this title shall be disclosed fo

enforcement purposes unless such disclosure is accompanied by a stat

such information, or any information derived therefrom, may only be 

criminal proceeding with the advance authorization of the Attorney G

(c) Whenever the Government intends to enter into evidence or otherw

disclose in any trail, hearing, or other proceeding in or before any cou

department, officer, agency, regulatory body, or other authority of the 

States, against an aggrieved person, any information obtained or deriv

electronic surveillance of that aggrieved person pursuant to the author

Act, the Government shall, prior to the trail, hearing, or other proceed

reasonable time prior to an effort to so disclose or so use that informat

submit it in evidence, notify the aggrieved person and the court or oth

authority in which the information is to be disclosed or used that the G

intends to so disclose or so use such information. 
311

subdivision thereof shall notify the aggrieved person, the court or othe

in which the information is to be disclosed or used, and the Attorney G

the State or political subdivision thereof intends to so disclose or so u

information. 

(e) Any person against whom evidence obtained or derived from an el

surveillance to which he is an aggrieved person is to be, or has been, i

or otherwise used or disclosed in any trail, hearing, or other proceedin

before any court, department, officer, agency, regulatory body, or othe

of the United States, a State, or a political subdivision thereof, may m

suppress the evidence obtained or derived from such electronic survei

the grounds that— 

(1) the information was unlawfully acquired; or 

(2) the surveillance was not made in conformity with an order 

authorization or approval. Such a motion shall be made befor

hearing, or other proceeding unless there was no opportunity 

such a motion or the person was not aware of the grounds of t

(f) Whenever a court or other authority is notified pursuant to subsect

(d), or whenever a motion is made pursuant to subsection (e), or when

motion or request is made by an aggrieved person pursuant to any oth

rule of the United States or any State before any court or other authori

United States or any State to discover or obtain applications or orders 

materials relating to electronic surveillance or to discover, obtain, or s

evidence or information obtained or derived from electronic surveillan

this Act, the United States district court or, where the motion is made 

another authority, the United States district court in the same district a

authority, shall, notwithstanding any other law, if the Attorney Genera

affidavit under oath that disclosure or an adversary hearing would har

national security of the United States, review in camera and ex parte t

application, order, and such other materials relating to the surveillance 

necessary to determine whether the surveillance of the aggrieved pers

lawfully authorized and conducted. In making this determination, the 

disclose to the aggrieved person, under appropriate security procedure

protective orders, portions of the application, order, or other materials 

the surveillance only where such disclosure is necessary to make an a

determination of the legality of the surveillance. 
312

of the aggrieved person except to the extent that due process requires 

or disclosure. 

(h) Orders granting motions or requests under subsection (g), decision

section that electronic surveillance was not lawfully authorized or con

orders of the United States district court requiring review or granting 

of applications, orders, or other materials relating to a surveillance sha

orders and binding upon all courts of the United States and the severa

except a United States court of appeals and the Supreme Court. 

(i) In circumstances involving the unintentional acquisition by an elec

mechanical, or other surveillance device of the contents of any radio 

communication, under circumstances in which a person has a reasona

expectation of privacy and a warrant would be required for law enforc

purposes, and if both the sender and all intended recipients are located 

United States, such contents shall be destroyed upon recognition, unle

Attorney General determines that the contents indicates a threat of dea

serious bodily harm to any person. 

(j) If an emergency employment of electronic surveillance is authorize

section 105(e) and a subsequent order approving the surveillance is no

the judge shall cause to be served on any United States person named 

application and on such other United States persons subject to electron

surveillance as the judge may determine in his discretion it is in the in

justice to serve, notice of— 

(1) the fact of the application; 

(2) the period of the surveillance; and 

(3) the fact that during the period information was or was not 

On an ex parte showing of good cause to the judge the serving 

notice required by this subsection may be postponed or suspen

period not to exceed ninety days. Thereafter, on a further ex p

showing of good cause, the court shall forego ordering the ser

notice required under this subsection. 

(k)(1) Federal officers who conduct electronic surveillance to acquire 

intelligence information under this title may consult with Federal law 

enforcement officers or law enforcement personnel of a State or politi

subdivision of a State (including the chief executive officer of that Sta

political subdivision who has the authority to appoint or direct the chi
313

(C) clandestine intelligence activities by an intelligen

or network of a foreign power or by an agent of a fore

(2) Coordination authorized under paragraph (1) shall not pre

certification required by section 104(a)(7)(B) or the entry of a

under section 105. 

REPORT OF ELECTRONIC SURVEILLANCE

SEC. 107. [50 U.S.C. §1807] 

In April of each year, the Attorney General shall transmit to the Admi

Office of the United States Court and to Congress a report setting fort

respect to the preceding calendar year— 

(a) the total number of applications made for orders and extensions of 

approving electronic surveillance under this title; and 

(b) the total number of such orders and extensions either granted, mod

denied.

CONGRESSIONAL OVERSIGHT

SEC. 108. [50 U.S.C. §1808] 

(a)(1) On a semiannual basis the Attorney General shall fully inform t

Permanent Select Committee on Intelligence and the Senate Select Co

on Intelligence and the Committee on the Judiciary of the Senate con

electronic surveillance under this title. Nothing in this title shall be de

limit the authority and responsibility of the appropriate committees of 

House of Congress to obtain such information as they may need to car

respective functions and duties. 

(2) Each report under the first sentence of paragraph (1) shall 

description of— 

(A) the total number of applications made for orders a

extensions of orders approving electronic surveillance 

title where the nature and location of each facility or p

which the electronic surveillance will be directed is u

(B) each criminal case in which information acquired 

Act has been authorized for use at trial during the per

by such report; and 
314

Intelligence and the Senate Select 

Committee on Intelligence shall report respectively to the House of 

Representatives and the Senate, concerning the implementation of this 

reports shall include but not be limited to an analysis and recommend

concerning whether this Act should be (1) amended, (2) repealed, or (

permitted to continue in effect without amendment. 

PENALTIES

SEC. 109. [50 U.S.C. §1809] 

(a) OFFENSE.—A person is guilty of an offense if he intentionally— 

(1) engages in electronic surveillance under color of law exce

authorized by statute; or 

(2) disclose or uses information obtained under color of law b

surveillance, knowing or having reason to known that the info

was obtained through electronic surveillance not authorized b

(b) DEFENSE.—It is a defense to a prosecution under subsection (a) th

defendant was a law enforcement or investigative officer engaged in t

of his official duties and the electronic surveillance was authorized by 

conducted pursuant to a search warrant or court order of a court of com

jurisdiction.

(c) PENALTY.—An offense in this section is punishable by a fine of no

than $10,000 or imprisonment for not more than five years, or both. 

(d) JURISDICTION.—There is Federal jurisdiction over an offense unde

section if the person committing the offense was an officer or employ

United States at the time the offense was committed. 

CIVIL LIABILITY

SEC. 110. [50 U.S.C. §1810] 

CIVIL ACTION.—An aggrieved person, other than a foreign power or a

a foreign power, as defined in section 101 (a) or (b)(1)(A), respectivel

been subjected to an electronic surveillance or about whom informatio

by electronic surveillance of such person has been disclosed or used in 

of section 109 shall have a cause of action against any person who com

such violation and shall be entitled to recover— 
315

AUTHORIZATION DURING TIME OF WAR

SEC. 111. [50 U.S.C. §1811] Notwithstanding any other law, the Presi

through the Attorney General, may authorize electronic surveillance w

court order under this title to acquire foreign intelligence information 

not to exceed fifteen calendar days following a declaration of war by t

Congress.

TITLE II—CONFORMING AMENDMENTS 

AMENDMENTS TO CHAPTER 119 OF TITLE 18, UNITED STATES 

SEC. 201. 

Chapter 119 of title 18, United States Code, is amended as follows: 

(a) Section 2511(2)(a)(ii) is amended to read as follows: 

“(ii) Notwithstanding any other law, commun

common carriers, their officers, employees, a

landlords, custodians, or other persons, are au

provide information, facilities, or technical as

persons authorized by law to intercept wire o

communications or to conduct electronic surv

defined in section 101 of the Foreign Intellige

Surveillance Act of 1978, if the common carr

officers, employees, or agent, landlord, custo

other specified person, has been provided wit

“(A) a court order directing such assistance signed by 

authorizing judge, or 

“(B) a certification in writing by a person specified in 

2518(7) of title or the Attorney General of the United 

no warrant or court order is required by law, that all s

requirements have been met, and that the specified as

required, setting forth the period of time during which 

provision of the information, facilities, or technical as

authorized and specifying the information, facilities, o

assistance required. No communications common car
316

only after prior notification of the Attorney General o

principal prosecuting attorney of a State or any politic

subdivision of a State, as may be appropriate. Any vio

this subparagraph by a communication common carri

officer, employee, or agent thereof, shall render the c

for the civil damages provided for in section 2520. No 

action shall lie in any court against any communicatio

carrier, its officers, employees, or agents, landlord, cu

other specified person for providing information, faci

assistance in accordance with the terms of an order or 

certification under this subparagraph.”. 

(b) Section 2511(2) is amended by adding at the end thereof the follow

provisions:

“(e) Notwithstanding any other provision of this Act or section 605 or 

Communications Act of 1934, it shall not be unlawful for an officer, e

or agent of the United States in the normal course of his official duty t

electronic surveillance, as defined in section 101 of the Foreign Intelli

Surveillance Act of 1978, as authorized by that Act. 

“(f) Nothing contained in this chapter, or section 605 of the Communi

of 1934, shall be deemed to affect the acquisition by the United States 

Government of foreign intelligence information from international or 

communications by a means other than electronic surveillance as defin

section 101 of the Foreign Intelligence Surveillance Act of 1978, and 

in this chapter and the Foreign Intelligence Surveillance Act of 1978 s

exclusive means by which electronic surveillance, as defined in sectio

such Act, and the interception of domestic wire and oral communicati

conducted.”.

(c) Section 2511(3) is repealed. 

(d) Section 2518(1) is amended by inserting “under this chapter” after 

“communication”. 

(e) Section 2518(4) is amended by inserting “under this chapter” after 

appearances of “wire or oral communication”. 

(f) Section 2518(9) is amended by striking out “intercepted” and inser

“intercepted pursuant to this chapter” after “communication”. 
317

TITLE III—PHYSICAL SEARCHES WITHIN 

THE UNITED STATES FOR FOREIGN INTELLIGENCE PU

DEFINITIONS

SEC. 301. [50 U.S.C. §1821] 

As used in this title: 

(1) The terms “foreign power”, “agent of a foreign power”, “i

terrorism”, “sabotage”, “foreign intelligence information”, “A

General”, “United States person”, 

“United States”, “person”, and “State” shall have the same me

in section 101 of this Act, except as specifically provided by t

(2) “Aggrieved person” means a person whose premises, prop

information, or material is the target of physical search or any 

person whose premises, property, information, or material wa

physical search. 

(3) “Foreign Intelligence Surveillance Court” means the court 

by section 103(a) of this Act. 

(4) “Minimization procedures” with respect to physical search

(A) specific procedures, which shall be adopted by th

General, that are reasonably designed in light of the p

and technique of the particular physical search, to min

acquisition and retention, and prohibit the disseminat

nonpublicly available information concerning uncons

United States persons consistent with the need of the 

States to obtain, produce, and disseminate foreign int

information; 

(B) procedures that require that nonpublicly available 

information, which is not foreign intelligence informa

defined in section 101(e)(1) of this Act, shall not be 

disseminated in a manner that identifies any United S

person, without such person’s consent, unless such pe

identity is necessary to understand such foreign intell

information or assess its importance; 

(C) notwithstanding subparagraphs (A) and (B), proc

allow for the retention and dissemination of informati
318

property of a United States person shall be disclosed, 

disseminated, or used for any purpose or retained for 

72 hours unless a court order under section 304 is obt

unless the Attorney General determines that the inform

indicates a threat of death or serious bodily harm to a

(5) “Physical search” means any physical intrusion within the 

States into premises or property (including examination of the 

property by technical means) that is intended to result in a sei

reproduction, inspection, or alteration of information, materia

property, under circumstances in which a person has a reason

expectation of privacy and a warrant would be required for la

enforcement purposes, but does not include (A) “electronic su

as defined in section 101(f) of this Act, or (B) the acquisition 

United States Government of foreign intelligence information 

international or foreign communications, or foreign intelligen

conducted in accordance with otherwise applicable Federal la

a foreign electronic communications system, utilizing a mean

electronic surveillance as defined in section 101(f) of this Act

AUTHORIZATION OF PHYSICAL SEARCHES FOR 

FOREIGN INTELLIGENCE PURPOSES

SEC. 302. [50 U.S.C. §1822] 

(a)(1) Notwithstanding any other provision of law, the President, actin

the Attorney General, may authorize physical searches without a cour

under this title to acquire foreign intelligence information for periods 

year if— 

(A) the Attorney General certifies in writing under oa

(i) the physical search is solely directed at pre

information, material, or property used exclu

or under the open and exclusive control of, a 

power or powers (as defined in section 101(a

(3));

(ii) there is no substantial likelihood that the p

search will involve the premises, information

or property of a United States person; and 
319

Intelligence of the House of Representatives and the S

Committee on Intelligence of the Senate at least 30 da

their effective date, unless the Attorney General deter

immediate action is required and notifies the committ

immediately of such minimization procedures and the 

their becoming effective immediately. 

(2) A physical search authorized by this subsection may be co

only in accordance with the certification and minimization pro

adopted by the Attorney General. The Attorney General shall 

compliance with such procedures and shall report such assess

the Permanent Select Committee on Intelligence of the House 

Representatives and the Select Committee on Intelligence of t

under the provisions of section 306. 

(3) The Attorney General shall immediately transmit under se

Foreign Intelligence Surveillance Court a copy of the certifica

certification shall be maintained under security measures esta

the Chief Justice of the United States with the concurrence of 

Attorney General, in consultation with the Director of Central 

Intelligence, and shall remain sealed unless— 

(A) an application for a court order with respect to the 

search is made under section 301(4) and section 303; 

(B) the certification is necessary to determine the lega

physical search under section 305(g). 

(4)(A) With respect to physical searches authorized by this su

the Attorney General may direct a specified landlord, custodia

specified person to— 

(i) furnish all information, facilities, or assista

necessary to accomplish the physical search i

manner as will protect its secrecy and produc

minimum of interference with the services th

landlord, custodian, or other person is provid

target of the physical search; and 

(ii) maintain under security procedures appro

Attorney General and the Director of Central 

Intelligence any records concerning the searc

furnished that such person wishes to retain. 
320

grant an order in accordance with section 304 approving a physical se

United States of the premises, property, information, or material of a f

power or an agent of a foreign power for the purpose of collecting for

intelligence information. 

(c) The Foreign Intelligence Surveillance Court shall have jurisdiction 

applications for and grant orders approving a physical search for the p

obtaining foreign intelligence information anywhere within the United 

under the procedures set forth in this title, except that no judge shall h

same application which has been denied previously by another judge d

under section 103(a) of this Act. If any judge so designated denies an 

for an order authorizing a physical search under this title, such judge s

provide immediately for the record a written statement of each reason 

decision and, on motion of the United States, the record shall be trans

under seal, to the court of review established under section 103(b). 

(d) The court of review established under section 103(b) shall have ju

review the denial of any application made under this title. If such cour

determines that the application was properly denied, the court shall im

provide for the record a written statement of each reason for its decisi

petition of the United States for a writ of certiorari, the record shall be 

transmitted under seal to the Supreme Court, which shall have jurisdic

review such decision. 

(e) Judicial proceedings under this title shall be concluded as expediti

possible. The record of proceedings under this title, including applicat

and orders granted, shall be maintained under security measures estab

the Chief Justice of the United States in consultation with the Attorney 

and the Director of Central Intelligence. 

APPLICATION FOR AN ORDER

SEC. 303. [50 U.S.C. §1823] 

(a) Each application for an order approving a physical search under th

be made by a 

Federal officer in writing upon oath or affirmation to a judge of the Fo

Intelligence Surveillance Court. Each application shall require the app

Attorney General based upon the Attorney General’s finding that it sa
321

a detailed description of the premises or property to be search

the information, material, or property to be seized, reproduced

altered;

(4) a statement of the facts and circumstances relied upon by t

applicant to justify the applicant’s belief that— 

(A) the target of the physical search is a foreign powe

agent of a foreign power; 

(B) the premises or property to be searched contains f

intelligence information; and 

(C) the premises or property to be searched is owned, 

possessed by, or is in transit to or from a foreign pow

agent of a foreign power; 

(5) a statement of the proposed minimization procedures; 

(6) a statement of the nature of the foreign intelligence sought 

manner in which the physical search is to be conducted; 

(7) a certification or certifications by the Assistant to the Pres

National Security Affairs or an executive branch official or of

designated by the President from among those executive bran

employed in the area of national security or defense and appo

President, by and with the advice and consent of the Senate— 

(A) that the certifying official deems the information 

be foreign intelligence information; 

(B) that a significant purpose of the search is to obtain 

intelligence information; 

(C) that such information cannot reasonably be obtain

normal investigative techniques; 

(D) that designates the type of foreign intelligence inf

being sought according to the categories described in 

101(e); and 

(E) includes a statement explaining the basis for the 

certifications required by subparagraphs (C) and (D); 

(8) where the physical search involves a search of the residen

United States person, the Attorney General shall state what in

techniques have previously been utilized to obtain the foreign 

intelligence information concerned and the degree to which th

techniques resulted in acquiring such information; and 
322

(c) The judge may require the applicant to furnish such other informat

be necessary to make the determinations required by section 304. 

(d)(1)(A) Upon written request of the Director of the Federal Bureau o

Investigation, the Secretary of Defense, the Secretary of State, or the D

Central Intelligence, the Attorney General shall personally review und

subsection (a) an application under that subsection for a target describ

section 101(b)(2). 

(B) Except when disabled or otherwise unavailable to 

request referred to in subparagraph (A), an official re

that subparagraph may not delegate the authority to m

request referred to in that subparagraph. 

(C) Each official referred to in subparagraph (A) with 

to make a request under that subparagraph shall take 

actions in advance to ensure that delegation of such a

clearly established in the event such official is disable

otherwise unavailable to make such request. 

(2)(A) If as a result of a request under paragraph (1) the Attor

General determines not to approve an application under the se

sentence of subsection (a) for purposes of making the applicat

this section, the Attorney General shall provide written notice 

determination to the official making the request for the review 

application under that paragraph. Except when disabled or oth

unavailable to make a determination under the preceding sent

Attorney General may not delegate the responsibility to make 

determination under that sentence. The Attorney General shal

appropriate actions in advance to ensure that delegation of suc

responsibility is clearly established in the event the Attorney G

disabled or otherwise unavailable to make such determination

(B) Notice with respect to an application under subpa

shall set forth the modifications, if any, of the applica

are necessary in order for the Attorney General to app

application under the second sentence of subsection (

purposes of making the application under this section

(C) Upon review of any modifications of an applicati

under subparagraph (B), the official notified of the m

under this paragraph shall modify the application if su
323

sentence. Each such official shall take appropriate act

advance to ensure that delegation of such responsibili

established in the event such official is disabled or oth

unavailable to supervise the making of such modifica

ISSUANCE OF AN ORDER

SEC. 304. [50 U.S.C. §§1824] 

(a) Upon an application made pursuant to section 303, the judge shall 

parte order as requested or as modified approving the physical search 

finds that— 

(1) the President has authorized the Attorney General to appro

applications for physical searches for foreign intelligence purp

(2) the application has been made by a Federal officer and app

the Attorney General; 

(3) on the basis of the facts submitted by the applicant there is 

cause to believe that— 

(A) the target of the physical search is a foreign powe

agent of a foreign power, except that no United States 

may be considered an agent of a foreign power solely 

basis of activities protected by the first amendment to 

Constitution of the United States; and 

(B) the premises or property to be searched is owned, 

possessed by, or is in transit to or from an agent of a f

power or a foreign power; 

(4) the proposed minimization procedures meet the definition 

minimization contained in this title; and 

(5) the application which has been filed contains all statement

certifications required by section 303, and, if the target is a Un

person, the certification or certifications are not clearly errone

basis of the statement made under section 303(a)(7)(E) and an

information furnished under section 303(c). 

(b) In determining whether or not probable cause exists for purposes o

under subsection (a)(3), a judge may consider past activities of the tar

as facts and circumstances relating to current or future activities of the 

(c) An order approving a physical search under this section shall— 
324

altered, or reproduced; 

(D) a statement of the manner in which the physical s

be conducted and, whenever more than one physical s

authorized under the order, the authorized scope of ea

and what minimization procedures shall apply to the i

acquired by each search; and 

(E) the period of time during which physical searches 

approved; and 

(2) direct— 

(A) that the minimization procedures be followed; 

(B) that, upon the request of the applicant, a specified 

custodian, or other specified person furnish the applic

forthwith all information, facilities, or assistance nece

accomplish the physical search in such a manner as w

its secrecy and produce a minimum of interference w

services that such landlord, custodian, or other person 

providing the target of the physical search; 

(C) that such landlord, custodian, or other person mai

security procedures approved by the Attorney Genera

Director of Central Intelligence any records concernin

search or the aid furnished that such person wishes to 

(D) that the applicant compensate, at the prevailing ra

landlord, custodian, or other person for furnishing suc

(E) that the Federal officer conducting the physical se

promptly report to the court the circumstances and re

physical search. 

(d)(1) An order issued under this section may approve a physical sear

period necessary to achieve its purpose, or for 90 days, whichever is l

that

(A) an order under this section shall approve a physic

targeted against a foreign power, as defined in paragr

or (3) of section 101(a), for the period specified in the 

application or for one year, whichever is less, and 

(B) an order under this section for a physical search ta

against an agent of a foreign power who is not a Unit
325

targeted against a foreign power, as defined in section 101(a) 

or against a foreign power, as defined in section 101(a)(4), th

United States person, or against an agent of a foreign power w

United States person, may be for a period not to exceed one y

judge finds probable cause to believe that no property of any 

United States person will be acquired during the period. 

(3) At or before the end of the period of time for which a phy

is approved by an order or an extension, or at any time after a 

search is carried out, the judge may assess compliance with th

minimization procedures by reviewing the circumstances und

information concerning United States persons was acquired, r

disseminated. 

(e)(1)(A) Notwithstanding any other provision of this Act, whenever t

Attorney General reasonably makes the determination specified in sub

(B), the Attorney General may authorize the execution of an emergen

search if— 

(i) a judge having jurisdiction under section 1

informed by the Attorney General or the Atto

General’s designee at the time of such author

the decision has been made to execute an eme

search, and 

(ii) an application in accordance with this titl

that judge as soon as practicable but not more 

hours after the Attorney General authorizes su

(B) The determination referred to in subparagraph (A

determination that— 

(i) an emergency situation exists with respect 

execution of a physical search to obtain forei

intelligence information before an order auth

search can with due diligence be obtained, an

(ii) the factual basis for issuance of an order u

title to approve such a search exists. 

(2) If the Attorney General authorizes an emergency search un

paragraph (1), the Attorney General shall require that the min

procedures required by this title for the issuance of a judicial 

followed.
326

(4) In the event that such application for approval is denied, o

other case where the physical search is terminated and no ord

approving the search, no information obtained or evidence de

such search shall be received in evidence or otherwise disclos

trial, hearing, or other proceeding in or before any court, gran

department, office, agency, regulatory body, legislative comm

other authority of the United States, a State, or political subdi

thereof, and no information concerning any United States per

acquired from such search shall subsequently be used or discl

other manner by Federal officers or employees without the co

such person, except with the approval of the Attorney Genera

information indicates a threat of death or serious bodily harm 

person. A denial of the application made under this subsection 

reviewed as provided in section 302. 

(f) Applications made and orders granted under this title shall be retai

period of at least 10 years from the date of the application. 

USE OF INFORMATION

SEC. 305. [50 U.S.C. §1825] 

(a) Information acquired from a physical search conducted pursuant to 

concerning any United States person may be used and disclosed by Fe

officers and employees without the consent of the United States perso

accordance with the minimization procedures required by this title. No 

information acquired from a physical search pursuant to this title may 

disclosed by Federal officers or employees except for lawful purposes

(b) Where a physical search authorized and conducted pursuant to sec

involves the residence of a United States person, and, at any time afte

the Attorney General determines there is no national security interest 

continuing to maintain the secrecy of the search, the Attorney Genera

provide notice to the United States person whose residence was search

fact of the search conducted pursuant to this Act and shall identify any 

of such person seized, altered, or reproduced during such search. 

(c) No information acquired pursuant to this title shall be disclosed fo

enforcement purposes unless such disclosure is accompanied by a stat
327

physical search pursuant to the authority of this Act, the United States 

to the trial, hearing, or the other proceeding or at a reasonable time pr

effort to so disclose or so use that information or submit it in evidence

aggrieved person and the court or other authority in which the informa

be disclosed or used that the United States intends to so disclose or so 

information. 

(e) Whenever any State or political subdivision thereof intends to ente

evidence or otherwise use or disclose in any trial, hearing, or other pro

or before any court, department, officer, agency, regulatory body, or o

authority of a State or a political subdivision thereof against an aggrie

any information obtained or derived from a physical search pursuant t

authority of this Act, the State or political subdivision thereof shall no

aggrieved person, the court or other authority in which the information 

disclosed or used, and the Attorney General that the State or political 

thereof intends to so disclose or so use such information. 

(f)(1) Any person against whom evidence obtained or derived from a 

search to which he is an aggrieved person is to be, or has been, introdu

otherwise used or disclosed in any trial, hearing, or other proceeding i

any court, department, officer, agency, regulatory body, or other autho

United States, a State, or a political subdivision thereof, may move to 

the evidence obtained or derived from such search on the grounds that

(A) the information was unlawfully acquired; or 

(B) the physical search was not made in conformity w

order of authorization or approval. 

(2) Such a motion shall be made before the trial, hearing, or o

proceeding unless there was no opportunity to make such a m

person was not aware of the grounds of the motion. 

(g) Whenever a court or other authority is notified pursuant to subsect

(e), or whenever a motion is made pursuant to subsection (f), or when

motion or request is made by an aggrieved person pursuant to any oth

rule of the United States or any State before any court or other authori

United States or any State to discover or obtain applications or orders 

materials relating to a physical search authorized by this title or to dis

obtain, or suppress evidence or information obtained or derived from 

search authorized by this title, the United States district court or, wher

motion is made before another authority, the United States district cou
328

determination, the court may disclose to the aggrieved person, under a

security procedures and protective orders, portions of the application, 

other materials relating to the physical search, or may require the Atto

General to provide to the aggrieved person a summary of such materia

where such disclosure is necessary to make an accurate determination 

legality of the physical search. 

(h) If the United States district court pursuant to subsection (g) determ

the physical search was not lawfully authorized or conducted, it shall, 

accordance with the requirements of law, suppress the evidence which 

unlawfully obtained or derived from the physical search of the aggriev

or otherwise grant the motion of the aggrieved person. If the court det

that the physical search was lawfully authorized or conducted, it shall 

motion of the aggrieved person except to the extent that due process r

discovery or disclosure. 

(i) Orders granting motions or requests under subsection (h), decision

section that a physical search was not lawfully authorized or conducte

orders of the United States district court requiring review or granting 

of applications, orders, or other materials relating to the physical searc

final orders and binding upon all courts of the United States and the se

States except a United States Court of Appeals or the Supreme Court. 

(j)(1) If an emergency execution of a physical search is authorized un

304(d) and a subsequent order approving the search is not obtained, th

shall cause to be served on any United States person named in the app

on such other United States persons subject to the search as the judge 

determine in his discretion it is in the interests of justice to serve, noti

(A) the fact of the application; 

(B) the period of the search; and 

(C) the fact that during the period information was or 

obtained.

(2) On an ex parte showing of good cause to the judge, the ser

notice required by this subsection may be postponed or suspen

period not to exceed 90 days. Thereafter, on a further ex parte 

of good cause, the court shall forego ordering the serving of th

required under this subsection. 

(k)(1) Federal officers who conduct physical searches to acquire forei

intelligence information under this title may consult with Federal law 
329

foreign power or an agent of a foreign power; 

(B) sabotage or international terrorism by a foreign po

agent of a foreign power; or 

(C) clandestine intelligence activities by an intelligen

or network of a foreign power or by an agent of a fore

(2) Coordination authorized under paragraph (1) shall not pre

certification required by section 303(a)(7) or the entry of an o

section 304. 

CONGRESSIONAL OVERSIGHT

SEC. 306. [50 U.S.C. §1826] 

On a semiannual basis the Attorney General shall fully inform the Per

Select Committee on Intelligence of the House of Representatives and 

Committee on Intelligence of the Senate and the Committee on the Ju

the Senate concerning all physical searches conducted pursuant to this 

semiannual basis the Attorney General shall also provide to those com

and the Committee on the Judiciary of the House of Representatives a 

setting forth with respect to the preceding six-month period— 

(1) the total number of applications made for orders approvin

searches under this title; 

(2) the total number of such orders either granted, modified, o

(3) the number of physical searches which involved searches 

residences, offices, or personal property of United States pers

number of occasions, if any, where the Attorney General prov

pursuant to section 305(b); and 

(4) the total number of emergency physical searches authorize

Attorney General under section 304(e) and the total number o

subsequent orders approving or denying such physical search

PENALTIES

SEC. 307. [50 U.S.C. §1827] 

(a) A person is guilty of an offense if he intentionally— 
330

statute, for the purpose of obtaining intelligence information. 

(b) It is a defense to a prosecution under subsection (a) that the defend

law enforcement or investigative officer engaged in the course of his o

duties and the physical search was authorized by and conducted pursu

search warrant or court order of a court of competent jurisdiction. 

(c) An offense described in this section is punishable by a fine of not m

$10,000 or imprisonment for not more than five years, or both. 

(d) There is Federal jurisdiction over an offense under this section if t

committing the offense was an officer or employee of the United State

time the offense was committed. 

CIVIL LIABILITY

SEC. 308. [50 U.S.C. §1828] 

An aggrieved person, other than a foreign power or an agent of a forei

as defined in section 101 (a) or (b)(1)(A), respectively, of this Act, wh

premises, property, information, or material has been subjected to a ph

search within the United States or about whom information obtained b

physical search has been disclosed or used in violation of section 307 

cause of action against any person who committed such violation and 

entitled to recover— 

(1) actual damages, but not less than liquidated damages of $1

$100 per day for each day of violation, whichever is greater; 

(2) punitive damages; and 

(3) reasonable attorney’s fees and other investigative and litig

reasonably incurred. 

AUTHORIZATION DURING TIME OF WAR

SEC. 309. [50 U.S.C. §1829] 

Notwithstanding any other provision of law, the President, through th

General, may authorize physical searches without a court order under 

acquire foreign intelligence information for a period not to exceed 15 

days following a declaration of war by the Congress. 
331

As used in this title: 

(1) The terms “foreign power”, “agent of a foreign power”, “i

terrorism”, “foreign intelligence information”, “Attorney Gen

“United States person”, “United States”, “person”, and “State

the same meanings as in section 101 of this Act. 

(2) The terms “pen register” and “trap and trace device” have 

meanings given such terms in section 3127 of title 18, United 

Code.

(3) The term “aggrieved person” means any person— 

(A) whose telephone line was subject to the installatio

a pen register or trap and trace device authorized by t

(B) whose communication instrument or device was s

the use of a pen register or trap and trace device autho

this title to capture incoming electronic or other comm

impulses. 

PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN NT

AND INTERNATIONAL TERRORISM INVESTIGATIONS

SEC. 402. [50 U.S.C. §1842] 

(a)(1) Notwithstanding any other provision of law, the Attorney Gene

designated attorney for the Government may make an application for 

an extension of an order authorizing or approving the installation and 

pen register or trap and trace device for any investigation to obtain fo

intelligence information not concerning a United States person or to p

against international terrorism or clandestine intelligence activities, pr

such investigation of a United States person is not conducted solely up

basis of activities protected by the first amendment to the Constitution 

being conducted by the Federal Bureau of Investigation under such gu

the Attorney General approves pursuant to Executive Order No. 1233

successor order. 

(2) The authority under paragraph (1) is in addition to the auth

title I of this Act to conduct the electronic surveillance referre

paragraph.

(b) Each application under this section shall be in writing under oath o

affirmation to— 
332

(c) Each application under this section shall require the approval of th

General, or a designated attorney for the Government, and shall includ

(1) the identity of the Federal officer seeking to use the pen re

trap and trace device covered by the application; and 

(2) a certification by the applicant that the information likely 

obtained is foreign intelligence information not concerning a 

States person or is relevant to an ongoing investigation to pro

international terrorism or clandestine intelligence activities, p

such investigation of a United States person is not conducted 

the basis of activities protected by the first amendment to the 

Constitution.

(d)(1) Upon an application made pursuant to this section, the judge sh

ex parte order as requested, or as modified, approving the installation 

a pen register or trap and trace device if the judge finds that the applic

satisfies the requirements of this section. 

(2) An order issued under this section— 

(A) 1 shall specify— 

(i) the identity, if known, of the person who i

subject of the investigation; 

(ii) the identity, if known, of the person to wh

leased or in whose name is listed the telephon

other facility to which the pen register or trap 

device is to be attached or applied; 

(iii) the attributes of the communications to w

order applies, such as the number or other ide

if known, the location of the telephone line or 

facility to which the pen register or trap and t

is to be attached or applied and, in the case of 

trace device, the geographic limits of the trap 

order;

(B) shall direct that— 

(i) upon request of the applicant, the provider 

or electronic communication service, landlord

custodian, or other person shall furnish any in

facilities, or technical assistance necessary to 

the installation and operation of the pen regis
333

investigation or of the pen register or 

trace device to any person unless or u

ordered by the court; and 

(II) shall maintain, under security pro

approved by the Attorney General an

Director of Central Intelligence pursu

section 105(b)(2)(C) of this Act, any 

concerning the pen register or trap an

device or the aid furnished; and 

(iii) the applicant shall compensate such prov

landlord, custodian, or other person for reason

expenses incurred by such provider, landlord

or other person in providing such information

or technical assistance; and 

(C) shall direct that, upon the request of the applicant

provider of a wire or electronic communication servic

disclose to the Federal officer using the pen register o

trace device covered by the order— 

(i) in the case of the customer or subscriber u

service covered by the order (for the period sp

the order)— 

(I) the name of the customer or subsc

(II) the address of the customer or su

(III) the telephone or instrument num

other subscriber number or identifier

customer or subscriber, including any 

temporarily assigned network addres

associated routing or transmission inf

(IV) the length of the provision of ser

such provider to the customer or subs

the types of services utilized by the c

subscriber;

(V) in the case of a provider of local 

distance telephone service, any local 

distance telephone records of the cus

subscriber;
334

for such service; and 

(ii) if available, with respect to any customer 

subscriber of incoming or outgoing communi

or from the service covered by the order— 

(I) the name of such customer or sub

(II) the address of such customer or s

(III) the telephone or instrument num

other subscriber number or identifier

customer or subscriber, including any 

temporarily assigned network addres

associated routing or transmission inf

and

(IV) the length of the provision of ser

such provider to such customer or sub

the types of services utilized by such 

or subscriber. 

(e)(1) Except as provided in paragraph (2), an order issued under this 

shall authorize the installation and use of a pen register or trap and tra

for a period not to exceed 90 days. Extensions of such an order may b

but only upon an application for an order under this section and upon 

finding required by subsection (d). The period of extension shall be fo

not to exceed 90 days. 

(2) In the case of an application under subsection (c) where th

has certified that the information likely to be obtained is forei

intelligence information not concerning a United States perso

or an extension of an order, under the section may be for a pe

exceed one year. 

(f ) No cause of action shall lie in any court against any provider of a 

electronic communication service, landlord, custodian, or other person 

any officer, employee, agent, or other specified person thereof ) that f

any information, facilities, or technical assistance under subsection (d

accordance with the terms of an order issued under this section. 

(g) Unless otherwise ordered by the judge, the results of a pen register 

trace device shall be furnished at reasonable intervals during regular b

hours for the duration of the order to the authorized Government offic

officials.
335

emergency basis to gather foreign intelligence information not concer

United States person or information to protect against international ter

clandestine intelligence activities, provided that such investigation of 

States person is not conducted solely upon the basis of activities prote

first amendment to the Constitution if— 

(1) a judge referred to in section 402(b) of this Act is informe

Attorney General or his designee at the time of such authoriza

the decision has been made to install and use the pen register 

trace device, as the case may be, on an emergency basis; and 

(2) an application in accordance with section 402 of this Act i

such judge as soon as practicable, but not more than 48 hours

Attorney General authorizes the installation and use of the pen 

trap and trace device, as the case may be, under this section. 

(b) A determination under this subsection is a reasonable determinatio

Attorney General that— 

(1) an emergency requires the installation and use of a pen reg

trap and trace device to obtain foreign intelligence informatio

concerning a United States person or information to protect ag

international terrorism or clandestine intelligence activities, p

such investigation of a United States person is not conducted 

the basis of activities protected by the first amendment to the 

Constitution before an order authorizing the installation and u

pen register or trap and trace device, as the case may be, can w

diligence be obtained under section 402 of this Act; and 

(2) the factual basis for issuance of an order under such sectio

approve the installation and use of the pen register or trap and 

device, as the case may be, exists. 

(c)(1) In the absence of an order applied for under subsection (a)(2) ap

the installation and use of a pen register or trap and trace device autho

this section, the installation and use of the pen register or trap and trac

the case may be, shall terminate at the earlier of— 

(A) when the information sought is obtained; 

(B) when the application for the order is denied under 

402 of this Act; or 

(C) 48 hours after the time of the authorization by the 

General.
336

of the pen register or trap and trace device, as the case may be

received in evidence or otherwise disclosed in any trial, hearin

proceeding in or before any court, grand jury, department, off

regulatory body, legislative committee, or other authority of t

States, a State, or political subdivision thereof, and no inform

concerning any United States person acquired from the use of 

register or trap and trace device, as the case may be, shall sub

be used or disclosed in any other manner by Federal officers o

employees without the consent of such person, except with th

of the Attorney General if the information indicates a threat o

serious bodily harm to any person. 

AUTHORIZATION DURING TIME OF WAR

SEC. 404. [50 U.S.C. §1844] 

Notwithstanding any other provision of law, the President, through th

General, may authorize the use of a pen register or trap and trace devi

a court order under this title to acquire foreign intelligence informatio

period not to exceed 15 calendar days following a declaration of war b

Congress.

USE OF INFORMATION

SEC. 405. [50 U.S.C. §1845] 

(a)(1) Information acquired from the use of a pen register or trap and t

installed pursuant to this title concerning any United States person ma

and disclosed by Federal officers and employees without the consent o

United States person only in accordance with the provisions of this se

(2) No information acquired from a pen register or trap and tr

installed and used pursuant to this title may be used or disclos

Federal officers or employees except for lawful purposes. 

(b) No information acquired pursuant to this title shall be disclosed fo

enforcement purposes unless such disclosure is accompanied by a stat

such information, or any information derived therefrom, may only be 

criminal proceeding with the advance authorization of the Attorney G
337

time before an effort to so disclose or so use that information or subm

evidence, notify the aggrieved person and the court or other authority 

the information is to be disclosed or used that the United States intend

disclose or so use such information. 

(d) Whenever any State or political subdivision thereof intends to ente

evidence or otherwise use or disclose in any trial, hearing, or other pro

or before any court, department, officer, agency, regulatory body, or o

authority of the State or political subdivision thereof against an aggrie

any information obtained or derived from the use of a pen register or t

trace device pursuant to this title, the State or political subdivision the

notify the aggrieved person, the court or other authority in which the i

is to be disclosed or used, and the Attorney General that the State or p

subdivision thereof intends to so disclose or so use such information. 

(e)(1) Any aggrieved person against whom evidence obtained or deriv

use of a pen register or trap and trace device is to be, or has been, intro

otherwise used or disclosed in any trial, hearing, or other proceeding i

any court, department, officer, agency, regulatory body, or other autho

United States, or a State or political subdivision thereof, may move to 

the evidence obtained or derived from the use of the pen register or tra

device, as the case may be, on the grounds that— 

(A) the information was unlawfully acquired; or 

(B) the use of the pen register or trap and trace device

case may be, was not made in conformity with an ord

authorization or approval under this title. 

(2) A motion under paragraph (1) shall be made before the tri

or other proceeding unless there was no opportunity to make s

motion or the aggrieved person concerned was not aware of th

of the motion. 

(f )(1) Whenever a court or other authority is notified pursuant to subs

or (d), whenever a motion is made pursuant to subsection (e), or when

motion or request is made by an aggrieved person pursuant to any oth

rule of the United States or any State before any court or other authori

United States or any State to discover or obtain applications or orders 

materials relating to the use of a pen register or trap and trace device a

by this title or to discover, obtain, or suppress evidence or information 

or derived from the use of a pen register or trap and trace device autho
338

register or trap and trace device, as the case may be, as may be necess

determine whether the use of the pen register or trap and trace device, 

may be, was lawfully authorized and conducted. 

(2) In making a determination under paragraph (1), the court m

disclose to the aggrieved person, under appropriate security p

and protective orders, portions of the application, order, or oth

materials relating to the use of the pen register or trap and trac

as the case may be, or may require the Attorney General to pr

aggrieved person a summary of such materials, only where su

disclosure is necessary to make an accurate determination of t

of the use of the pen register or trap and trace device, as the c

(g)(1) If the United States district court determines pursuant to subsec

that the use of a pen register or trap and trace device was not lawfully 

or conducted, the court may, in accordance with the requirements of l

suppress the evidence which was unlawfully obtained or derived from 

the pen register or trap and trace device, as the case may be, or otherw

the motion of the aggrieved person. 

(2) If the court determines that the use of the pen register or tr

trace device, as the case may be, was lawfully authorized or c

may deny the motion of the aggrieved person except to the ex

due process requires discovery or disclosure. 

(h) Orders granting motions or requests under subsection (g), decision

section that the use of a pen register or trap and trace device was not l

authorized or conducted, and orders of the United States district court 

review or granting disclosure of applications, orders, or other material

to the installation and use of a pen register or trap and trace device sha

orders and binding upon all courts of the United States and the severa

except a United States Court of Appeals or the Supreme Court. 

CONGRESSIONAL OVERSIGHT

SEC. 406. [50 U.S.C. §1846] 

(a) On a semiannual basis, the Attorney General shall fully inform the 

Select Committee on Intelligence of the House of Representatives and 

Committee on Intelligence of the Senate and the Committee on the Ju

the House of Representatives and the Committee on the Judiciary of th
339

(1) the total number of applications made for orders approvin

pen registers or trap and trace devices under this title; 

(2) the total number of such orders either granted, modified, o

and

(3) the total number of pen registers and trap and trace device

installation and use was authorized by the Attorney General o

emergency basis under section 403, and the total number of su

orders approving or denying the installation and use of such p

and trap and trace devices. 

TITLE V—ACCESS TO CERTAIN BUSINESS RECOR

FOR FOREIGN INTELLIGENCE PURPOSES 

ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELL

AND INTERNATIONAL TERRORISM INVESTIGATIONS

SEC. 501. [50 U.S.C. §1861] 

(a)(1) Subject to paragraph (3), the Director of the Federal Bureau of 

Investigation or a designee of the Director (whose rank shall be no low

Assistant Special Agent in Charge) may make an application for an or

requiring the production of any tangible things (including books, reco

documents, and other items) for an investigation to obtain foreign inte

information not concerning a United States person or to protect agains

international terrorism or clandestine intelligence activities, provided 

investigation of a United States person is not conducted solely upon th

activities protected by the first amendment to the Constitution. 

(2) An investigation conducted under this section shall 

(A) be conducted under guidelines approved by the A

General under Executive Order 12333 (or a successor 

(B) not be conducted of a United States person solely 

basis of activities protected by the first amendment to 

Constitution of the United States. 

(3) In the case of an application for an order requiring the pro

library circulation records, library patron lists, book sales reco

customer lists, firearms sales records, tax return records, educ

records, or medical records containing information that would 
340

(1) shall be made to— 

(A) a judge of the court established by section 103(a) 

or

(B) a United States Magistrate Judge under chapter 43 

28, who is publicly designated by the Chief Justice of 

States to have the power to hear applications and gran

the production of tangible things under this section on 

judge of that court; and 

(2) shall include— 

(A) a statement of facts showing that there are reason

grounds to believe that the tangible things sought are 

an authorized investigation (other than a threat assess

conducted in accordance with subsection (a)(2) of thi

obtain foreign intelligence information not concernin

States person or to protect against international terror

clandestine intelligence activities, such things being 

presumptively relevant to an authorized investigation 

applicant shows in the statement of the facts that they 

to—

(i) a foreign power or an agent of a foreign po

(ii) the activities of a suspected agent of a for

who is the subject of such authorized investig

(iii) an individual in contact with, or known t

suspected agent of a foreign power who is the 

such authorized investigation; and 

(B) an enumeration of the minimization procedures a

the Attorney General under subsection (g) of this sect

applicable to the retention and dissemination by the F

Bureau of Investigation of any tangible things to be m

available to the Federal Bureau of Investigation based 

order requested in such application. 

(c)(1) Upon an application made pursuant to this section, if the judge 

the application meets the requirements of subsections (a) and (b) of th

the judge shall enter an ex parte order as requested, or as modified, ap

release of tangible things. Such order shall direct that minimization pr

adopted pursuant to subsection (g) of this section be followed. 
341

which the tangible things can be assembled and made 

(C) shall provide clear and conspicuous notice of the 

and procedures described in subsection (d) of this sec

(D) may only require the production of a tangible thin

thing can be obtained with a subpoena duces tecum is

court of the United States in aid of a grand jury invest

with any other order issued by a court of the United S

directing the production of records or tangible things; 

(E) shall not disclose that such order is issued for pur

investigation described in subsection (a) of this sectio

(d)(1) No person shall disclose to any other person that the Federal bu

investigation has sought or obtained tangible things pursuant to an ord

this section, other than to 

(A) those persons to whom disclosure is necessary to 

with such order; 

(B) an attorney to obtain legal advice or assistance wi

to the production of things in response to the order; o

(C) other persons as permitted by the Director of the F

Bureau of Investigation or the designee of the Directo

(2)(A) A person to whom disclosure is made pursuant to para

shall be subject to the nondisclosure requirements applicable 

to whom an order is directed under this section in the same m

such person. 

(B) Any person who discloses to a person described i

subparagraph (A), (B), or (C) of paragraph (1) that th

Bureau of Investigation has sought or obtained tangib

pursuant to an order under this section shall notify su

of the nondisclosure requirements of this subsection. 

(C) At the request of the Director of the Federal Bure

Investigation or the designee of the Director, any pers

or intending to make a disclosure under subparagraph 

of paragraph (1) shall identify to the Director or such 

the person to whom such disclosure will be made or t

such disclosure was made prior to the request. 

(e) A person who, in good faith, produces tangible things under an ord

to this section shall not be liable to any other person for such producti
342

under subsection (d) of this section. 

(2)(A)(i) A person receiving a production order may challeng

legality of that order by filing a petition with the pool establis

section 103(e)(1) of this Act. Not less than 1 year after the dat

issuance of the production order, the recipient of a production 

challenge the nondisclosure order imposed in connection with 

production order by filing a petition to modify or set aside suc

nondisclosure order, consistent with the requirements of subp

(C), with the pool established by 103(e)(1) of this Act. 

(ii) The presiding judge shall immediately ass

petition under clause (i) to 1 of the judges ser

pool established by 103(e)(1) of this Act. Not 

72 hours after the assignment of such petition

assigned judge shall conduct an initial review 

petition. If the assigned judge determines that 

petition is frivolous, the assigned judge shall 

immediately deny the petition and affirm the 

order or nondisclosure order. If the assigned j

determines the petition is not frivolous, the as

judge shall promptly consider the petition in 

with the procedures established under 103(e)

Act.

(iii) The assigned judge shall promptly provid

statement for the record of the reasons for any 

determination under this subsection. Upon th

the Government, any order setting aside a non

order shall be stayed pending review pursuan

paragraph (3). 

(B) A judge considering a petition to modify or set as

production order may grant such petition only if the ju

that such order does not meet the requirements of this 

is otherwise unlawful. If the judge does not modify or 

the production order, the judge shall immediately affi

order, and order the recipient to comply therewith. 

(C)(i) A judge considering a petition to modify or set 

nondisclosure order may grant such petition only if th
343

General, Deputy Attorney General, an Assist

Attorney General, or the Director of the Fede

of Investigation certifies that disclosure may 

the national security of the United States or in

with diplomatic relations, such certification s

treated as conclusive, unless the judge finds t

certification was made in bad faith. 

(iii) If the judge denies a petition to modify o

nondisclosure order, the recipient of such ord

precluded for a period of 1 year from filing an

petition with respect to such nondisclosure or

(D) Any production or nondisclosure order not explic

modified or set aside consistent with this subsection s

in full effect. 

(3) A petition for review of a decision under paragraph (2) to 

modify, or set aside an order by the Government or any perso

such order shall be made to the court of review established un

of this Act, which shall have jurisdiction to consider such peti

court of review shall provide for the record a written statemen

reasons for its decision and, on petition by the Government or 

receiving such order for writ of certiorari, the record shall be 

under seal to the Supreme Court of the United States, which s

jurisdiction to review such decision. 

(4) Judicial proceedings under this subsection shall be conclu

expeditiously as possible. The record of proceedings, includin

filed, orders granted, and statements of reasons for decision, s

maintained under security measures established by the Chief J

the United States, in consultation with the Attorney General a

Director of National Intelligence. 

(5) All petitions under this subsection shall be filed under sea

proceedings under this subsection, the court shall, upon reque

Government, review ex parte and in camera any Government 

submission, or portions thereof, which may include classified 

information. 
344

subchapter.

(2) DEFINED.—In this section, the term “minimization proced

means— 

(A) specific procedures that are reasonably designed 

the purpose and technique of an order for the product

tangible things, to minimize the retention, and prohib

dissemination, of nonpublicly available information c

unconsenting United States persons consistent with th

the United States to obtain, produce, and disseminate 

intelligence information; 

(B) procedures that require that nonpublicly available 

information, which is not foreign intelligence informa

defined in 103(e)(1) of this Act, shall not be dissemin

manner that identifies any United States person, witho

person’s consent, unless such person’s identity is nec

understand foreign intelligence information or assess 

importance; and 

(C) notwithstanding subparagraphs (A) and (B), proc

allow for the retention and dissemination of informati

evidence of a crime which has been, is being, or is ab

committed and that is to be retained or disseminated f

enforcement purposes. 

(h) USE OF INFORMATION.—Information acquired from tangible thing

by the Federal Bureau of Investigation in response to an order under t

subchapter concerning any United States person may be used and disc

Federal officers and employees without the consent of the United Stat

only in accordance with the minimization procedures adopted pursuan

subsection (g) of this section. No otherwise privileged information acq

tangible things received by the Federal Bureau of Investigation in acc

with the provisions of this subchapter shall lose its privileged characte

information acquired from tangible things received by the Federal Bur

Investigation in response to an order under this subchapter may be use

disclosed by Federal officers or employees except for lawful purposes
345

concerning all requests for the production of tangible things under sec

this Act. 

(b) In April of each year, the Attorney General shall submit to the Hou

Senate Committees on the Judiciary and the House Permanent Select 

on Intelligence and the Senate Select Committee on Intelligence a rep

forth with respect to the preceding calendar year— 

(1) the total number of applications made for orders approvin

for the production of tangible things under section 501 of this 

(2) the total number of such orders either granted, modified, o

and

(3) the number of such orders either granted, modified, or den

production of each of the following: 

(A) Library circulation records, library patron lists, bo

records, or book customer lists. 

(B) Firearms sales records. 

(C) Tax return records. 

(D) Educational records. 

(E) Medical records containing information that woul

person.

(c)(1) In April of each year, the Attorney General shall submit to Con

report setting forth with respect to the preceding year— 

(A) the total number of applications made for orders a

requests for the production of tangible things under se

of this Act; and 

(B) the total number of such orders either granted, mo

denied.

(2) Each report under this subsection shall be submitted in un

form. 

TITLE VI—REPORTING REQUIREMENT 

SEMIANNUAL REPORT OF THE ATTORNEY GENERAL

SEC. 601. 

(a) REPORT.—On a semiannual basis, the Attorney General shall subm

Permanent Select Committee on Intelligence of the House of Represen
346

(A) electronic surveillance under section 105; 

(B) physical searches under section 304; 

(C) pen registers under section 402; and 

(D) access to records under section 501; 

(2) the number of individuals covered by an order issued purs

section 101(b)(1)(C); 

(3) the number of times that the Attorney General has authori

information obtained under this Act may be used in a crimina

proceeding or any information derived therefrom may be used 

criminal proceeding; 

(4) a summary of significant legal interpretations of this Act i

matters before the Foreign Intelligence Surveillance Court or 

Intelligence Surveillance Court of Review, including interpret

presented in applications or pleadings filed with the Foreign I

Surveillance Court or the Foreign Intelligence Surveillance C

Review by the Department of Justice; and 

(5) copies of all decisions (not including orders) or opinions o

Foreign Intelligence Surveillance Court or Foreign Intelligenc

Surveillance Court of Review that include significant constru

interpretation of the provisions of this Act. 

(b) FREQUENCY.—The first report under this section shall be submitte

than 6 months after the date of enactment of this section. Subsequent r

under this section shall be submitted semi-annually thereafter. 

TITLE VII—EFFECTIVE DATE 

EFFECTIVE DATE

SEC. 601. [50 U.S.C. §1801 note] The provisions of this Act (other th

IV, and V) and the amendments made hereby shall become effective u

date of enactment of this Act, except that any electronic surveillance a

the Attorney General to gather foreign intelligence information shall n

deemed unlawful for failure to follow the procedures of this Act, if th

surveillance is terminated or an order approving that surveillance is ob

under title I of this Act within ninety days following the designation o

judge pursuant to section 103 of this Act. 
347

and for other purposes.

Be it enacted by the Senate and House of Representatives of t

States of America in Congress assembled, 

SHORT TITLE

SECTION 1.

This Act may be cited as the “Protect America Act of 2007”. 

ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN

ACQUISITIONS OF FOREIGN INTELLIGENCE INFORMATIO

SEC. 2.

The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1801 e

amended by inserting after section 105 the following: 

“CLARIFICATION OF ELECTRONIC SURVEILLANCE OF 

PERSONS OUTSIDE THE UNITED STATES

“SEC. 105A. 

Nothing in the definition of electronic surveillance under section 101(

construed to encompass surveillance directed at a person reasonably b

be located outside of the United States. 

ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN ACQUI

CONCERNING PERSONS LOCATED OUTSIDE THE UNITED ST

“SEC. 105B. 

(a) Notwithstanding any other law, the Director of National Intelligen

Attorney General, may for periods of up to one year authorize the acq

foreign intelligence information concerning persons reasonably believ

outside the United States if the Director of National Intelligence and t

General determine, based on the information provided to them, that— 

“(1) there are reasonable procedures in place for determining 

acquisition of foreign intelligence information under this sect
348

provider, custodian, or other person (including any officer, em

agent, or other specified person of such service provider, cust

other person) who has access to communications, either as the

transmitted or while they are stored, or equipment that is bein

used to transmit or store such communications; 

“(4) a significant purpose of the acquisition is to obtain foreig

intelligence information; and 

“(5) the minimization procedures to be used with respect to su

acquisition activity meet the definition of minimization proce

section 101(h). 

“This determination shall be in the form of a written certification, und

supported as appropriate by affidavit of appropriate officials in the na

security field occupying positions appointed by the President, by and 

consent of the Senate, or the Head of any Agency of the Intelligence C

unless immediate action by the Government is required and time does 

the preparation of a certification. In such a case, the determination of 

of National Intelligence and the Attorney General shall be reduced to 

certification as soon as possible but in no event more than 72 hours af

determination is made. 

“(b) A certification under subsection (a) is not required to identify the 

facilities, places, premises, or property at which the acquisition of fore

intelligence information will be directed. 

“(c) The Attorney General shall transmit as soon as practicable under 

court established under section 103(a) a copy of a certification made u

subsection (a). Such certification shall be maintained under security m

established by the Chief Justice of the United States and the Attorney 

consultation with the Director of National Intelligence, and shall rema

unless the certification is necessary to determine the legality of the ac

under section 105B. 

“(d) An acquisition under this section may be conducted only in accor

the certification of the Director of National Intelligence and the Attorn

General, or their oral instructions if time does not permit the preparati

certification, and the minimization procedures adopted by the Attorne

The Director of National Intelligence and the Attorney General shall a

compliance with such procedures and shall report such assessments to 
349

as will protect the secrecy of the acquisition and produce a mi

interference with the services that such person is providing to 

and

“(2) maintain under security procedures approved by the Atto

General and the Director of National Intelligence any records 

the acquisition or the aid furnished that such person wishes to 

“(f) The Government shall compensate, at the prevailing rate, a person 

providing information, facilities, or assistance pursuant to subsection 

“(g) In the case of a failure to comply with a directive issued pursuant 

subsection (e), the Attorney General may invoke the aid of the court e

under section 103(a) to compel compliance with the directive. The cou

issue an order requiring the person to comply with the directive if it fi

directive was issued in accordance with subsection (e) and is otherwis

Failure to obey an order of the court may be punished by the court as 

court. Any process under this section may be served in any judicial di

which the person may be found. 

“(h)(1)(A) A person receiving a directive issued pursuant to subsectio

challenge the legality of that directive by filing a petition with the poo

established under section 103(e)(1). 

“(B) The presiding judge designated pursuant to secti

shall assign a petition filed under subparagraph (A) to 

judges serving in the pool established by section 103(

later than 48 hours after the assignment of such petiti

assigned judge shall conduct an initial review of the d

the assigned judge determines that the petition is frivo

assigned judge shall immediately deny the petition an

the directive or any part of the directive that is the sub

petition. If the assigned judge determines the petition 

frivolous, the assigned judge shall, within 72 hours, c

petition in accordance with the procedures established 

section 103(e)(2) and provide a written statement for 

of the reasons for any determination under this subsec

“(2) A judge considering a petition to modify or set aside a di

grant such petition only if the judge finds that such directive d

meet the requirements of this section or is otherwise unlawful

judge does not modify or set aside the directive, the judge sha
350

section 103(b) for review of the decision issued pursuant to subsection 

later than 7 days after the issuance of such decision. Such court of rev

have jurisdiction to consider such petitions and shall provide for the re

written statement of the reasons for its decision. On petition for a writ 

certiorari by the Government or any person receiving such directive, t

shall be transmitted under seal to the Supreme Court, which shall hav

jurisdiction to review such decision. 

“(j) Judicial proceedings under this section shall be concluded as expe

possible. The record of proceedings, including petitions filed, orders g

statements of reasons for decision, shall be maintained under security 

established by the Chief Justice of the United States, in consultation w

Attorney General and the Director of National Intelligence. 

“(k) All petitions under this section shall be filed under seal. In any pr

under this section, the court shall, upon request of the Government, re

parte and in camera any Government submission, or portions of a sub

which may include classified information. 

“(l) Notwithstanding any other law, no cause of action shall lie in any 

against any person for providing any information, facilities, or assistan

accordance with a directive under this section. 

“(m) A directive made or an order granted under this section shall be r

a period of not less than 10 years from the date on which such directiv

order is made.”. 

SUBMISSION TO COURT REVIEW AND ASSESSMENT OF PROCE

SEC. 3.

The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1801 e

amended by inserting after section 105B the following: 

“SUBMISSION TO COURT REVIEW OF PROCEDURES

“SEC. 105C. (a) No later than 120 days after the effective date of this 

Attorney General shall submit to the Court established under section 1

procedures by which the Government determines that acquisitions con

pursuant to section 105B do not constitute electronic surveillance. The 
351

surveillance. The courts review shall be limited to whether the Gover

determination is clearly erroneous. 

“(c) If the court concludes that the determination is not clearly erroneo

enter an order approving the continued use of such procedures. If the 

concludes that the determination is clearly erroneous, it shall issue an 

directing the Government to submit new procedures within 30 days or 

acquisitions under section 105B that are implicated by the court’s ord

“(d) The Government may appeal any order issued under subsection (

court established under section 103(b). If such court determines that th

was properly entered, the court shall immediately provide for the reco

statement of each reason for its decision, and, on petition of the Unite

a writ of certiorari, the record shall be transmitted under seal to the Su

Court of the United States, which shall have jurisdiction to review suc

Any acquisitions affected by the order issued under subsection (c) of t

may continue during the pendency of any appeal, the period during w

petition for writ of certiorari may be pending, and any review by the S

Court of the United States”‘. 

REPORTING TO CONGRESS

SEC. 4.

On a semi-annual basis the Attorney General shall inform the Select C

on Intelligence of the Senate, the Permanent Select Committee on Inte

the House of Representatives, the Committee on the Judiciary of the S

the Committee on the Judiciary of the House of Representatives, conc

acquisitions under this section during the previous 6-month period. Ea

made under this section shall include— 

(1) a description of any incidents of non-compliance with a di

issued by the Attorney General and the Director of National I

under section 105B, to include— 

(A) incidents of non-compliance by an element of the 

Intelligence Community with guidelines or procedure

established for determining that the acquisition of for

intelligence authorized by the Attorney General and D

National Intelligence concerns persons reasonably to 

the United States; and 
352

TECHNICAL AMENDMENT AND CONFORMING AMENDMEN

SEC. 5.

(a) IN GENERAL.—Section 103(e) of the Foreign Intelligence Surveill

1978 (50 U.S.C. §1803(e)) is amended— 

(1) in paragraph (1), by striking “501(f)(1)” and inserting “10

501(f)(1)”; and 

(2) in paragraph (2), by striking “501(f)(1)” and inserting “10

501(f)(1)”.

(b) TABLE OF CONTENTS.—The table of contents in the first section o

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1801 et seq

amended by inserting after the item relating to section 105 the followi

“105A. Clarification of electronic surveillance of persons out

United States. 

“105B. Additional procedure for authorizing certain acquisiti

concerning persons located outside the United States. 

“105C. Submission to court review of procedures.”. 

EFFECTIVE DATE; TRANSITION PROCEDURES

SEC. 6.

(a) EFFECTIVE DATE.—Except as otherwise provided, the amendment

this Act shall take effect immediately after the date of the enactment o

(b) TRANSITION PROCEDURES.—Notwithstanding any other provision 

any order in effect on the date of enactment of this Act issued pursuan

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1801 et seq

remain in effect until the date of expiration of such order, and, at the r

the applicant, the court established under section 103(a) of such Act (

§1803(a)) shall reauthorize such order as long as the facts and circum

continue to justify issuance of such order under the provisions of the F

Intelligence Surveillance Act of 1978, as in effect on the day before th

applicable effective date of this Act. The Government also may file ne

applications, and the court established under section 103(a) of the For

Intelligence Surveillance Act of 1978 (50 U.S.C. §1803(a)) shall enter 

granting such applications pursuant to such Act, as long as the applica
353

subject to the provisions of the Foreign Intelligence Surveillance Act 

U.S.C. §1801 et seq.), as in effect on the day before the effective date 

(c) SUNSET.—Except as provided in subsection (d), sections 2, 3, 4, an

Act, and the amendments made by this Act, shall cease to have effect 

after the date of the enactment of this Act. 

(d) AUTHORIZATIONS IN EFFECT.—Authorizations for the acquisition 

intelligence information pursuant to the amendments made by this Ac

directives issued pursuant to such authorizations, shall remain in effec

expiration. Such acquisitions shall be governed by the applicable prov

such amendments and shall not be deemed to constitute electronic sur

that term is defined in section 101(f) of the Foreign Intelligence Surve

of 1978 (50 U.S.C. §1801(f)). 
354
355

An Act To deter and punish terrorist acts in the United States and arou

world, to enhance law enforcement investigatory tools, and for other p

Be it enacted by the Senate and House of Representatives of the Unite

America in Congress assembled, 

SHORT TITLE AND TABLE OF CONTENTS

SECTION 1. 

(a) SHORT TITLE.—This Act may be cited as the “Uniting and Strengt

America by Providing Appropriate Tools Required to Intercept and O

Terrorism (USA Patriot Act) Act of 2001”. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as fol

SEC. 1. Short title and table of contents. 

SEC. 2. Construction; severability. 

TITLE I—ENHANCED DOMESTIC SECURITY AGAINST TERRORISM

SEC. 101. Counterterrorism fund. 

SEC. 102. Sense of Congress condemning discrimination against Ara

Muslim Americans. 

SEC. 103. Increased funding for the technical support center at the Fe

of Investigation. 

SEC. 104. Requests for military assistance to enforce prohibition in c

emergencies. 

SEC. 105. Expansion of National Electronic Crime Task Force Initiat

SEC. 106. Presidential authority. 

TITLE II—ENHANCED SURVEILLANCE PROCEDURES

SEC. 201. Authority to intercept wire, oral, and electronic communic

relating to terrorism. 

SEC. 202. Authority to intercept wire, oral, and electronic communic

relating to computer fraud and abuse offenses. 

SEC. 203. Authority to share criminal investigative information. 

SEC. 204. Clarification of intelligence exceptions from limitations on 

and disclosure of wire, oral, and electronic communication

SEC. 205. Employment of translators by the Federal Bureau of Invest
356

SEC. 211. Clarification of scope. 

SEC. 212. Emergency disclosure of electronic communications to pro

limb. 

SEC. 213. Authority for delaying notice of the execution of a warrant

SEC. 214. Pen register and trap and trace authority under FISA. 

SEC. 215. Access to records and other items under the Foreign Intelli

Surveillance Act. 

SEC. 216. Modification of authorities relating to use of pen registers a

trace devices. 

SEC. 217. Interception of computer trespasser communications. 

SEC. 218. Foreign intelligence information. 

SEC. 219. Single-jurisdiction search warrants for terrorism. 

SEC. 220. Nationwide service of search warrants for electronic eviden

SEC. 221. Trade sanctions. 

SEC. 222. Assistance to law enforcement agencies. 

SEC. 223. Civil liability for certain unauthorized disclosures. 

SEC. 224. Sunset. 

SEC. 225. Immunity for compliance with FISA wiretap. 

TITLE III—INTERNATIONAL MONEY LAUNDERING ABATEMENT

AND ANTI-TERRORIST FINANCING ACT OF 2001

SEC. 301. Short title. 

SEC. 302. Findings and purposes. 

SEC. 303. 4-year congressional review; expedited consideration. 

SUBTITLE A—INTERNATIONAL COUNTER MONEY LAUNDERING AND RELATE

SEC. 311. Special measures for jurisdictions, financial institutions, or 

international transactions of primary money laundering con

SEC. 312. Special due diligence for correspondent accounts and priva

accounts.

SEC. 313. Prohibition on United States correspondent accounts with f

banks. 

SEC. 314. Cooperative efforts to deter money laundering. 

SEC. 315. Inclusion of foreign corruption offenses as money launderi

SEC. 316. Anti-terrorist forfeiture protection. 

SEC. 317. Long-arm jurisdiction over foreign money launderers. 

SEC. 318. Laundering money through a foreign bank. 

SEC. 319. Forfeiture of funds in United States interbank accounts. 

SEC. 320. Proceeds of foreign crimes. 
357

SEC. 327. Consideration of anti-money laundering record. 

SEC. 328. International cooperation on identification of originators of 

transfers. 

SEC. 329. Criminal penalties. 

SEC. 330. International cooperation in investigations of money laund

financial crimes, and the finances of terrorist groups. 

SUBTITLE B—BANK SECRECY ACT AMENDMENTS AND RELATED IMPROV

SEC. 351. Amendments relating to reporting of suspicious activities. 

SEC. 352. Anti-money laundering programs. 

SEC. 353. Penalties for violations of geographic targeting orders and 

recordkeeping requirements, and lengthening effective per

geographic targeting orders. 

SEC. 354. Anti-money laundering strategy. 

SEC. 355. Authorization to include suspicions of illegal activity in wr

employment references. 

SEC. 356. Reporting of suspicious activities by securities brokers and 

investment company study. 

SEC. 357. Special report on administration of bank secrecy provision

SEC. 358. Bank secrecy provisions and activities of United States int

agencies to fight international terrorism. 

SEC. 359. Reporting of suspicious activities by underground banking 

SEC. 360. Use of authority of United States Executive Directors. 

SEC. 361. Financial crimes enforcement network. 

SEC. 362. Establishment of highly secure network. 

SEC. 363. Increase in civil and criminal penalties for money launderi

SEC. 364. Uniform protection authority for Federal Reserve facilities

SEC. 365. Reports relating to coins and currency received in non-fina

or business. 

SEC. 366. Efficient use of currency transaction report system. 

SUBTITLE C—CURRENCY CRIMES AND PROTECTION

SEC. 371. Bulk cash smuggling into or out of the United States. 

SEC. 372. Forfeiture in currency reporting cases. 

SEC. 373. Illegal money transmitting businesses. 

SEC. 374. Counterfeiting domestic currency and obligations. 

SEC. 375. Counterfeiting foreign currency and obligations. 

SEC. 376. Laundering the proceeds of terrorism. 

SEC. 377. Extraterritorial jurisdiction. 
358

applicants for admission to the United States. 

SEC. 404. Limited authority to pay overtime. 

SEC. 405. Report on the integrated automated fingerprint identificatio

ports of entry and overseas consular posts. 

SUBTITLE B—ENHANCED IMMIGRATION PROVISIONS

SEC. 411. Definitions relating to terrorism. 

SEC. 412. Mandatory detention of suspected terrorists; habeas corpu

review. 

SEC. 413. Multilateral cooperation against terrorists. 

SEC. 414. Visa integrity and security. 

SEC. 415. Participation of Office of Homeland Security on Entry-Exi

SEC. 416. Foreign student monitoring program. 

SEC. 417. Machine readable passports. 

SEC. 418. Prevention of consulate shopping. 

SUBTITLE C—PRESERVATION OF IMMIGRATION BENEFITS FOR VICTIMS OF T

SEC. 421. Special immigrant status. 

SEC. 422. Extension of filing or reentry deadlines. 

SEC. 423. Humanitarian relief for certain surviving spouses and child

SEC. 424. “Age-out” protection for children. 

SEC. 425. Temporary administrative relief. 

SEC. 426. Evidence of death, disability, or loss of employment. 

SEC. 427. No benefits to terrorists or family members of terrorists. 

SEC. 428. Definitions. 

TITLE V—REMOVING OBSTACLES TO INVESTIGATING TERRORISM

SEC. 501. Attorney General’s authority to pay rewards to combat terr

SEC. 502. Secretary of State’s authority to pay rewards. 

SEC. 503. DNA identification of terrorists and other violent offenders

SEC. 504. Coordination with law enforcement. 

SEC. 505. Miscellaneous national security authorities. 

SEC. 506. Extension of Secret Service jurisdiction. 

SEC. 507. Disclosure of educational records. 

SEC. 508. Disclosure of information from NCES surveys. 
359

SEC. 612. Technical correction with respect to expedited payments fo

public safety officers. 

SEC. 613. Public safety officers benefit program payment increase. 

SEC. 614. Office of Justice programs. 

SUBTITLE B—AMENDMENTS TO THE VICTIMS OF CRIME ACT OF 19

SEC. 621. Crime victims fund. 

SEC. 622. Crime victim compensation. 

SEC. 623. Crime victim assistance. 

SEC. 624. Victims of terrorism. 

TITLE VII—INCREASED INFORMATION SHARING FOR 

CRITICAL INFRASTRUCTURE PROTECTION

SEC. 701. Expansion of regional information sharing system to facilit

State-local law enforcement response related to terrorist att

TITLE VIII—STRENGTHENING THE CRIMINAL LAWS AGAINST TERRO

SEC. 801. Terrorist attacks and other acts of violence against mass tra

systems. 

SEC. 802. Definition of domestic terrorism. 

SEC. 803. Prohibition against harboring terrorists. 

SEC. 804. Jurisdiction over crimes committed at U.S. facilities abroad

SEC. 805. Material support for terrorism. 

SEC. 806. Assets of terrorist organizations. 

SEC. 807. Technical clarification relating to provision of material sup

terrorism. 

SEC. 808. Definition of Federal crime of terrorism. 

SEC. 809. No statute of limitation for certain terrorism offenses. 

SEC. 810. Alternate maximum penalties for terrorism offenses. 

SEC. 811. Penalties for terrorist conspiracies. 

SEC. 812. Post-release supervision of terrorists. 

SEC. 813. Inclusion of acts of terrorism as racketeering activity. 

SEC. 814. Deterrence and prevention of cyberterrorism. 

SEC. 815. Additional defense to civil actions relating to preserving re

response to Government requests. 

SEC. 816. Development and support of cybersecurity forensic capabi

SEC. 817. Expansion of the biological weapons statute. 
360

intelligence relationships to acquire information on terroris

terrorist organizations. 

SEC. 904. Temporary authority to defer submittal to Congress of repo

intelligence and intelligence-related matters. 

SEC. 905. Disclosure to Director of Central Intelligence of foreign int

related information with respect to criminal investigations. 

SEC. 906. Foreign terrorist asset tracking center. 

SEC. 907. National Virtual Translation Center. 

SEC. 908. Training of government officials regarding identification a

foreign intelligence. 

TITLE X—MISCELLANEOUS

SEC. 1001. Review of the department of justice. 

SEC. 1002. Sense of congress. 

SEC. 1003. Definition of “electronic surveillance”. 

SEC. 1004. Venue in money laundering cases. 

SEC. 1005. First responders assistance act. 

SEC. 1006. Inadmissibility of aliens engaged in money laundering. 

SEC. 1007. Authorization of funds for DEA police training in south an

Asia.

SEC. 1008. Feasibility study on use of biometric identifier scanning sy

access to the FBI integrated automated fingerprint identific

at overseas consular posts and points of entry to the United 

SEC. 1009. Study of access. 

SEC. 1010. Temporary authority to contract with local and State gover

performance of security functions at United States military 

installations. 

SEC. 1011. Crimes against charitable Americans. 

SEC. 1012. Limitation on issuance of hazmat licenses. 

SEC. 1013. Expressing the sense of the senate concerning the provision 

for bioterrorism preparedness and response. 

SEC. 1014. Grant program for State and local domestic preparedness s

SEC. 1015. Expansion and reauthorization of the crime identification t

act for antiterrorism grants to States and localities. 

SEC. 1016. Critical infrastructures protection. 
361

Section 2516(1) of title 18, United States Code, is amended— 

(1) by redesignating paragraph (p), as so redesignated by sect

of the Antiterrorism and Effective Death Penalty Act of 1996 

Law 104-132; 110 Stat. 1274), as paragraph (r); and 

(2) by inserting after paragraph (p), as so redesignated by sect

of the Illegal Immigration Reform and Immigrant Responsibi

1996 (division C of Public Law 104-208; 110 Stat. 3009-565

following new paragraph: 

“(q) any criminal violation of section 229 (relating to chemical weapo

sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of this title (re

terrorism); or”. 

AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRON

COMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE 

SEC. 202. 

Section 2516(1)(c) of title 18, United States Code, is amended by strik

section 1341 (relating to mail fraud),” and inserting “section 1341 (rel

mail fraud), a felony violation of section 1030 (relating to computer fr

abuse),”.

AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMA

SEC. 203. 

(a) AUTHORITY TO SHARE GRAND JURY INFORMATION.—

(1) IN GENERAL.—Rule 6(e)(3)(C) of the Federal Rules of Cr

Procedure is amended to read as follows: 

“(C)(i) Disclosure otherwise prohibited by this rule o

occurring before the grand jury may also be made— 

“(I) when so directed by a court preli

or in connection with a judicial proce

“(II) when permitted by a court at the 

the defendant, upon a showing that g

exist for a motion to dismiss the indic
362

an attorney for the government, upon 

that such matters may disclose a viol

State criminal law, to an appropriate 

State or subdivision of a State for the 

enforcing such law; or 

“(V) when the matters involve foreig

intelligence or counterintelligence (a

section 3 of the National Security Ac

(50 U.S.C. §401a)), or foreign intelli

information (as defined in clause (iv) 

subparagraph), to any Federal law en

intelligence, protective, immigration, 

defense, or national security official i

assist the official receiving that inform

the performance of his official duties

“(ii) If the court orders disclosure of matters o

before the grand jury, the disclosure shall be 

such manner, at such time, and under such co

the court may direct. 

“(iii) Any Federal official to whom informati

disclosed pursuant to clause (i)(V) of this sub

may use that information only as necessary in 

conduct of that person’s official duties subjec

limitations on the unauthorized disclosure of 

information. Within a reasonable time after s

disclosure, an attorney for the government sh

under seal a notice with the court stating the f

such information was disclosed and the depar

agencies, or entities to which the disclosure w

“(iv) In clause (i)(V) of this subparagraph, th

‘foreign intelligence information’ means— 

“(I) information, whether or not conc

United States person, that relates to th

the United States to protect against— 
363

(cc) clandestine intelligence 

by an intelligence service or 

a foreign power or by an age

foreign power; or 

“(II) information, whether or not con

United States person, with respect to 

power or foreign territory that relates 

“(aa) the national defense or 

of the United States; or 

“(bb) the conduct of the forei

of the United States.”. 

(2) CONFORMING AMENDMENT.—Rule 6(e)(3)(D) of the Fed

of Criminal Procedure is amended by striking “(e)(3)(C)(i)” a

“(e) (3)(C)(i)(I)”. 

(b) AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPT

INFORMATION.—

(1) LAW ENFORCEMENT.—Section 2517 of title 18, United St

is amended by inserting at the end the following: 

“(6) Any investigative or law enforcement officer, or attorney 

Government, who by any means authorized by this chapter, h

knowledge of the contents of any wire, oral, or electronic 

communication, or evidence derived therefrom, may disclose 

contents to any other Federal law enforcement, intelligence, p

immigration, national defense, or national security official to 

that such contents include foreign intelligence or counterintel

defined in section 3 of the National Security Act of 1947 (50 

§401a)), or foreign intelligence information (as defined in sub

(19) of section 2510 of this title), to assist the official who is t

that information in the performance of his official duties. Any 

official who receives information pursuant to this provision m

information only as necessary in the conduct of that person’s 

duties subject to any limitations on the unauthorized disclosur

information.”. 
364

“(19) ‘foreign intelligence information’ means— 

“(A) information, whether or not concerning a United 

person, that relates to the ability of the United States t

against—

“(i) actual or potential attack or other grave h

of a foreign power or an agent of a foreign po

“(ii) sabotage or international terrorism by a f

power or an agent of a foreign power; or 

“(iii) clandestine intelligence activities by an 

service or network of a foreign power or by a

foreign power; or 

“(B) information, whether or not concerning a United 

person, with respect to a foreign power or foreign terr

relates to— 

“(i) the national defense or the security of the 

States; or 

“(ii) the conduct of the foreign affairs of the U

States.”.

(c) PROCEDURES.—The Attorney General shall establish procedures f

disclosure of information pursuant to section 2517(6) and Rule 6(e)(3

of the Federal Rules of Criminal Procedure that identifies a United Sta

as defined in section 101 of the Foreign Intelligence Surveillance Act 

U.S.C. §1801)). 

(d) FOREIGN INTELLIGENCE INFORMATION.—

(1) IN GENERAL.—Notwithstanding any other provision of law

be lawful for foreign intelligence or counterintelligence (as de

section 3 of the National Security Act of 1947 (50 U.S.C. §40

foreign intelligence information obtained as part of a criminal 

investigation to be disclosed to any Federal law enforcement, 

intelligence, protective, immigration, national defense, or nati

security official in order to assist the official receiving that in

in the performance of his official duties. Any Federal official 

receives information pursuant to this provision may use that in
365

against—

(i) actual or potential attack or other grave ho

a foreign power or an agent of a foreign powe

(ii) sabotage or international terrorism by a fo

power or an agent of a foreign power; or 

(iii) clandestine intelligence activities by an i

service or network of a foreign power or by a

foreign power; or 

B) information, whether or not concerning a United S

person, with respect to a foreign power or foreign terr

relates to— 

(i) the national defense or the security of the U

States; or 

(ii) the conduct of the foreign affairs of the U

States.

CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM 

LIMITATIONS ON INTERCEPTION AND DISCLOSURE OF WIR

ORAL, AND ELECTRONIC COMMUNICATIONS

SEC. 204. 

Section 2511(2)(f) of title 18, United States Code, is amended— 

(1) by striking “this chapter or chapter 121” and inserting “thi

chapter 121 or 206 of this title”; and 

(2) by striking “wire and oral” and inserting “wire, oral, and e

EMPLOYMENT OF TRANSLATORS BY THE 

FEDERAL BUREAU OF INVESTIGATION

SEC. 205. 

(a) AUTHORITY.—The Director of the Federal Bureau of Investigation 

authorized to expedite the employment of personnel as translators to s

counterterrorism investigations and operations without regard to appli

Federal personnel requirements and limitations. 
366

of the Department of Justice; 

(2) any legal or practical impediments to using translators em

other Federal, State, or local agencies, on a full, part-time, or 

basis; and 

(3) the needs of the FBI for specific translation services in cer

languages, and recommendations for meeting those needs. 

ROVING SURVEILLANCE AUTHORITY UNDER THE 

FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

SEC. 206. 

Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1

U.S.C. §1805(c)(2)(B)) is amended by inserting “, or in circumstances 

Court finds that the actions of the target of the application may have th

thwarting the identification of a specified person, such other persons,” 

“specified person”. 

DURATION OF FISA SURVEILLANCE OF NON-UNITED STAT

PERSONS WHO ARE AGENTS OF A FOREIGN POWER

SEC. 207. 

(a) DURATION.—

(1) SURVEILLANCE.—Section 105(e)(1) of the Foreign Intelli

Surveillance Act of 1978 (50 U.S.C. §1805(e)(1)) is amended 

(A) inserting “(A)” after “except that”; and 

(B) inserting before the period the following: “, and (

under this Act for a surveillance targeted against an a

foreign power, as defined in section 101(b)(1)(A) ma

period specified in the application or for 120 days, wh

less”.

(2) PHYSICAL SEARCH.—Section 304(d)(1) of the Foreign Int

Surveillance Act of 1978 (50 U.S.C. §1824(d)(1)) is amended 

(A) striking “forty-five” and inserting “90”; 

(B) inserting “(A)” after “except that”; and 

(C) inserting before the period the following: “, and (

under this section for a physical search targeted again

of a foreign power as defined in section 101(b)(1)(A) 
367

(B) inserting before the period the following: , and (

extension of an order under this Act for a surveillance 

against an agent of a foreign power as defined in sect

101(b)(1)(A) may be for a period not to exceed 1 yea

(2) DEFINED TERM.—Section 304(d)(2) of the Foreign Intelli

Surveillance Act of 1978 (50 U.S.C. §1824(d)(2) is amended 

after “not a United States person,” the following: “or against 

a foreign power as defined in section 101(b)(1)(A),”. 

DESIGNATION OF JUDGES

SEC. 208. 

Section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (5

§1803(a)) is amended by— 

(1) striking “seven district court judges” and inserting “11 dis

judges”; and 

(2) inserting “of whom no fewer than 3 shall reside within 20 

the District of Columbia” after “circuits”. 

SEIZURE OF VOICE-MAIL MESSAGES PURSUANT TO WARRA

SEC. 209. 

Title 18, United States Code, is amended— 

(1) in section 2510— 

(A) in paragraph (1), by striking beginning with “and 

all that follows through “communication”; and 

(B) in paragraph (14), by inserting “wire or” after “tra

of”; and 

(2) in subsections (a) and (b) of section 2703— 

(A) by striking “CONTENTS OF ELECTRONIC” an

“CONTENTS OF WIRE OR ELECTRONIC” each p

appears;

(B) by striking “contents of an electronic” and inserti

“contents of a wire or electronic” each place it appear

(C) by striking “any electronic” and inserting “any wi

electronic” each place it appears. 
368

telephone toll billing records, telephone number or other subs

number or identity, and length of service of a subscriber” and 

the following: “entity the— 

“(A) name; 

“(B) address; 

“(C) local and long distance telephone connection rec

records of session times and durations; 

“(D) length of service (including start date) and types 

utilized;

“(E) telephone or instrument number or other subscrib

or identity, including any temporarily assigned netwo

and

“(F) means and source of payment for such service (in

any credit card or bank account number), 

of a subscriber”; and 

(2) by striking “and the types of services the subscriber or cus

utilized,”.

CLARIFICATION OF SCOPE

SEC. 211. 

Section 631 of the Communications Act of 1934 (47 U.S.C. §551) is a

(1) in subsection (c)(2)— 

(A) in subparagraph (B), by striking “or”; 

(B) in subparagraph (C), by striking the period at the 

inserting “; or”; and 

(C) by inserting at the end the following: 

“(D) to a government entity as authorized under chap

121, or 206 of title 18, United States Code, except tha

disclosure shall not include records revealing cable su

selection of video programming from a cable operato
369

SEC. 212. 

(a) DISCLOSURE OF CONTENTS.—

(1) IN GENERAL.—Section 2702 of title 18, United States Cod

amended— 

(A) by striking the section heading and inserting the f

“§2702. Voluntary disclosure of customer communications or records

(B) in subsection (a)— 

(i) in paragraph (2)(A), by striking “and” at th

(ii) in paragraph (2)(B), by striking the period 

inserting “; and”; and 

(iii) by inserting after paragraph (2) the follow

“(3) a provider of remote computing service or electronic com

service to the public shall not knowingly divulge a record or o

information pertaining to a subscriber to or customer of such 

including the contents of communications covered by paragra

(2)) to any governmental entity.”; 

(C) in subsection (b), by striking “EXCEPTIONS.—A 

entity” and inserting “EXCEPTIONS FOR DISCLOS

COMMUNICATIONS.— A provider described in su

(a)”;

(D) in subsection (b)(6)— 

(i) in subparagraph (A)(ii), by striking “or”; 

(ii) in subparagraph (B), by striking the perio

inserting “; or”; and 

(iii) by adding after subparagraph (B) the foll

“(C) if the provider reasonably believes that an emerg

involving immediate danger of death or serious physi

to any person requires disclosure of the information w

delay.”; and 

(E) by inserting after subsection (b) the following: 
370

(3) as may be necessarily incident to the rendition of the serv

the protection of the rights or property of the provider of that 

“(4) to a governmental entity, if the provider reasonably belie

emergency involving immediate danger of death or serious ph

injury to any person justifies disclosure of the information; o

“(5) to any person other than a governmental entity.”. 

(2) TECHNICAL AND CONFORMING AMENDMENT.—The table 

for chapter 121 of title 18, United States Code, is amended by 

the item relating to section 2702 and inserting the following: 

“2702. Voluntary disclosure of customer communications or records

(b) REQUIREMENTS FOR GOVERNMENT ACCESS.—

(1) IN GENERAL.—Section 2703 of title 18, United States Cod

amended— 

(A) by striking the section heading and inserting the f

“2703. Required disclosure of customer communications or records”

(B) in subsection (c) by redesignating paragraph (2) a

(3);

(C) in subsection (c)(1)— 

(i) by striking “(A) Except as provided in sub

(B), a provider of electronic communication s

remote computing service may” and inserting 

governmental entity may require a provider o

communication service or remote computing 

(ii) by striking “covered by subsection (a) or 

section) to any person other than a governme

“(B) A provider of electronic communication service 

computing service shall disclose a record or other info

pertaining to a subscriber to or customer of such serv

including the contents of communications covered by 
371

period and inserting ; or; and 

(vi) by inserting after subparagraph (D) (as re

the following: 

“(E) seeks information under paragraph (2).”; and 

(D) in paragraph (2) (as redesignated) by striking “su

(B)” and insert “paragraph (1)”. 

(2) TECHNICAL AND CONFORMING AMENDMENT.—T

sections for chapter 121 of title 18, United States Cod

amended by striking the item relating to section 2703 

inserting the following: 

“2703. Required disclosure of customer communications or records.”

AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A W

SEC. 213. 

Section 3103a of title 18, United States Code, is amended— 

(1) by inserting “(a) IN GENERAL.—” before “In addition”; an

(2) by adding at the end the following: 

“(b) DELAY.—With respect to the issuance of any warrant or court or

this section, or any other rule of law, to search for and seize any prope

material that constitutes evidence of a criminal offense in violation of 

the United States, any notice required, or that may be required, to be g

be delayed if— 

“(1) the court finds reasonable cause to believe that providing 

notification of the execution of the warrant may have an adve

(as defined in section 2705); 

“(2) the warrant prohibits the seizure of any tangible property

or electronic communication (as defined in section 2510), or, 

expressly provided in chapter 121, any stored wire or electron

information, except where the court finds reasonable necessity 

seizure; and 
372

SEC. 214. 

(a) APPLICATIONS AND ORDERS.—Section 402 of the Foreign Intellig

Surveillance Act of 1978 (50 U.S.C. §1842) is amended— 

(1) in subsection (a)(1), by striking “for any investigation to g

foreign intelligence information or information concerning in

terrorism” and inserting “for any investigation to obtain foreig

intelligence information not concerning a United States perso

protect against international terrorism or clandestine intelligen

activities, provided that such investigation of a United States 

not conducted solely upon the basis of activities protected by 

amendment to the Constitution”; 

(2) by amending subsection (c)(2) to read as follows: 

“(2) a certification by the applicant that the information likely 

obtained is foreign intelligence information not concerning a 

States person or is relevant to an ongoing investigation to pro

international terrorism or clandestine intelligence activities, p

such investigation of a United States person is not conducted 

the basis of activities protected by the first amendment to the 

Constitution.”;

(3) by striking subsection (c)(3); and 

(4) by amending subsection (d)(2)(A) to read as follows: 

“(A) shall specify— 

“(i) the identity, if known, of the person who 

subject of the investigation; 

“(ii) the identity, if known, of the person to w

leased or in whose name is listed the telephon

other facility to which the pen register or trap 

device is to be attached or applied; 

“(iii) the attributes of the communications to 

order applies, such as the number or other ide

if known, the location of the telephone line or 

facility to which the pen register or trap and t

is to be attached or applied and, in the case of 
373

information concerning international terrorism and inserting 

intelligence information not concerning a United States perso

information to protect against international terrorism or cland

intelligence activities, provided that such investigation of a U

person is not conducted solely upon the basis of activities pro

the first amendment to the Constitution”; and 

(2) in subsection (b)(1), by striking “foreign intelligence infor

information concerning international terrorism” and inserting 

intelligence information not concerning a United States perso

information to protect against international terrorism or cland

intelligence activities, provided that such investigation of a U

person is not conducted solely upon the basis of activities pro

the first amendment to the Constitution”. 

ACCESS TO RECORDS AND OTHER ITEMS UNDER THE 

FOREIGN INTELLIGENCE SURVEILLANCE ACT

SEC. 215. 

Title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C

seq.) is amended by striking sections 501 through 503 and inserting th

following:

“ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTEL

AND INTERNATIONAL TERRORISM INVESTIGATIONS

“SEC. 501. 

“(a)(1) The Director of the Federal Bureau of Investigation or a design

Director (whose rank shall be no lower than Assistant Special Agent i

may make an application for an order requiring the production of any 

things (including books, records, papers, documents, and other items) 

investigation to protect against international terrorism or clandestine i

activities, provided that such investigation of a United States person is 

conducted solely upon the basis of activities protected by the first ame

the Constitution. 

“(2) An investigation conducted under this section shall— 
374

Constitution of the United States. 

“(b) Each application under this section— 

“(1) shall be made to— 

“(A) a judge of the court established by section 103(a

“(B) a United States Magistrate Judge under chapter 4

28, United States Code, who is publicly designated by 

Justice of the United States to have the power to hear 

applications and grant orders for the production of tan

things under this section on behalf of a judge of that c

“(2) shall specify that the records concerned are sought for an 

investigation conducted in accordance with subsection (a)(2) 

foreign intelligence information not concerning a United State

to protect against international terrorism or clandestine intelli

activities.

“(c)(1) Upon an application made pursuant to this section, the judge s

an ex parte order as requested, or as modified, approving the release o

the judge finds that the application meets the requirements of this sect

“(2) An order under this subsection shall not disclose that it is 

purposes of an investigation described in subsection (a). 

“(d) No person shall disclose to any other person (other than those per

necessary to produce the tangible things under this section) that the Fe

Bureau of Investigation has sought or obtained tangible things under t

“(e) A person who, in good faith, produces tangible things under an or

pursuant to this section shall not be liable to any other person for such 

production. Such production shall not be deemed to constitute a waiv

privilege in any other proceeding or context. 

“CONGRESSIONAL OVERSIGHT

“SEC. 502. 

“(a) On a semiannual basis, the Attorney General shall fully inform th

Permanent Select Committee on Intelligence of the House of Represen

the Select Committee on Intelligence of the Senate concerning all requ

production of tangible things under section 402. 
375

MODIFICATION OF AUTHORITIES RELATING TO USE OF 

PEN REGISTERS AND TRAP AND TRACE DEVICES

SEC. 216. 

(a) GENERAL LIMITATIONS.—Section 3121(c) of title 18, United State

amended— 

(1) by inserting “or trap and trace device” after “pen register”

(2) by inserting “, routing, addressing,” after “dialing”; and 

(3) by striking “call processing” and inserting “the processing 

transmitting of wire or electronic communications so as not to 

the contents of any wire or electronic communications”. 

(b) ISSUANCE OF ORDERS.—

(1) IN GENERAL.—Section 3123(a) of title 18, United States C

amended to read as follows: 

“(a) IN GENERAL.—

“(1) ATTORNEY FOR THE GOVERNMENT.—Upon an applicatio

under section 3122(a)(1), the court shall enter an ex parte ord

authorizing the installation and use of a pen register or trap an

device anywhere within the United States, if the court finds th

attorney for the Government has certified to the court that the 

information likely to be obtained by such installation and use 

to an ongoing criminal investigation. The order, upon service 

order, shall apply to any person or entity providing wire or ele

communication service in the United States whose assistance 

facilitate the execution of the order. Whenever such an order 

any person or entity not specifically named in the order, upon 

such person or entity, the attorney for the Government or law 

enforcement or investigative officer that is serving the order s

provide written or electronic certification that the order applie

person or entity being served. 

“(2) STATE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER

an application made under section 3122(a)(2), the court shall 

parte order authorizing the installation and use of a pen regist
376

pen register or trap and trace device on a packet-switched data 

of a provider of electronic communication service to the publi

agency shall ensure that a record will be maintained which wi

identify— 

“(i) any officer or officers who installed the d

any officer or officers who accessed the devic

information from the network; 

“(ii) the date and time the device was installe

and time the device was uninstalled, and the d

and duration of each time the device is access

obtain information; 

“(iii) the configuration of the device at the tim

installation and any subsequent modification 

and

“(iv) any information which has been collecte

device.

To the extent that the pen register or trap and 

device can be set automatically to record this 

information electronically, the record shall be 

maintained electronically throughout the insta

use of such device. 

“(B) The record maintained under subparagraph (A) s

provided ex parte and under seal to the court which en

ex parte order authorizing the installation and use of t

within 30 days after termination of the order (includin

extensions thereof).”. 

(2) CONTENTS OF ORDER.—Section 3123(b)(1) of title 18, Un

Code, is amended— 

(A) in subparagraph (A)— 

(i) by inserting “or other facility” after “telep

and

(ii) by inserting before the semicolon at the e

applied”; and 

(B) by striking subparagraph (C) and inserting the fol
377

limits of the order; and. 

(3) NONDISCLOSURE REQUIREMENTS.—Section 3123(d)(2) o

United States Code, is amended— 

(A) by inserting “or other facility” after “the line”; an

(B) by striking “, or who has been ordered by the cou

inserting “or applied, or who is obligated by the order

(c) DEFINITIONS.—

(1) COURT OF COMPETENT JURISDICTION.—Section 3127(2) 

United States Code, is amended by striking subparagraph (A) 

inserting the following: 

“(A) any district court of the United States (including 

magistrate judge of such a court) or any United States 

appeals having jurisdiction over the offense being inv

or”.

(2) PEN REGISTER.—Section 3127(3) of title 18, United State

amended— 

(A) by striking “electronic or other impulses” and all 

through “is attached” and inserting “dialing, routing, 

or signaling information transmitted by an instrument 

from which a wire or electronic communication is tra

provided, however, that such information shall not in

contents of any communication”; and 

(B) by inserting “or process” after “device” each plac

(3) TRAP AND TRACE DEVICE.—Section 3127(4) of title 18, U

States Code, is amended— 

(A) by striking “of an instrument” and all that follows 

the semicolon and inserting “or other dialing, routing

addressing, and signaling information reasonably like

identify the source of a wire or electronic communica

provided, however, that such information shall not in

contents of any communication;”; and 

(B) by inserting “or process” after “a device”. 

(4) CONFORMING AMENDMENT.—Section 3127(1) of title 18

States Code, is amended— 
378

(6) CONFORMING AMENDMENT.—Section 3124(b) of title 18

States Code, is amended by inserting “or other facility” after “

appropriate line”. 

INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATI

SEC. 217. 

Chapter 119 of title 18, United States Code, is amended— 

(1) in section 2510— 

(A) in paragraph (18), by striking “and” at the end; 

(B) in paragraph (19), by striking the period and inser

semicolon; and 

(C) by inserting after paragraph (19) the following: 

“(20) ‘protected computer’ has the meaning set forth in sectio

“(21) ‘computer trespasser’— 

“(A) means a person who accesses a protected compu

authorization and thus has no reasonable expectation 

in any communication transmitted to, through, or from 

protected computer; and 

“(B) does not include a person known by the owner o

of the protected computer to have an existing contrac

relationship with the owner or operator of the protecte

computer for access to all or part of the protected com

and

(2) in section 2511(2), by inserting at the end the following: 

“(i) It shall not be unlawful under this chapte

person acting under color of law to intercept 

electronic communications of a computer tres

transmitted to, through, or from the protected 

if—

“(I) the owner or operator of the prot

computer authorizes the interception 
379

of the computer trespassers commun

will be relevant to the investigation; 

“(IV) such interception does not acqu

communications other than those tran

or from the computer trespasser.”. 

FOREIGN INTELLIGENCE INFORMATION

SEC. 218. 

Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C. §1804(a)(7

1823(a)(7)(B)) of the Foreign Intelligence Surveillance Act of 1978 ar

amended by striking “the purpose” and inserting “a significant purpo

SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORI

SEC. 219. 

Rule 41(a) of the Federal Rules of Criminal Procedure is amended by 

after “executed” the following: “and (3) in an investigation of domest

or international terrorism (as defined in section 2331 of title 18, Unite

Code), by a Federal magistrate judge in any district in which activities 

the terrorism may have occurred, for a search of property or for a pers

or outside the district”. 

NATIONWIDE SERVICE OF SEARCH WARRANTS FOR ELECTRONIC 

SEC. 220. 

(a) IN GENERAL.—Chapter 121 of title 18, United States Code, is ame

(1) in section 2703, by striking “under the Federal Rules of C

Procedure” every place it appears and inserting “using the pro

described in the Federal Rules of Criminal Procedure by a cou

jurisdiction over the offense under investigation”; and 

(2) in section 2711— 

(A) in paragraph (1), by striking “and”; 

(B) in paragraph (2), by striking the period and insert

and”; and 

(C) by inserting at the end the following: 
380

TRADE SANCTIONS

SEC. 221. 

(a) IN GENERAL.—The Trade Sanctions Reform and Export Enhancem

2000 (Public Law 106-387; 114 Stat. 1549A-67) is amended— 

(1) by amending section 904(2)(C) to read as follows: 

“(C) used to facilitate the design, development, or pro

chemical or biological weapons, missiles, or weapons 

destruction.”;

(2) in section 906(a)(1)— 

(A) by inserting “, the Taliban or the territory of Afgh

controlled by the Taliban,” after “Cuba”; and 

(B) by inserting “, or in the territory of Afghanistan c

the Taliban,” after “within such country”; and 

(3) in section 906(a)(2), by inserting “, or to any other entity i

North Korea” after “Korea”. 

(b) APPLICATION OF THE TRADE SANCTIONS REFORM AND EXPORT 

ENHANCEMENT ACT.—Nothing in the Trade Sanctions Reform and E

Enhancement Act of 2000 shall limit the application or scope of any l

establishing criminal or civil penalties, including any Executive order 

regulation promulgated pursuant to such laws (or similar or successor 

the unlawful export of any agricultural commodity, medicine, or medi

to—

(1) a foreign organization, group, or person designated pursua

Executive Order No. 12947 of January 23, 1995, as amended; 

(2) a Foreign Terrorist Organization pursuant to the Antiterro

Effective Death Penalty Act of 1996 (Public Law 104-132); 

(3) a foreign organization, group, or person designated pursua

Executive Order No. 13224 (September 23, 2001); 

(4) any narcotics trafficking entity designated pursuant to Exe

Order No. 12978 (October 21, 1995) or the Foreign Narcotics 

Designation Act (Public Law 106-120); or 
381

SEC. 222. 

Nothing in this Act shall impose any additional technical obligation o

requirement on a provider of a wire or electronic communication serv

person to furnish facilities or technical assistance. A provider of a wir

electronic communication service, landlord, custodian, or other person 

furnishes facilities or technical assistance pursuant to section 216 shal

reasonably compensated for such reasonable expenditures incurred in 

such facilities or assistance. 

CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLOSU

SEC. 223. 

(a) Section 2520 of title 18, United States Code, is amended— 

(1) in subsection (a), after “entity”, by inserting “, other than t

States,”;

(2) by adding at the end the following: 

“(f) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate departm

agency determines that the United States or any of its departments or 

has violated any provision of this chapter, and the court or appropriate 

department or agency finds that the circumstances surrounding the vio

serious questions about whether or not an officer or employee of the U

States acted willfully or intentionally with respect to the violation, the 

or agency shall, upon receipt of a true and correct copy of the decision 

findings of the court or appropriate department or agency promptly in

proceeding to determine whether disciplinary action against the office

employee is warranted. If the head of the department or agency invol

determines that disciplinary action is not warranted, he or she shall no

Inspector General with jurisdiction over the department or agency con

shall provide the Inspector General with the reasons for such determin

and

(3) by adding a new subsection (g), as follows: 

“(g) IMPROPER DISCLOSURE IS VIOLATION.—Any willful disclosure o

investigative or law enforcement officer or governmental entity of inf
382

(2) by striking subsection (d) and inserting the following: 

 “(d) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate departm

agency determines that the United States or any of its departments or 

has violated any provision of this chapter, and the court or appropriate 

department or agency finds that the circumstances surrounding the vio

serious questions about whether or not an officer or employee of the U

States acted willfully or intentionally with respect to the violation, the 

or agency shall, upon receipt of a true and correct copy of the decision 

findings of the court or appropriate department or agency promptly in

proceeding to determine whether disciplinary action against the office

employee is warranted. If the head of the department or agency invol

determines that disciplinary action is not warranted, he or she shall no

Inspector General with jurisdiction over the department or agency con

shall provide the Inspector General with the reasons for such determin

and

(3) by adding a new subsection (g), as follows: 

“(g) IMPROPER DISCLOSURE.—Any willful disclosure of a ‘record’, a

is defined in section 552a(a) of title 5, United States Code, obtained b

investigative or law enforcement officer, or a governmental entity, pu

section 2703 of this title, or from a device installed pursuant to section 

3125 of this title, that is not a disclosure made in the proper performan

official functions of the officer or governmental entity making the dis

violation of this chapter. This provision shall not apply to information 

lawfully disclosed (prior to the commencement of any civil or admini

proceeding under this chapter) to the public by a Federal, State, or loc

governmental entity or by the plaintiff in a civil action under this chap

(c)(1) Chapter 121 of title 18, United States Code, is amended 

at the end the following: 

“§ 2712. Civil actions against the United States 

“(a) IN GENERAL.—Any person who is aggrieved by any willful viola

chapter or of chapter 119 of this title or of sections 106(a), 305(a), or 

the Foreign Intelligence Surveillance Act of 1978 (50 U. S.C. 1801 et 
383

greater; and 

“(2) litigation costs, reasonably incurred. 

“(b) PROCEDURES.—(1) Any action against the United States under th

may be commenced only after a claim is presented to the appropriate 

or agency under the procedures of the Federal Tort Claims Act, as set 

title 28, United States Code. 

“(2) Any action against the United States under this section sh

forever barred unless it is presented in writing to the appropri

agency within 2 years after such claim accrues or unless actio

within 6 months after the date of mailing, by certified or regis

of notice of final denial of the claim by the agency to which it 

presented. The claim shall accrue on the date upon which the 

first has a reasonable opportunity to discover the violation. 

“(3) Any action under this section shall be tried to the court w

jury. 

“(4) Notwithstanding any other provision of law, the procedur

in section 106(f), 305(g), or 405(f) of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. §1801 et seq.) shall be th

means by which materials governed by those sections may be 

“(5) An amount equal to any award against the United States 

section shall be reimbursed by the department or agency conc

fund described in section 1304 of title 31, United States Code

appropriation, fund, or other account (excluding any part of su

appropriation, fund, or account that is available for the enforc

any Federal law) that is available for the operating expenses o

department or agency concerned. 

“(c) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate departm

agency determines that the United States or any of its departments or 

has violated any provision of this chapter, and the court or appropriate 

department or agency finds that the circumstances surrounding the vio

serious questions about whether or not an officer or employee of the U

States acted willfully or intentionally with respect to the violation, the 

or agency shall, upon receipt of a true and correct copy of the decision 

findings of the court or appropriate department or agency promptly in

proceeding to determine whether disciplinary action against the office

employee is warranted. If the head of the department or agency invol
384

(e) STAY OF PROCEEDINGS.—(1) Upon the motion of the United Stat

court shall stay any action commenced under this section if the court d

that civil discovery will adversely affect the ability of the Governmen

a related investigation or the prosecution of a related criminal case. S

shall toll the limitations periods of paragraph (2) of subsection (b). 

“(2) In this subsection, the terms ‘related criminal case’ and ‘r

investigation’ mean an actual prosecution or investigation in p

the time at which the request for the stay or any subsequent m

the stay is made. In determining whether an investigation or a 

case is related to an action commenced under this section, the 

consider the degree of similarity between the parties, witnesse

and circumstances involved in the 2 proceedings, without requ

any one or more factors be identical. 

“(3) In requesting a stay under paragraph (1), the Governmen

appropriate cases, submit evidence ex parte in order to avoid 

any matter that may adversely affect a related investigation or 

criminal case. If the Government makes such an ex parte sub

plaintiff shall be given an opportunity to make a submission t

not ex parte, and the court may, in its discretion, request furth

information from either party.”. 

(2) The table of sections at the beginning of chapter 121 is am

read as follows: 

“2712. Civil action against the United States.”. 

SUNSET

SEC. 224. 

(a) IN GENERAL.—Except as provided in subsection (b), this title and 

amendments made by this title (other than sections 203(a), 203(c), 20

211, 213, 216, 219, 221, and 222, and the amendments made by those 

shall cease to have effect on December 31, 2005. 

(b) EXCEPTION.—With respect to any particular foreign intelligence in

that began before the date on which the provisions referred to in subse

cease to have effect, or with respect to any particular offense or poten
385

Section 105 of the Foreign Intelligence Surveillance Act of 1978 (50 U

1805) is amended by inserting after subsection (g) the following: 

“(h) No cause of action shall lie in any court against any provider of a 

electronic communication service, landlord, custodian, or other person 

any officer, employee, agent, or other specified person thereof) that fu

information, facilities, or technical assistance in accordance with a cou

request for emergency assistance under this Act.”. 

––––––––– 

TITLE VIII—STRENGTHENING THE 

CRIMINAL LAWSAGAINST TERRORISM 

DEFINITION OF DOMESTIC TERRORISM

SEC. 802. 

(a) DOMESTIC TERRORISM DEFINED.—Section 2331 of title 18, Unite

Code, is amended— 

(1) in paragraph (1)(B)(iii), by striking “by assassination or ki

and inserting “by mass destruction, assassination, or kidnappi

(2) in paragraph (3), by striking “and”; 

(3) in paragraph (4), by striking the period at the end and inse

and”; and 

(4) by adding at the end the following: 

“(5) the term ‘domestic terrorism’ means activities that— 

“(A) involve acts dangerous to human life that are a v

the criminal laws of the United States or of any State; 

“(B) appear to be intended— 

“(i) to intimidate or coerce a civilian populati

“(ii) to influence the policy of a government b

intimidation or coercion; or 

“(iii) to affect the conduct of a government by 

destruction, assassination, or kidnapping; an

“(C) occur primarily within the territorial jurisdiction 

United States.”. 
386

SEC. 803. 

(a) IN GENERAL.—Chapter 113B of title 18, United States Code, is am

adding after section 2338 the following new section: 

“§ 2339. Harboring or concealing terrorists 

“(a) Whoever harbors or conceals any person who he knows, or has re

grounds to believe, has committed, or is about to commit, an offense u

section 32 (relating to destruction of aircraft or aircraft facilities), sect

(relating to biological weapons), section 229 (relating to chemical wea

section 831 (relating to nuclear materials), paragraph (2) or (3) of sect

(relating to arson and bombing of government property risking or cau

or death), section 1366(a) (relating to the destruction of an energy fac

section 2280 (relating to violence against maritime navigation), sectio

(relating to weapons of mass destruction), or section 2332b (relating t

terrorism transcending national boundaries) of this title, section 236(a

to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1

U.S.C. §2284(a)), or section 46502 (relating to aircraft piracy) of title 

fined under this title or imprisoned not more than ten years, or both.”. 

“(b) A violation of this section may be prosecuted in any Federal judic

in which the underlying offense was committed, or in any other Feder

district as provided by law.”. 

(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter 113B 

United States Code, is amended by inserting after the item for section 

following:

“2339. Harboring or concealing terrorists.”. 

JURISDICTION OVER CRIMES COMMITTED AT U.S. FACILITIES A

SEC. 804. 

Section 7 of title 18, United States Code, is amended by adding at the 

following:
387

appurtenant or ancillary thereto or used for purposes o

missions or entities, irrespective of ownership; and 

“(B) residences in foreign States and the land appurte

ancillary thereto, irrespective of ownership, used for p

those missions or entities or used by United States pe

assigned to those missions or entities. 

Nothing in this paragraph shall be deemed to supersede any tr

international agreement with which this paragraph conflicts. 

paragraph does not apply with respect to an offense committe

person described in section 3261(a) of this title.”. 

MATERIAL SUPPORT FOR TERRORISM

SEC. 805. 

(a) IN GENERAL.—Section 2339A of title 18, United States Code, is a

(1) in subsection (a)— 

(A) by striking “, within the United States,”; 

(B) by inserting “229,” after “175,”; 

(C) by inserting “1993,” after “1992,”; 

(D) by inserting “, section 236 of the Atomic Energy 

(42 U.S.C. §2284),” after “of this title”; 

(E) by inserting “or 60123(b)” after “46502”; and 

(F) by inserting at the end the following: “A violation 

section may be prosecuted in any Federal judicial dist

which the underlying offense was committed, or in an

Federal judicial district as provided by law.”; and 

(2) in subsection (b)— 

(A) by striking “or other financial securities” and inse

monetary instruments or financial securities”; and 

(B) by inserting “expert advice or assistance,” after “t

(b) TECHNICAL AMENDMENT.—Section 1956(c)(7)(D) of title 18, Un

Code, is amended by inserting “or 2339B” after “2339A”. 
388

(G) All assets, foreign or domestic— 

“(i) of any individual, entity, or organization 

planning or perpetrating any act of domestic 

international terrorism (as defined in section 

against the United States, citizens or resident

United States, or their property, and all assets

domestic, affording any person a source of in

over any such entity or organization; 

“(ii) acquired or maintained by any person w

intent and for the purpose of supporting, plan

conducting, or concealing an act of domestic 

international terrorism (as defined in section 

against the United States, citizens or resident

United States, or their property; or 

“(iii) derived from, involved in, or used or int

used to commit any act of domestic or interna

terrorism (as defined in section 2331) against 

States, citizens or residents of the United Stat

property.”. 

TECHNICAL CLARIFICATION RELATING TO 

PROVISION OF MATERIAL SUPPORT TO TERRORISM

SEC. 807. 

No provision of the Trade Sanctions Reform and Export Enhancemen

2000 (title IX of Public Law 106-387) shall be construed to limit or o

affect section 2339A or 2339B of title 18, United States Code. 

DEFINITION OF FEDERAL CRIME OF TERRORISM

SEC. 808. 

Section 2332b of title 18, United States Code, is amended— 

(1) in subsection (f), by inserting “and any violation of section 

844(e), 844(f)(1), 956(b), 1361, 1366(b), 1366(c), 1751(e), 21

of this title,” before “and the Secretary”; and 
389

special maritime and territorial jurisdiction), 

(relating to biological weapons), 229 (relating 

chemical weapons), subsection (a), (b), (c), o

section 351 (relating to congressional, cabine

Supreme Court assassination and kidnapping

(relating to nuclear materials), 842(m) or (n) 

plastic explosives), 844(f)(2) or (3) (relating t

bombing of Government property risking or c

death), 844(i) (relating to arson and bombing 

used in interstate commerce), 930(c) (relating 

or attempted killing during an attack on a Fed

with a dangerous weapon), 956(a)(1) (relating 

conspiracy to murder, kidnap, or maim perso

1030(a)(1) (relating to protection of compute

1030(a)(5)(A)(i) resulting in damage as defin

1030(a)(5)(B)(ii) through (v) (relating to prot

computers), 1114 (relating to killing or attem

of officers and employees of the United State

(relating to murder or manslaughter of foreig

official guests, or internationally protected pe

1203 (relating to hostage taking), 1362 (relati

destruction of communication lines, stations, 

systems), 1363 (relating to injury to buildings 

property within special maritime and territori

jurisdiction of the United States), 1366(a) (re

destruction of an energy facility), 1751(a), (b

(relating to Presidential and Presidential staff 

assassination and kidnapping), 1992 (relating 

wrecking trains), 1993 (relating to terrorist at

other acts of violence against mass transporta

systems), 2155 (relating to destruction of nati

defense materials, premises, or utilities), 2280 

to violence against maritime navigation), 228

to violence against maritime fixed platforms)

(relating to certain homicides and other viole

United States nationals occurring outside of t
390

2340A (relating to torture) of this title; 

“(ii) section 236 (relating to sabotage of nucl

or fuel) of the Atomic Energy Act of 1954 (4

§2284); or 

“(iii) section 46502 (relating to aircraft piracy

second sentence of section 46504 (relating to 

a flight crew with a dangerous weapon), secti

46505(b)(3) or (c) (relating to explosive or in

devices, or endangerment of human life by m

weapons, on aircraft), section 46506 if homic

attempted homicide is involved (relating to ap

of certain criminal laws to acts on aircraft), o

60123(b) (relating to destruction of interstate 

hazardous liquid pipeline facility) of title 49.”

––––––––– 

TITLE X—MISCELLANEOUS 

DEFINITION OF “ELECTRONIC SURVEILLANCE”

SEC. 1003. 

 Section 101(f)(2) of the Foreign Intelligence Surveillance Act (50 U.

§1801(f)(2)) is amended by adding at the end before the semicolon th

“, but does not include the acquisition of those communications of com

trespassers that would be permissible under section 2511(2)(i) of title 

States Code”. 
391

other purposes. 

Be it enacted by the Senate and House of Representatives of the Unite

America in Congress assembled, 

SHORT TITLE; TABLE OF CONTENTS

SECTION 1.

(a) SHORT TITLE.—This Act may be cited as the “USA PATRIOT Im

and Reauthorization Act of 2005”. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as fol

SEC. 1. Short title; table of contents. 

TITLE I—USA PATRIOT IMPROVEMENT AND REAUTHORIZATION A

SEC. 101. References to, and modification of short title for, USA PAT

SEC. 102. USA PATRIOT Act sunset provisions. 

SEC. 103. Extension of sunset relating to individual terrorists as agen

powers. 

SEC. 104. Section 2332b and the material support sections of title 18, 

States Code. 

SEC. 105. Duration of FISA surveillance of non-United States person

section 207 of the USA PATRIOT Act. 

SEC. 106. Access to certain business records under section 215 of the 

PATRIOT Act. 

SEC. 106A. Audit on access to certain business records for foreign inte

purposes. 

SEC. 107. Enhanced oversight of good-faith emergency disclosures u

212 of the USA PATRIOT Act. 

SEC. 108. Multipoint electronic surveillance under section 206 of the 

PATRIOT Act. 

SEC. 109. Enhanced congressional oversight. 

SEC. 110. Attacks against railroad carriers and mass transportation sy

SEC. 111. Forfeiture. 

SEC. 112. Section 2332b(g)(5)(B) amendments relating to the definit

Federal crime of terrorism. 

SEC. 113. Amendments to section 2516(1) of title 18, United States C

SEC. 114. Delayed notice search warrants. 
392

SEC. 121. Penal provisions regarding trafficking in contraband cigare

smokeless tobacco. 

SEC. 122. Prohibition of narco-terrorism. 

SEC. 123. Interfering with the operation of an aircraft. 

SEC. 124. Sense of Congress relating to lawful political activity. 

SEC. 125. Removal of civil liability barriers that discourage the dona

equipment to volunteer fire companies. 

SEC. 126. Report on data-mining activities. 

SEC. 127. Sense of Congress. 

SEC. 128. USA PATRIOT Act section 214; authority for disclosure o

information in connection with orders for pen register and 

trace authority under FISA. 

TITLE II—TERRORIST DEATH PENALTY ENHANCEMENT

SEC. 201. Short title. 

SUBTITLE A—TERRORIST PENALTIES ENHANCEMENT ACT

SEC. 211. Death penalty procedures for certain air piracy cases occur

enactment of the Federal Death Penalty Act of 1994. 

SEC. 212. Postrelease supervision of terrorists. 

SUBTITLE B—FEDERAL DEATH PENALTY PROCEDURES

SEC. 221. Elimination of procedures applicable only to certain Contr

Substances Act cases. 

SEC. 222. Counsel for financially unable defendants. 

TITLE III—REDUCING CRIME AND TERRORISM AT AMERICA’S SEAPO

SEC. 301. Short title. 

SEC. 302. Entry by false pretenses to any seaport. 

SEC. 303. Criminal sanctions for failure to heave to, obstruction of bo

providing false information. 

SEC. 304. Criminal sanctions for violence against maritime navigatio

of destructive devices. 

SEC. 305. Transportation of dangerous materials and terrorists. 

SEC. 306. Destruction of, or interference with, vessels or maritime fa

SEC. 307. Theft of interstate or foreign shipments or vessels. 

SEC. 308. Stowaways on vessels or aircraft. 

SEC. 309. Bribery affecting port security. 

SEC. 310. Penalties for smuggling goods into the United States. 
393

international organizations. 

SEC. 405. Money laundering through hawalas. 

SEC. 406. Technical and conforming amendments relating to the USA 

Act.

SEC. 407. Cross reference correction. 

SEC. 408. Amendment to amendatory language. 

SEC. 409. Designation of additional money laundering predicate. 

SEC. 410. Uniform procedures for criminal forfeiture. 

TITLE V—MISCELLANEOUS PROVISIONS

SEC. 501. Residence of United States attorneys and assistant United S

attorneys. 

SEC. 502. Interim appointment of United States Attorneys. 

SEC. 503. Secretary of Homeland Security in Presidential line of succ

SEC. 504. Bureau of Alcohol, Tobacco and Firearms to the Departme

SEC. 505. Qualifications of United States Marshals. 

SEC. 506. Department of Justice intelligence matters. 

SEC. 507. Review by Attorney General. 

TITLE VI—SECRET SERVICE

SEC. 601. Short title. 

SEC. 602. Interference with national special security events. 

SEC. 603. False credentials to national special security events. 

SEC. 604. Forensic and investigative support of missing and exploited 

cases.

SEC. 605. The Uniformed Division, United States Secret Service. 

SEC. 606. Savings provisions. 

SEC. 607. Maintenance as distinct entity. 

SEC. 608. Exemptions from the Federal Advisory Committee Act. 

TITLE VII—COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 200

SEC. 701. Short title. 

SUBTITLE A—DOMESTIC REGULATION OF PRECURSOR CHEMICAL

SEC. 711. Scheduled listed chemical products; restrictions on sales qu

behind-the-counter access, and other safeguards. 

SEC. 712. Regulated transactions. 

SEC. 713. Authority to establish production quotas. 

SEC. 714. Penalties; authority for manufacturing; quota. 
394

SUBTITLE B—INTERNATIONAL REGULATION OF PRECURSOR CHEMIC

SEC. 721. Information on foreign chain of distribution; import restric

regarding failure of distributors to cooperate. 

SEC. 722. Requirements relating to the largest exporting and importin

of certain precursor chemicals. 

SEC. 723. Prevention of smuggling of methamphetamine into the Uni

from Mexico. 

SUBTITLE C—ENHANCED CRIMINAL PENALTIES FOR 

METHAMPHETAMINE PRODUCTION AND TRAFFICKING

SEC. 731. Smuggling methamphetamine or methamphetamine precur

chemicals into the United States while using facilitated ent

SEC. 732. Manufacturing controlled substances on Federal property. 

SEC. 733. Increased punishment for methamphetamine kingpins. 

SEC. 734. New child-protection criminal enhancement. 

SEC. 735. Amendments to certain sentencing court reporting requirem

SEC. 736. Semiannual reports to Congress. 

SUBTITLE D—ENHANCED ENVIRONMENTAL REGULATION OF 

METHAMPHETAMINE BYPRODUCTS

SEC. 741. Biennial report to Congress on agency designations of by-p

methamphetamine laboratories as hazardous materials. 

SEC. 742. Methamphetamine production report. 

SEC. 743. Cleanup costs. 

SUBTITLE E—ADDITIONAL PROGRAMS AND ACTIVITIES

SEC. 751. Improvements to Department of Justice drug court grant pr

SEC. 752. Drug courts funding. 

SEC. 753. Feasibility study on Federal drug courts. 

SEC. 754. Grants to hot spot areas to reduce availability of methamph

SEC. 755. Grants for programs for drug-endangered children. 

SEC. 756. Authority to award competitive grants to address methamp

by pregnant and parenting women offenders. 
395

SEC. 101. 

(a) REFERENCES TO USA PATRIOT ACT.—A reference in this Act to 

PATRIOT Act shall be deemed a reference to the Uniting and Strengt

America by Providing Appropriate Tools Required to Intercept and O

Terrorism Act (USA PATRIOT Act) of 2001. 

(b) MODIFICATION OF SHORT TITLE OF USA PATRIOT ACT.—Sectio

the USA PATRIOT Act is amended to read as follows: 

“(a) SHORT TITLE.—This Act may be cited as the ‘Uniting and Streng

America by Providing Appropriate Tools Required to Intercept and O

Terrorism Act of 2001’ or the ‘USA PATRIOT Act’.”. 

USA PATRIOT ACT SUNSET PROVISIONS

SEC. 102. 

(a) IN GENERAL.—Section 224 of the USA PATRIOT Act is repealed

(b) SECTIONS 206 AND 215 SUNSET.—

(1) IN GENERAL.—Effective December 31, 2009, the Foreign 

Intelligence Surveillance Act of 1978 is amended so that secti

502, and 105(c)(2) read as they read on October 25, 2001. 

(2) EXCEPTION.—With respect to any particular foreign intell

investigation that began before the date on which the provisio

to in paragraph (1) cease to have effect, or with respect to any 

offense or potential offense that began or occurred before the 

which such provisions cease to have effect, such provisions sh

continue in effect. 

EXTENSION OF SUNSET RELATING TO 

INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWE

SEC. 103. 

Section 6001(b) of the Intelligence Reform and Terrorism Prevention 

2004 (Public Law 108-458; 118 Stat. 3742) is amended to read as foll

“(b) SUNSET.—

“(1) IN GENERAL.—Except as provided in paragraph (2), the 

made by subsection (a) shall cease to have effect on Decembe
396

SECTION 233B AND THE MATERIAL SUPPORT SECTIONS 

OF TITLE 18, UNITED STATES CODE

SEC. 104. 

Section 6603 of the Intelligence Reform and Terrorism Prevention Ac

(Public Law 108-458; 118 Stat. 3762) is amended by striking subsecti

DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES P

UNDER SECTION 207 OF THE USA PATRIOT ACT

SEC. 105. 

(a) ELECTRONIC SURVEILLANCE.—Section 105(e) of the Foreign Inte

Surveillance Act of 1978 (50 U.S.C. §1805(e)) is amended— 

(1) in paragraph (1)(B), by striking “, as defined in section 10

and inserting “who is not a United States person”; and 

(2) in subsection (2)(B), by striking “as defined in section 101

and inserting “who is not a United States person”. 

(b) PHYSICAL SEARCH.—Section 304(d) of such Act (50 U.S.C. §182

amended— 

(1) in paragraph (1)(B), by striking “as defined in section 101

and inserting “who is not a United States person”; and 

(2) in paragraph (2), by striking “as defined in section 101(b)(

inserting “who is not a United States person”. 

(c) PEN REGISTERS, TRAP AND TRACE DEVICES.—Section 402(e) of s

U.S.C. §1842(e)) is amended— 

(1) by striking “(e) An” and inserting “(e)(1) Except as provid

paragraph (2), an”; and 

(2) by adding at the end the following new paragraph: 

“(2) In the case of an application under subsection (c) where t

applicant has certified that the information likely to be obtain

foreign intelligence information not concerning a United State

an order, or an extension of an order, under this section may b

period not to exceed one year.”. 
397

§1861(a)) is amended— 

(1) in paragraph (1), by striking “The Director” and inserting 

paragraph (3), the Director”; and 

(2) by adding at the end the following: 

“(3) In the case of an application for an order requiring the pr

library circulation records, library patron lists, book sales reco

customer lists, firearms sales records, tax return records, educ

records, or medical records containing information that would 

person, the Director of the Federal Bureau of Investigation ma

the authority to make such application to either the Deputy Di

the Federal Bureau of Investigation or the Executive Assistan

for National Security (or any successor position). The Deputy 

the Executive Assistant Director may not further delegate suc

authority.”. 

(b) FACTUAL BASIS FOR REQUESTED ORDER.—Subsection (b)(2) of s

is amended to read as follows: 

“(2) shall include— 

“(A) a statement of facts showing that there are reaso

grounds to believe that the tangible things sought are 

an authorized investigation (other than a threat assess

conducted in accordance with subsection (a)(2) to obt

intelligence information not concerning a United Stat

to protect against international terrorism or clandestin

intelligence activities, such things being presumptivel

to an authorized investigation if the applicant shows i

statement of the facts that they pertain to— 

“(i) a foreign power or an agent of a foreign p

“(ii) the activities of a suspected agent of a fo

power who is the subject of such authorized 

investigation; or 

“(iii) an individual in contact with, or known 

suspected agent of a foreign power who is the 

such authorized investigation; and 
398

(c) CLARIFICATION OF JUDICIAL DISCRETION.—Subsection (c)(1) of s

is amended to read as follows: 

“(c)(1) Upon an application made pursuant to this section, if the judge 

the application meets the requirements of subsections (a) and (b), the j

enter an ex parte order as requested, or as modified, approving the rele

tangible things. Such order shall direct that minimization procedures 

pursuant to subsection (g) be followed.”. 

(d) ADDITIONAL PROTECTIONS.—Subsection (c)(2) of such section is 

read as follows: 

“(2) An order under this subsection— 

“(A) shall describe the tangible things that are ordered 

produced with sufficient particularity to permit them 

identified;

“(B) shall include the date on which the tangible thing

provided, which shall allow a reasonable period of tim

which the tangible things can be assembled and made 

“(C) shall provide clear and conspicuous notice of the 

and procedures described in subsection (d); 

“(D) may only require the production of a tangible th

thing can be obtained with a subpoena duces tecum is

court of the United States in aid of a grand jury invest

with any other order issued by a court of the United S

directing the production of records or tangible things; 

“(E) shall not disclose that such order is issued for pu

an investigation described in subsection (a).”. 

 (e) PROHIBITIONS ON DISCLOSURE.—Subsection (d) of such section i

to read as follows: 

“(d)(1) No person shall disclose to any other person that the Federal B

Investigation has sought or obtained tangible things pursuant to an ord

this section, other than to— 
399

(2)(A) A person to whom disclosure is made pursuant to par

shall be subject to the nondisclosure requirements applicable 

to whom an order is directed under this section in the same m

such person. 

“(B) Any person who discloses to a person described 

subparagraph (A), (B), or (C) of paragraph (1) that th

Bureau of Investigation has sought or obtained tangib

pursuant to an order under this section shall notify su

of the nondisclosure requirements of this subsection. 

“(C) At the request of the Director of the Federal Bur

Investigation or the designee of the Director, any pers

or intending to make a disclosure under this section sh

to the Director or such designee the person to whom s

disclosure will be made or to whom such disclosure w

prior to the request, but in no circumstance shall a per

required to inform the Director or such designee that 

intends to consult an attorney to obtain legal advice o

assistance.”. 

(f) JUDICIAL REVIEW.—

(1) PETITION REVIEW POOL.—Section 103 of the Foreign Inte

Surveillance Act of 1978 (50 U.S.C. §1803) is amended by ad

end the following new subsection: 

“(e)(1) Three judges designated under subsection (a) who reside withi

of the District of Columbia, or, if all of such judges are unavailable, o

of the court established under subsection (a) as may be designated by 

presiding judge of such court, shall comprise a petition review pool w

have jurisdiction to review petitions filed pursuant to section 501(f)(1

“(2) Not later than 60 days after the date of the enactment of t

PATRIOT Improvement and Reauthorization Act of 2005, the 

established under subsection (a) shall adopt and, consistent w

protection of national security, publish procedures for the rev

petitions filed pursuant to section 501(f)(1) by the panel estab

under paragraph (1). Such procedures shall provide that revie
400

“(f)(1) A person receiving an order to produce any tangible thing unde

section may challenge the legality of that order by filing a petition wit

established by section 103(e)(1). The presiding judge shall immediate

the petition to one of the judges serving in such pool. Not later than 7

after the assignment of such petition, the assigned judge shall conduct 

review of the petition. If the assigned judge determines that the petiti

frivolous, the assigned judge shall immediately deny the petition and 

order. If the assigned judge determines the petition is not frivolous, th

judge shall promptly consider the petition in accordance with the proc

established pursuant to section 103(e)(2). The judge considering the p

modify or set aside the order only if the judge finds that the order doe

the requirements of this section or is otherwise unlawful. If the judge 

modify or set aside the order, the judge shall immediately affirm the o

order the recipient to comply therewith. The assigned judge shall pro

provide a written statement for the record of the reasons for any determ

under this paragraph. 

“(2) A petition for review of a decision to affirm, modify, or s

order by the United States or any person receiving such order 

the court of review established under section 103(b), which sh

jurisdiction to consider such petitions. The court of review sh

for the record a written statement of the reasons for its decisio

petition of the United States or any person receiving such ord

of certiorari, the record shall be transmitted under seal to the S

Court, which shall have jurisdiction to review such decision. 

“(3) Judicial proceedings under this subsection shall be conclu

expeditiously as possible. The record of proceedings, includi

filed, orders granted, and statements of reasons for decision, s

maintained under security measures established by the Chief J

the United States in consultation with the Attorney General an

Director of National Intelligence. 

“(4) All petitions under this subsection shall be filed under se

proceedings under this subsection, the court shall, upon reque

government, review ex parte and in camera any government s

or portions thereof, which may include classified information
401

enactment of the USA PATRIOT Improvement and Reauthor

of 2005, the Attorney General shall adopt specific minimizati

procedures governing the retention and dissemination by the F

Bureau of Investigation of any tangible things, or information 

received by the Federal Bureau of Investigation in response to 

under this title. 

“(2) DEFINED.—In this section, the term ‘minimization proce

means— 

“(A) specific procedures that are reasonably designed 

the purpose and technique of an order for the product

tangible things, to minimize the retention, and prohib

dissemination, of nonpublicly available information c

unconsenting United States persons consistent with th

the United States to obtain, produce, and disseminate 

intelligence information; 

“(B) procedures that require that nonpublicly availabl

information, which is not foreign intelligence informa

defined in section 101(e)(1), shall not be disseminated 

manner that identifies any United States person, witho

person’s consent, unless such person’s identity is nec

understand foreign intelligence information or assess 

importance; and 

“(C) notwithstanding subparagraphs (A) and (B), pro

allow for the retention and dissemination of informati

evidence of a crime which has been, is being, or is ab

committed and that is to be retained or disseminated f

enforcement purposes. 

“(h) USE OF INFORMATION.—Information acquired from tangible thin

by the Federal Bureau of Investigation in response to an order under t

concerning any United States person may be used and disclosed by Fe

officers and employees without the consent of the United States perso

accordance with the minimization procedures adopted pursuant to sub

No otherwise privileged information acquired from tangible things rec

the Federal Bureau of Investigation in accordance with the provisions 

shall lose its privileged character. No information acquired from tang

received by the Federal Bureau of Investigation in response to an orde
402

(A) by striking semiannual basis and inserting ann

and

(B) by inserting “and the Committee on the Judiciary

the Select Committee on Intelligence”; 

(2) in subsection (b)— 

(A) by striking “On a semiannual basis” and all that f

through “the preceding 6-month period” and inserting 

of each year, the Attorney General shall submit to the 

Senate Committees on the Judiciary and the House Pe

Select Committee on Intelligence and the Senate Sele

Committee on Intelligence a report setting forth with 

the preceding calendar year”; 

(B) in paragraph (1), by striking “and” at the end; 

(C) in paragraph (2), by striking the period at the end 

inserting “; and”; and 

(D) by adding at the end the following new paragraph

“(3) the number of such orders either granted, modified, or de

production of each of the following: 

“(A) Library circulation records, library patron lists, b

records, or book customer lists. 

“(B) Firearms sales records. 

“(C) Tax return records. 

“(D) Educational records. 

“(E) Medical records containing information that wou

a person.”; and 

(3) by adding at the end the following new subsection: 

“(c)(1) In April of each year, the Attorney General shall submit to Con

report setting forth with respect to the preceding year— 

“(A) the total number of applications made for orders 

requests for the production of tangible things under se

and

“(B) the total number of such orders either granted, m

denied.
403

SEC. 106A. 

(a) AUDIT.—The Inspector General of the Department of Justice shall 

comprehensive audit of the effectiveness and use, including any impro

illegal use, of the investigative authority provided to the Federal Bure

Investigation under title V of the Foreign Intelligence Surveillance Ac

(50 U.S.C. §1861 et seq.). 

(b) REQUIREMENTS.—The audit required under subsection (a) shall in

(1) an examination of each instance in which the Attorney Ge

other officer, employee, or agent of the Department of Justice

Director of the Federal Bureau of Investigation, or a designee 

Director, submitted an application to the Foreign Intelligence 

Surveillance Court (as such term is defined in section 301(3) 

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §18

an order under section 501 of such Act during the calendar ye

through 2006, including— 

(A) whether the Federal Bureau of Investigation requ

the Department of Justice submit an application and t

was not submitted to the court (including an examina

basis for not submitting the application); 

(B) whether the court granted, modified, or denied the 

application (including an examination of the basis fo

modification or denial); 

(2) the justification for the failure of the Attorney General to i

implementing procedures governing requests for the productio

tangible things under such section in a timely fashion, includi

such delay harmed national security; 

(3) whether bureaucratic or procedural impediments to the us

requests for production prevent the Federal Bureau of Investig

taking full advantage of the authorities provided under section 

such Act; 

(4) any noteworthy facts or circumstances relating to orders u

section, including any improper or illegal use of the authority 

under such section; and 

(5) an examination of the effectiveness of such section as an 

investigative tool, including— 
404

Investigation, including any direct access to such info

(such as access to “raw data”) provided to any other D

agency, or instrumentality of Federal, State, local, or 

governments or any private sector entity; 

(C) with respect to calendar year 2006, an examinatio

minimization procedures adopted by the Attorney Ge

section 501(g) of such Act and whether such minimiz

procedures protect the constitutional rights of United 

persons;

(D) whether, and how often, the Federal Bureau of In

utilized information acquired pursuant to an order und

501 of such Act to produce an analytical intelligence 

distribution within the Federal Bureau of Investigatio

intelligence community (as such term is defined in se

of the National Security Act of 1947 (50 U.S.C. §401

other Federal, State, local, or tribal government Depa

agencies, or instrumentalities; and 

(E) whether, and how often, the Federal Bureau of Inv

provided such information to law enforcement author

in criminal proceedings. 

(c) SUBMISSION DATES.—

(1) PRIOR YEARS.—Not later than one year after the date of th

enactment of this Act, or upon completion of the audit under t

for calendar years 2002, 2003, and 2004, whichever is earlier, 

Inspector General of the Department of Justice shall submit to 

Committee on the Judiciary and the Permanent Select Commi

Intelligence of the House of Representatives and the Committ

Judiciary and the Select Committee on Intelligence of the Sen

containing the results of the audit conducted under this section 

calendar years 2002, 2003, and 2004. 

(2) CALENDAR YEARS 2005 AND 2006.—Not later than Decem

2007, or upon completion of the audit under this section for c

years 2005 and 2006, whichever is earlier, the Inspector Gene

Department of Justice shall submit to the Committee on the Ju

the Permanent Select Committee on Intelligence of the House 

Representatives and the Committee on the Judiciary and the S
405

Department of Justice shall provide such report to the Attorne

and the Director of National Intelligence. 

(2) COMMENTS.—The Attorney General or the Director of Na

Intelligence may provide comments to be included in the repo

submitted under subsections (c)(1) and (c)(2) as the Attorney 

the Director of National Intelligence may consider necessary. 

(e) UNCLASSIFIED FORM.—The reports submitted under subsections (

(c)(2) and any comments included under subsection (d)(2) shall be in 

form, but may include a classified annex. 

ENHANCED OVERSIGHT OF GOOD-FAITH EMERGENCY DISCLO

UNDER SECTION 212 OF THE USA PATRIOT ACT

SEC. 107. 

(a) ENHANCED OVERSIGHT.—Section 2702 of title 18, United States C

amended by adding at the end the following: 

“(d) REPORTING OF EMERGENCY DISCLOSURES.—On an annual basis

Attorney General shall submit to the Committee on the Judiciary of th

Representatives and the Committee on the Judiciary of the Senate a re

containing— 

“(1) the number of accounts from which the Department of Ju

received voluntary disclosures under subsection (b)(8); and 

“(2) a summary of the basis for disclosure in those instances w

“(A) voluntary disclosures under subsection (b)(8) we

the Department of Justice; and 

“(B) the investigation pertaining to those disclosures 

without the filing of criminal charges.”. 

(b) TECHNICAL AMENDMENTS TO CONFORM COMMUNICATIONS AND 

RECORDS EXCEPTIONS.—

(1) VOLUNTARY DISCLOSURES.—Section 2702 of title 18, Un

Code, is amended— 

(A) in subsection (b)(8), by striking “Federal, State, o

and
406

(2) DEFINITIONS.—Section 2711 of title 18, United States Co

amended— 

(A) in paragraph (2), by striking “and” at the end; 

(B) in paragraph (3), by striking the period at the end 

inserting “; and”; and 

(C) by adding at the end the following: 

“(4) the term ‘governmental entity’ means a department or ag

United States or any State or political subdivision thereof.”. 

(c) ADDITIONAL EXCEPTION.—Section 2702(a) of title 18, United Sta

amended by inserting “or (c)” after “Except as provided in subsection 

MULTIPOINT ELECTRONIC SURVEILLANCE UNDER 

SECTION 206 OF THE USA PATRIOT ACT

SEC. 108. 

(a) INCLUSION OF SPECIFIC FACTS IN APPLICATION.— 

(1) APPLICATION.—Section 104(a)(3) of the Foreign Intellige

Surveillance Act of 1978 (50 U.S.C. §1804(a)(3)) is amended 

inserting “specific” after “description of the”. 

(2) ORDER.—Subsection (c) of section 105 of the Foreign Int

Surveillance Act of 1978 (50 U.S.C. §1805(c)) is amended— 

(A) in paragraph (1)(A) by striking “target of the elec

surveillance” and inserting “specific target of the elec

surveillance identified or described in the application 

section 104(a)(3)”; and 

(B) in paragraph (2)(B), by striking “where the Court 

inserting “where the Court finds, based upon specific 

provided in the application,”. 

(b) ADDITIONAL DIRECTIONS.—Such subsection is further amended— 

(1) by striking “An order approving” and all that follows thro

“specify” and inserting “(1) SPECIFICATIONS—An order appr

electronic surveillance under this section shall specify”; 

(2) in paragraph (1)(F), by striking “; and” and inserting a per
407

an electronic surveillance under this section in circumstances 

nature and location of each of the facilities or places at which 

surveillance will be directed is unknown shall direct the appli

provide notice to the court within ten days after the date on w

surveillance begins to be directed at any new facility or place

court finds good cause to justify a longer period of up to 60 d

“(A) the nature and location of each new facility or pl

which the electronic surveillance is directed; 

“(B) the facts and circumstances relied upon by the ap

justify the applicant’s belief that each new facility or 

which the electronic surveillance is directed is or was 

used, or is about to be used, by the target of the surve

“(C) a statement of any proposed minimization proce

differ from those contained in the original application 

that may be necessitated by a change in the facility or 

which the electronic surveillance is directed; and 

“(D) the total number of electronic surveillances that 

or are being conducted under the authority of the orde

(c) ENHANCED OVERSIGHT.—

(1) REPORT TO CONGRESS.—Section 108(a)(1) of the Foreign 

Intelligence Surveillance Act of 1978 (50 U.S.C. §1808(a)(1)

amended by inserting “, and the Committee on the Judiciary o

Senate,” after “Senate Select Committee on Intelligence”. 

(2) MODIFICATION OF SEMIANNUAL REPORT REQUIREMENT O

ACTIVITIES UNDER FOREIGN INTELLIGENCE SURVEILLANCE A

1978.—Paragraph (2) of section 108(a) of the Foreign Intellig

Surveillance Act of 1978 (50 U.S.C. §1808(a)) is amended to 

follows:

“(2) Each report under the first sentence of paragraph (1) shal

description of— 

“(A) the total number of applications made for orders 

extensions of orders approving electronic surveillance 

title where the nature and location of each facility or p

which the electronic surveillance will be directed is u
408

surveillance..

ENHANCED CONGRESSIONAL OVERSIGHT

SEC. 109. 

(a) EMERGENCY PHYSICAL SEARCHES.—Section 306 of the Foreign I

Surveillance Act of 1978 (50 U.S.C. §1826) is amended— 

(1) in the first sentence, by inserting “, and the Committee on 

Judiciary of the Senate,” after “the Senate”; 

(2) in the second sentence, by striking “and the Committees o

Judiciary of the House of Representatives and the Senate” and 

“and the Committee on the Judiciary of the House of Represe

(3) in paragraph (2), by striking “and” at the end; 

(4) in paragraph (3), by striking the period at the end and inse

and”; and 

(5) by adding at the end the following: 

“(4) the total number of emergency physical searches authoriz

Attorney General under section 304(e) and the total number o

subsequent orders approving or denying such physical search

(b) EMERGENCY PEN REGISTERS AND TRAP AND TRACE DEVICES.—S

406(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C

is amended— 

(1) in paragraph (1), by striking “and” at the end; 

(2) in paragraph (2), by striking the period at the end and inse

and”; and 

(3) by adding at the end the following: 

“(3) the total number of pen registers and trap and trace devic

installation and use was authorized by the Attorney General o

emergency basis under section 403, and the total number of su

orders approving or denying the installation and use of such p

and trap and trace devices.”. 
409

conducted during the previous six months) and the resources devoted 

investigations. The first such report shall be submitted not later than A

2006. 

(d) RULES AND PROCEDURES FOR FISA COURTS.—Section 103 of the 

Intelligence Surveillance Act of 1978 (50 U.S.C. §1803) is amended b

the end the following: 

“(f)(1) The courts established pursuant to subsections (a) and (b) may 

such rules and procedures, and take such actions, as are reasonably ne

administer their responsibilities under this Act. 

“(2) The rules and procedures established under paragraph (1)

modifications of such rules and procedures, shall be recorded

be transmitted to the following: 

“(A) All of the judges on the court established pursua

subsection (a). 

“(B) All of the judges on the court of review establish

pursuant to subsection (b). 

“(C) The Chief Justice of the United States. 

“(D) The Committee on the Judiciary of the Senate. 

“(E) The Select Committee on Intelligence of the Sen

“(F) The Committee on the Judiciary of the House of 

Representatives. 

“(G) The Permanent Select Committee on Intelligenc

House of Representatives. 

“(3) The transmissions required by paragraph (2) shall be sub

unclassified form, but may include a classified annex.”. 

JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS

SEC. 115. 

Chapter 223 of title 18, United States Code, is amended— 

(1) by inserting at the end of the table of sections the followin

“3511. Judicial review of requests for information.”; and 

(2) by inserting after section 3510 the following: 
410

resides, petition for an order modifying or setting aside the request. T

may modify or set aside the request if compliance would be unreasona

oppressive, or otherwise unlawful. 

“(b)(1) The recipient of a request for records, a report, or other inform

section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair 

Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy 

section 802(a) of the National Security Act of 1947, may petition any 

described in subsection (a) for an order modifying or setting aside a 

nondisclosure requirement imposed in connection with such a request

“(2) If the petition is filed within one year of the request for re

report, or other information under section 2709(b) of this title

626(a) or (b) or 627(a) of the Fair Credit Reporting Act, sectio

1114(a)(5)(A) of the Right to Financial Privacy Act, or sectio

the National Security Act of 1947, the court may modify or se

such a nondisclosure requirement if it finds that there is no re

believe that disclosure may endanger the national security of t

States, interfere with a criminal, counterterrorism, or counteri

investigation, interfere with diplomatic relations, or endanger 

physical safety of any person. If, at the time of the petition, th

General, Deputy Attorney General, an Assistant Attorney Gen

Director of the Federal Bureau of Investigation, or in the case 

request by a department, agency, or instrumentality of the Fed

Government other than the Department of Justice, the head or 

head of such department, agency, or instrumentality, certifies 

disclosure may endanger the national security of the United S

interfere with diplomatic relations, such certification shall be 

conclusive unless the court finds that the certification was ma

faith.

“(3) If the petition is filed one year or more after the request f

a report, or other information under section 2709(b) of this tit

626(a) or (b) or 627(a) of the Fair Credit Reporting Act, sectio

1114(a)(5)(A) of the Right to Financial Privacy Act, or sectio

the National Security Act of 1947, the Attorney General, Dep

Attorney General, an Assistant Attorney General, or the Direc

Federal Bureau of Investigation, or his designee in a position 

than Deputy Assistant Director at Bureau headquarters or a Sp
411

danger to the national security of the United States, interferen

criminal, counterterrorism, or counterintelligence investigatio

interference with diplomatic relations, or danger to the life or 

safety of any person. In the event of re-certification, the cour

modify or set aside such a nondisclosure requirement if it find

is no reason to believe that disclosure may endanger the natio

of the United States, interfere with a criminal, counterterrorism

counterintelligence investigation, interfere with diplomatic re

endanger the life or physical safety of any person. If the recer

that disclosure may endanger the national security of the Unit

interfere with diplomatic relations is made by the Attorney Ge

Deputy Attorney General, an Assistant Attorney General, or t

of the Federal Bureau of Investigation, such certification shal

as conclusive unless the court finds that the recertification wa

bad faith. If the court denies a petition for an order modifying 

aside a nondisclosure requirement under this paragraph, the re

shall be precluded for a period of one year from filing another 

modify or set aside such nondisclosure requirement. 

“(c) In the case of a failure to comply with a request for records, a rep

information made to any person or entity under section 2709(b) of thi

section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, sectio

1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) 

National Security Act of 1947, the Attorney General may invoke the a

district court of the United States within the jurisdiction in which the 

investigation is carried on or the person or entity resides, carries on bu

may be found, to compel compliance with the request. The court may 

order requiring the person or entity to comply with the request. Any f

obey the order of the court may be punished by the court as contempt 

Any process under this section may be served in any judicial district i

person or entity may be found. 

“(d) In all proceedings under this section, subject to any right to an op

in a contempt proceeding, the court must close any hearing to the exte

necessary to prevent an unauthorized disclosure of a request for record

or other information made to any person or entity under section 2709(

title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, 

1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) 
412

(e) In all proceedings under this section, the court shall, upon request 

government, review ex parte and in camera any government submissio

portions thereof, which may include classified information.”. 

CONFIDENTIALITY OF NATIONAL SECURITY LETTERS

SEC. 116. 

(a) Section 2709(c) of title 18, United States Code, is amended to read

“(c) PROHIBITION OF CERTAIN DISCLOSURE.—

“(1) If the Director of the Federal Bureau of Investigation, or 

designee in a position not lower than Deputy Assistant Direct

Bureau headquarters or a Special Agent in Charge in a Bureau 

office designated by the Director, certifies that otherwise ther

result a danger to the national security of the United States, in

with a criminal, counterterrorism, or counterintelligence inves

interference with diplomatic relations, or danger to the life or 

safety of any person, no wire or electronic communications se

provider, or officer, employee, or agent thereof, shall disclose 

person (other than those to whom such disclosure is necessary 

with the request or an attorney to obtain legal advice or legal 

with respect to the request) that the Federal Bureau of Investig

sought or obtained access to information or records under this 

“(2) The request shall notify the person or entity to whom the 

directed of the nondisclosure requirement under paragraph (1)

“(3) Any recipient disclosing to those persons necessary to co

the request or to an attorney to obtain legal advice or legal ass

with respect to the request shall inform such person of any ap

nondisclosure requirement. Any person who receives a disclo

this subsection shall be subject to the same prohibitions on di

under paragraph (1). 

“(4) At the request of the Director of the Federal Bureau of In

or the designee of the Director, any person making or intendin

a disclosure under this section shall identify to the Director or 

designee the person to whom such disclosure will be made or 

such disclosure was made prior to the request, but in no circum
413

“(d) CONFIDENTIALITY.—

“(1) If the Director of the Federal Bureau of Investigation, or 

designee in a position not lower than Deputy Assistant Direct

Bureau headquarters or a Special Agent in Charge in a Bureau 

office designated by the Director, certifies that otherwise ther

result a danger to the national security of the United States, in

with a criminal, counterterrorism, or counterintelligence inves

interference with diplomatic relations, or danger to the life or 

safety of any person, no consumer reporting agency or officer

or agent of a consumer reporting agency shall disclose to any 

(other than those to whom such disclosure is necessary to com

the request or an attorney to obtain legal advice or legal assist

respect to the request) that the Federal Bureau of Investigation 

sought or obtained the identity of financial institutions or a co

report respecting any consumer under subsection (a), (b), or (

consumer reporting agency or officer, employee, or agent of a 

reporting agency shall include in any consumer report any inf

that would indicate that the Federal Bureau of Investigation h

obtained such information on a consumer report. 

“(2) The request shall notify the person or entity to whom the 

directed of the nondisclosure requirement under paragraph (1)

“(3) Any recipient disclosing to those persons necessary to co

the request or to an attorney to obtain legal advice or legal ass

with respect to the request shall inform such persons of any ap

nondisclosure requirement. Any person who receives a disclo

this subsection shall be subject to the same prohibitions on di

under paragraph (1). 

“(4) At the request of the Director of the Federal Bureau of In

or the designee of the Director, any person making or intendin

a disclosure under this section shall identify to the Director or 

designee the person to whom such disclosure will be made or 

such disclosure was made prior to the request, but in no circum

shall a person be required to inform the Director or such desig

the person intends to consult an attorney to obtain legal advic

assistance.”. 
414

related to international terrorism, or his designee, certifies tha

there may result a danger to the national security of the Unite

interference with a criminal, counterterrorism, or counterintel

investigation, interference with diplomatic relations, or dange

or physical safety of any person, no consumer reporting agenc

officer, employee, or agent of such consumer reporting agenc

disclose to any person (other than those to whom such disclos

necessary to comply with the request or an attorney to obtain 

or legal assistance with respect to the request), or specify in a

consumer report, that a government agency has sought or obta

to information under subsection (a). 

“(2) The request shall notify the person or entity to whom the 

directed of the nondisclosure requirement under paragraph (1)

“(3) Any recipient disclosing to those persons necessary to co

the request or to any attorney to obtain legal advice or legal a

with respect to the request shall inform such persons of any ap

nondisclosure requirement. Any person who receives a disclo

this subsection shall be subject to the same prohibitions on di

under paragraph (1). 

“(4) At the request of the authorized Government agency, any 

making or intending to make a disclosure under this section sh

to the requesting official of the authorized Government agenc

person to whom such disclosure will be made or to whom suc

disclosure was made prior to the request, but in no circumstan

person be required to inform such requesting official that the 

intends to consult an attorney to obtain legal advice or legal a

(d) Section 1114(a)(3) of the Right to Financial Privacy Act (12 U.S.C

§3414(a)(3)) is amended to read as follows: 

“(3)(A) If the Government authority described in paragraph (

Secret Service, as the case may be, certifies that otherwise the

result a danger to the national security of the United States, in

with a criminal, counterterrorism, or counterintelligence inves

interference with diplomatic relations, or danger to the life or 

safety of any person, no financial institution, or officer, emplo
415

request is directed of the nondisclosure requirement u

subparagraph (A). 

“(C) Any recipient disclosing to those persons necess

comply with the request or to an attorney to obtain leg

or legal assistance with respect to the request shall inf

persons of any applicable nondisclosure requirement. 

person who receives a disclosure under this subsectio

subject to the same prohibitions on disclosure under 

subparagraph (A). 

“(D) At the request of the authorized Government age

Secret Service, any person making or intending to ma

disclosure under this section shall identify to the requ

official of the authorized Government agency or the S

Service the person to whom such disclosure will be m

whom such disclosure was made prior to the request, 

circumstance shall a person be required to inform suc

requesting official that the person intends to consult a

to obtain legal advice or legal assistance.”. 

(e) Section 1114(a)(5)(D) of the Right to Financial Privacy Act (12 U

§3414(a)(5)(D)) is amended to read: 

“(D) PROHIBITION OF CERTAIN DISCLOSURE.—

“(i) If the Director of the Federal Bureau of 

Investigation, or his designee in a position no

than Deputy Assistant Director at Bureau hea

or a Special Agent in Charge in a Bureau fiel

designated by the Director, certifies that othe

may result a danger to the national security o

States, interference with a criminal, counterte

counterintelligence investigation, interference 

diplomatic relations, or danger to the life or p

safety of any person, no financial institution, 

employee, or agent of such institution, shall d

any person (other than those to whom such di

necessary to comply with the request or an at
416

requirement under clause (i). 

“(iii) Any recipient disclosing to those person

to comply with the request or to an attorney t

legal advice or legal assistance with respect t

request shall inform such persons of any appl

nondisclosure requirement. Any person who 

disclosure under this subsection shall be subj

same prohibitions on disclosure under clause 

“(iv) At the request of the Director of the Fed

of Investigation or the designee of the Directo

person making or intending to make a disclos

this section shall identify to the Director or su

designee the person to whom such disclosure 

made or to whom such disclosure was made p

request, but in no circumstance shall a person 

required to inform the Director or such design

person intends to consult an attorney to obtain 

advice or legal assistance.”. 

 (f) Section 802(b) of the National Security Act of 1947 (50 U.S.C. §4

amended to read as follows: 

“(b) PROHIBITIONS OF CERTAIN DISCLOSURE.—

“(1) If an authorized investigative agency described in subsec

certifies that otherwise there may result a danger to the nation

of the United States, interference with a criminal, counterterro

counterintelligence investigation, interference with diplomatic 

or danger to the life or physical safety of any person, no gove

private entity, or officer, employee, or agent of such entity, m

to any person (other than those to whom such disclosure is ne

comply with the request or an attorney to obtain legal advice 

assistance with respect to the request) that such entity has rece

satisfied a request made by an authorized investigative agency 

section.

“(2) The request shall notify the person or entity to whom the 

directed of the nondisclosure requirement under paragraph (1)
417

(4) At the request of the authorized investigative agency, any 

making or intending to make a disclosure under this section sh

to the requesting official of the authorized investigative agenc

person to whom such disclosure will be made or to whom suc

disclosure was made prior to the request, but in no circumstan

person be required to inform such official that the person inte

consult an attorney to obtain legal advice or legal assistance.”

VIOLATIONS OF NONDISCLOSURE PROVISIONS OF 

NATIONAL SECURITY LETTERS

SEC. 117. 

Section 1510 of title 18, United States Code, is amended by adding at 

following:

“(e) Whoever, having been notified of the applicable disclosure prohib

confidentiality requirements of section 2709(c)(1) of this title, section 

or 627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. §1681u(d)(1) 

1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right t

Privacy Act (12 U.S.C. §3414(a)(3)(A) or 3414(a)(5)(D)(i)), or sectio

of the National Security Act of 1947 (50 U.S.C. §436(b)(1)), knowing

the intent to obstruct an investigation or judicial proceeding violates s

prohibitions or requirements applicable by law to such person shall be 

imprisoned for not more than five years, fined under this title, or both

REPORTS ON NATIONAL SECURITY LETTERS

SEC. 118. 

(a) EXISTING REPORTS.—Any report made to a committee of Congres

national security letters under section 2709(c)(1) of title 18, United St

section 626(d) or 627(c) of the Fair Credit Reporting Act (15 U.S.C. §

or 1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) of the Right to Fina

Privacy Act (12 U.S.C. §3414(a)(3) or 3414(a)(5)(D)), or section 802

National Security Act of 1947 (50 U.S.C. §436(b)) shall also be made 

Committees on the Judiciary of the House of Representatives and the 
418

shall fully inform the Committee on the Judiciary, the Committee on F

Services, and the Permanent Select Committee on Intelligence of the H

Representatives and the Committee on the Judiciary, the Committee o

Housing, and Urban Affairs, and the Select Committee on Intelligence 

Senate concerning all requests made pursuant to subsection (a). 

“(2) In the case of the semiannual reports required to be subm

paragraph (1) to the Permanent Select Committee on Intellige

House of Representatives and the Select Committee on Intelli

the Senate, the submittal dates for such reports shall be as pro

section 507 of the National Security Act of 1947 (50 U.S.C. §

(c) REPORT ON REQUESTS FOR NATIONAL SECURITY LETTERS.—

(1) IN GENERAL.—In April of each year, the Attorney Genera

submit to Congress an aggregate report setting forth with resp

preceding year the total number of requests made by the Depa

Justice for information concerning different United States per

under—

(A) section 2709 of title 18, United States Code (to ac

certain communication service provider records), exc

number of requests for subscriber information; 

(B) section 1114 of the Right to Financial Privacy Ac

U.S.C. §3414) (to obtain financial institution custome

(C) section 802 of the National Security Act of 1947 

§436) (to obtain financial information, records, and c

reports);

(D) section 626 of the Fair Credit Reporting Act (15 U

§1681u) (to obtain certain financial information and c

reports); and 

(E) section 627 of the Fair Credit Reporting Act (15 U

§1681v) (to obtain credit agency consumer records fo

counterterrorism investigations). 

(2) UNCLASSIFIED FORM.—The report under this section shal

submitted in unclassified form. 

(d) NATIONAL SECURITY LETTER DEFINED.—In this section, the term 

security letter” means a request for information under one of the follo

provisions of law: 
419

(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. §

obtain certain financial information and consumer reports). 

(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. §

obtain credit agency consumer records for counterterrorism 

investigations). 

AUDIT OF USE OF NATIONAL SECURITY LETTERS

SEC. 119. 

(a) AUDIT.—The Inspector General of the Department of Justice shall 

audit of the effectiveness and use, including any improper or illegal u

national security letters issued by the Department of Justice. 

(b) REQUIREMENTS.—The audit required under subsection (a) shall in

(1) an examination of the use of national security letters by th

Department of Justice during calendar years 2003 through 200

(2) a description of any noteworthy facts or circumstances rel

such use, including any improper or illegal use of such author

(3) an examination of the effectiveness of national security let

investigative tool, including— 

(A) the importance of the information acquired by the 

Department of Justice to the intelligence activities of 

Department of Justice or to any other department or a

the Federal Government; 

(B) the manner in which such information is collected

analyzed, and disseminated by the Department of Jus

including any direct access to such information (such 

to “raw data”) provided to any other department, agen

instrumentality of Federal, State, local, or tribal gover

any private sector entity; 

(C) whether, and how often, the Department of Justic

such information to produce an analytical intelligence 

for distribution within the Department of Justice, to th

intelligence community (as such term is defined in se

of the National Security Act of 1947 (50 U.S.C. §401

other Federal, State, local, or tribal government depar

agencies, or instrumentalities; 
420

employee of the Department of Justice, issued a natio

letter without the certification necessary to require the 

of such letter to comply with the nondisclosure and 

confidentiality requirements potentially applicable un

and

(F) the types of electronic communications and transa

information obtained through requests for information 

section 2709 of title 18, United States Code, including 

of dialing, routing, addressing, or signaling informati

obtained, and the procedures the Department of Justic

content information is obtained through the use of suc

authority. 

(c) SUBMISSION DATES.—

(1) PRIOR YEARS.—Not later than one year after the date of th

enactment of this Act, or upon completion of the audit under t

for calendar years 2003 and 2004, whichever is earlier, the In

General of the Department of Justice shall submit to the Com

the Judiciary and the Permanent Select Committee on Intellig

House of Representatives and the Committee on the Judiciary 

Select Committee on Intelligence of the Senate a report conta

results of the audit conducted under this subsection for calend

2003 and 2004. 

(2) CALENDAR YEARS 2005 AND 2006.—Not later than Decem

2007, or upon completion of the audit under this subsection fo

years 2005 and 2006, whichever is earlier, the Inspector Gene

Department of Justice shall submit to the Committee on the Ju

the Permanent Select Committee on Intelligence of the House 

Representatives and the Committee on the Judiciary and the S

Committee on Intelligence of the Senate a report containing th

the audit conducted under this subsection for calendar years 2

2006. 

(d) PRIOR NOTICE TO ATTORNEY GENERAL AND DIRECTOR OF NATIO

INTELLIGENCE; COMMENTS.—

(1) NOTICE.—Not less than 30 days before the submission of 

under subsection (c)(1) or (c)(2), the Inspector General of the 
421

(e) UNCLASSIFIED FORM.—The reports submitted under subsection (c

(c)(2) and any comments included under subsection (d)(2) shall be in 

form, but may include a classified annex. 

(f) MINIMIZATION PROCEDURES FEASIBILITY.—Not later than Februa

or upon completion of review of the report submitted under subsection 

whichever is earlier, the Attorney General and the Director of Nationa

Intelligence shall jointly submit to the Committee on the Judiciary and 

Permanent Select Committee on Intelligence of the House of Represen

the Committee on the Judiciary and the Select Committee on Intellige

Senate a report on the feasibility of applying minimization procedures 

context of national security letters to ensure the protection of the cons

rights of United States persons. 

(g) NATIONAL SECURITY LETTER DEFINED.—In this section, the term 

security letter” means a request for information under one of the follo

provisions of law: 

(1) Section 2709(a) of title 18, United States Code (to access 

communication service provider records). 

(2) Section 1114(a)(5)(A) of the Right to Financial Privacy A

U.S.C. §3414(a)(5)(A)) (to obtain financial institution custom

(3) Section 802 of the National Security Act of 1947 (50 U.S.

(to obtain financial information, records, and consumer report

(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. §

obtain certain financial information and consumer reports). 

(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. §

obtain credit agency consumer records for counterterrorism 

investigations). 

USA PATRIOT ACT SECTION 214; AUTHORITY FOR DISCLOS

ADDITIONAL INFORMATION IN CONNECTION WITH ORDERS FO

REGISTER AND TRAP AND TRACE AUTHORITY UNDER FIS

SEC. 128. 

(a) RECORDS.—Section 402(d)(2) of the Foreign Intelligence Surveill

1978 (50 U.S.C. §1842(d)(2)) is amended— 

(1) in subparagraph (A)— 

(A) in clause (ii), by adding “and” at the end; and 
422

(C) shall direct that, upon the request of the applican

provider of a wire or electronic communication servic

disclose to the Federal officer using the pen register o

trace device covered by the order— 

“(i) in the case of the customer or subscriber 

service covered by the order (for the period sp

the order)— 

“(I) the name of the customer or subs

“(II) the address of the customer or su

“(III) the telephone or instrument num

other subscriber number or identifier

customer or subscriber, including any 

temporarily assigned network addres

associated routing or transmission inf

“(IV) the length of the provision of s

such provider to the customer or subs

the types of services utilized by the c

subscriber;

“(V) in the case of a provider of loca

distance telephone service, any local 

distance telephone records of the cus

subscriber;

“(VI) if applicable, any records reflec

of usage (or sessions) by the custome

subscriber; and 

“(VII) any mechanisms and sources o

for such service, including the numbe

credit card or bank account utilized f

for such service; and 

“(ii) if available, with respect to any custome

subscriber of incoming or outgoing communi

or from the service covered by the order— 

“(I) the name of such customer or sub

“(II) the address of such customer or 

“(III) the telephone or instrument num

other subscriber number or identifier
423

the types of services utilized by such 

or subscriber.”. 

 (b) ENHANCED OVERSIGHT.—Section 406(a) of the Foreign Intellige

Surveillance Act of 1978 (50 U.S.C. §1846(a)) is amended by insertin

Committee on the Judiciary of the House of Representatives and the C

on the Judiciary of the Senate,” after “of the Senate”. 
424
425

TITLE X—MATTERS RELATING TO DETAINEES 

SHORT TITLE

SECTION. 1001. 

This title may be cited as the “Detainee Treatment Act of 2005”. 

UNIFORM STANDARDS FOR THE INTERROGATION OF PERSO

UNDER THE DETENTION OF THE DEPARTMENT OF DEFEN

SEC. 1002. 

(a) IN GENERAL.—No person in the custody or under the effective con

Department of Defense or under detention in a Department of Defense 

shall be subject to any treatment or technique of interrogation not auth

and listed in the United States Army Field Manual on Intelligence Inte

(b) APPLICABILITY.—Subsection (a) shall not apply with respect to an

the custody or under the effective control of the Department of Defen

to a criminal law or immigration law of the United States. 

(c) CONSTRUCTION.—Nothing in this section shall be construed to aff

rights under the United States Constitution of any person in the custod

the physical jurisdiction of the United States. 

PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATM

PUNISHMENT OF PERSONS UNDER CUSTODY OR CONTRO

OF THE UNITED STATES GOVERNMENT

SEC. 1003. 

(a) IN GENERAL.—No individual in the custody or under the physical 

the United States Government, regardless of nationality or physical lo

shall be subject to cruel, inhuman, or degrading treatment or punishm

(b) CONSTRUCTION.—Nothing in this section shall be construed to im

geographical limitation on the applicability of the prohibition against 

inhuman, or degrading treatment or punishment under this section. 

(c) LIMITATION ON SUPERSEDURE.—The provisions of this section sh

superseded, except by a provision of law enacted after the date of the 
426

of the United States, as defined in the United States Reservations, Dec

and Understandings to the United Nations Convention Against Tortur

Forms of Cruel, Inhuman or Degrading Treatment or Punishment don

York, December 10, 1984. 

PROTECTION OF UNITED STATES GOVERNMENT PERSONN

ENGAGED IN AUTHORIZED INTERROGATIONS1

SEC. 1004. 

(a) PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL.— In 

action or criminal prosecution against an officer, employee, member o

Armed Forces, or other agent of the United States Government who is 

States person, arising out of the officer, employee, member of the Arm

or other agent’s engaging in specific operational practices, that involv

and interrogation of aliens who the President or his designees have de

are believed to be engaged in or associated with international terrorist 

that poses a serious, continuing threat to the United States, its interest

allies, and that were officially authorized and determined to be lawful 

that they were conducted, it shall be a defense that such officer, emplo

member of the Armed Forces, or other agent did not know that the pra

unlawful and a person of ordinary sense and understanding would not 

practices were unlawful. Good faith reliance on advice of counsel sho

important factor, among others, to consider in assessing whether a per

ordinary sense and understanding would have known the practices to 

unlawful. Nothing in this section shall be construed to limit or extingu

1

 Sec. 9(b) of the Military Commissions Act of 2006 makes the following sta

“Protection of Personnel - Sec. 1004 of the Detainee Treatment Act of 2005 

2000dd-1) shall apply with respect to any criminal prosecution that – 

(1) relates to the detention and interrogation of aliens described 

section; 

(2) is grounded in section 2441(c)(3) of title 18, United States C

(3) relates to actions occurring between September 11, 2001, an

30, 2005. 
427

agent described in subsection (a), with respect to any civil action or cr

prosecution or investigation arising out of practices described in that s

whether before United States courts or agencies, foreign courts or age

international courts or agencies, under the same conditions, and to the 

extent, to which such services and payments are authorized under sect

title 10, United States Code. 

PROCEDURES FOR STATUS REVIEW OF DETAINEES 

OUTSIDE OF THE UNITED STATES

SEC. 1005.

(a) SUBMITTAL OF PROCEDURES FOR STATUS REVIEW OF DETAINEES 

GUANTANAMO BAY, CUBA, AND IN AFGHANISTAN AND IRAQ.—

(1) IN GENERAL.—Not later than 180 days after the date of th

enactment of this Act, the Secretary of Defense shall submit t

Committee on Armed Services and the Committee on the Jud

Senate and the Committee on Armed Services and the Comm

Judiciary of the House of Representatives a report setting fort

(A) the procedures of the Combatant Status Review T

and the Administrative Review Boards established by 

of the Secretary of Defense that are in operation at Gu

Bay, Cuba, for determining the status of the detainees 

Guantanamo Bay or to provide an annual review to d

the need to continue to detain an alien who is a detain

(B) the procedures in operation in Afghanistan and Ir

determination of the status of aliens detained in the cu

under the physical control of the Department of Defen

countries.

(2) DESIGNATED CIVILIAN OFFICIAL.—The procedures subm

Congress pursuant to paragraph (1)(A) shall ensure that the of

Department of Defense who is designated by the President or 

of Defense to be the final review authority within the Departm

Defense with respect to decisions of any such tribunal or boar

to as the “Designated Civilian Official”) shall be a civilian off

Department of Defense holding an office to which appointme
428

(b) CONSIDERATION OF STATEMENTS DERIVED WITH COERCION.— 

(1) ASSESSMENT.—The procedures submitted to Congress pu

subsection (a)(1)(A) shall ensure that a Combatant Status Rev

Tribunal or Administrative Review Board, or any similar or s

administrative tribunal or board, in making a determination of 

disposition of any detainee under such procedures, shall, to th

practicable, assess— 

(A) whether any statement derived from or relating to 

detainee was obtained as a result of coercion; and 

(B) the probative value (if any) of any such statement

(2) APPLICABILITY.—Paragraph (1) applies with respect to an

proceeding beginning on or after the date of the enactment of 

(c) REPORT ON MODIFICATION OF PROCEDURES.—The Secretary of D

shall submit to the committees specified in subsection (a)(1) a report o

modification of the procedures submitted under subsection (a). Any su

shall be submitted not later than 60 days before the date on which suc

modification goes into effect. 

(d) ANNUAL REPORT.—

(1) REPORT REQUIRED.—The Secretary of Defense shall subm

Congress an annual report on the annual review process for al

custody of the Department of Defense outside the United Stat

such report shall be submitted in unclassified form, with a cla

annex, if necessary. The report shall be submitted not later tha

December 31 each year. 

(2) ELEMENTS OF REPORT.—Each such report shall include th

with respect to the year covered by the report: 

(A) The number of detainees whose status was review

(B) The procedures used at each location. 

(e) JUDICIAL REVIEW OF DETENTION OF ENEMY COMBATANTS.—

(1) IN GENERAL.—Section 2241 of title 28, United States Cod

amended by adding at the end the following: 

“(e) Except as provided in section 1005 of the Detainee Treatment Ac

no court, justice, or judge shall have jurisdiction to hear or consider— 
429

(A) is currently in military custody; or 

“(B) has been determined by the United States Court 

for the District of Columbia Circuit in accordance wit

procedures set forth in section 1005(e) of the Detaine

Act of 2005 to have been properly detained as an ene

combatant.”. 

(2) REVIEW OF DECISION OF COMBATANT STATUS REVIEW T

OF PROPRIETY OF DETENTION.—

(A) IN GENERAL.—Subject to subparagraphs (B), (C)

the United States Court of Appeals for the District of 

Circuit shall have exclusive jurisdiction to determine 

of any final decision of a Combatant Status Review T

an alien is properly detained as an enemy combatant. 

(B) LIMITATION ON CLAIMS.—The jurisdiction of the 

States Court of Appeals for the District of Columbia C

under this paragraph shall be limited to claims brough

behalf of an alien— 

(i) who is, at the time a request for review by 

is filed, detained by the United States; and 

(ii) for whom a Combatant Status Review Tri

been conducted, pursuant to applicable proce

specified by the Secretary of Defense. 

(C) SCOPE OF REVIEW.—The jurisdiction of the Unite

Court of Appeals for the District of Columbia Circuit 

claims with respect to an alien under this paragraph sh

limited to the consideration of— 

(i) whether the status determination of the Co

Status Review Tribunal with regard to such a

consistent with the standards and procedures 

by the Secretary of Defense for Combatant St

Review Tribunals (including the requirement 

conclusion of the Tribunal be supported by a 

preponderance of the evidence and allowing a 

presumption in favor of the Government’s ev

and
430

of Columbia Circuit with respect to the claims of an a

this paragraph shall cease upon the release of such ali

custody of the Department of Defense. 

(3) REVIEW OF FINAL DECISIONS OF MILITARY COMMISSIONS

(A) IN GENERAL.—Subject to subparagraphs (B), (C)

the United States Court of Appeals for the District of 

Circuit shall have exclusive jurisdiction to determine 

of any final decision rendered pursuant to Military Co

Order No. 1, dated August 31, 2005 (or any successor 

order).

(B) GRANT OF REVIEW.—Review under this paragrap

(i) with respect to a capital case or a case in w

alien was sentenced to a term of imprisonmen

years or more, shall be as of right; or 

(ii) with respect to any other case, shall be at 

discretion of the United States Court of Appe

District of Columbia Circuit. 

(C) LIMITATION ON APPEALS.—The jurisdiction of th

States Court of Appeals for the District of Columbia C

under this paragraph shall be limited to an appeal bro

on behalf of an alien— 

(i) who was, at the time of the proceedings pu

the military order referred to in subparagraph 

detained by the Department of Defense at Gu

Bay, Cuba; and 

(ii) for whom a final decision has been render

to such military order. 

(D) SCOPE OF REVIEW.—The jurisdiction of the Unit

Court of Appeals for the District of Columbia Circuit 

appeal of a final decision with respect to an alien und

paragraph shall be limited to the consideration of— 

(i) whether the final decision was consistent w

standards and procedures specified in the mil

referred to in subparagraph (A); and 

(ii) to the extent the Constitution and laws of 

States are applicable, whether the use of such 
431

constitutional right on an alien detained as an enemy combatant outsid

United States. 

(g) UNITED STATES DEFINED.—For purposes of this section, the term 

States”, when used in a geographic sense, is as defined in section 101

the Immigration and Nationality Act and, in particular, does not includ

United States Naval Station, Guantanamo Bay, Cuba. 

(h) EFFECTIVE DATE.—

(1) IN GENERAL.—This section shall take effect on the date o

enactment of this Act. 

(2) REVIEW OF COMBATANT STATUS TRIBUNAL AND MILITA

COMMISSION DECISIONS.—Paragraphs (2) and (3) of subsecti

apply with respect to any claim whose review is governed by 

paragraphs and that is pending on or after the date of the enac

this Act. 

TRAINING OF IRAQI FORCES REGARDING TREATMENT OF DET

SEC. 1006.

(a) REQUIRED POLICIES.—

(1) IN GENERAL.—The Secretary of Defense shall ensure that 

are prescribed regarding procedures for military and civilian p

the Department of Defense and contractor personnel of the De

of Defense in Iraq that are intended to ensure that members of 

Forces, and all persons acting on behalf of the Armed Forces 

facilities of the Armed Forces, ensure that all personnel of Ira

forces who are trained by Department of Defense personnel a

contractor personnel of the Department of Defense receive tra

regarding the international obligations and laws applicable to 

detention of detainees, including protections afforded under th

Conventions and the Convention Against Torture. 

(2) ACKNOWLEDGEMENT OF TRAINING.—The Secretary shall 

that, for all personnel of the Iraqi Security Forces who are pro

training referred to in paragraph (1), there is documented 

acknowledgment of such training having been provided. 
432

translated into Arabic and any other language the Secretary de

appropriate for use by members of the Iraqi military forces. 

(2) DISTRIBUTION.—The Secretary of Defense shall provide f

manual, as translated, to be provided to each unit of the Iraqi 

forces trained by Department of Defense personnel or contrac

personnel of the Department of Defense. 

(c) TRANSMITTAL OF REGULATIONS.—Not less than 30 days after the 

which regulations, policies, and orders are first prescribed under subse

the Secretary of Defense shall submit to the Committee on Armed Ser

Senate and the Committee on Armed Services of the House of Repres

copies of such regulations, policies, or orders, together with a report o

taken to the date of the report to implement this section. 

(d) ANNUAL REPORT.—Not less than one year after the date of the en

this Act, and annually thereafter, the Secretary of Defense shall submi

Committee on Armed Services of the Senate and the Committee on A

Services of the House of Representatives a report on the implementati

section. This division may be cited as the “Department of Defense 

Appropriations Act, 2006”. 
433

Be it enacted by the Senate and House of Representatives of the Unite

America in Congress assembled, 

SHORT TITLE; TABLE OF CONTENTS

SECTION 1.

(a) SHORT TITLE.—This Act may be cited as the “Military Commissio

2006”.

(b) TABLE OF CONTENTS.—The table of contents for this Act is as fol

SEC. 1. Short title; table of contents. 

SEC. 2. Construction of Presidential authority to establish military 

commissions. 

SEC. 3. Military commissions. 

SEC. 4. Amendments to Uniform Code of Military Justice. 

SEC. 5. Treaty obligations not establishing grounds for certain clai

SEC. 6. Implementation of treaty obligations. 

SEC. 7. Habeas corpus matters. 

SEC. 8. Revisions to Detainee Treatment Act of 2005 relating to pr

certain United States Government personnel. 

SEC. 9. Review of judgments of military commissions. 

SEC. 10. Detention covered by review of decisions of Combatant St

Tribunals of propriety of detention. 

CONSTRUCTION OF PRESIDENTIAL AUTHORITY

TO ESTABLISH MILITARY COMMISSIONS

SEC. 2. 

The authority to establish military commissions under chapter 47A of 

United States Code, as added by section 3(a), may not be construed to 

limit the authority of the President under the Constitution of the Unite

and laws of the United States to establish military commissions for ar

to be under martial law or in occupied territories should circumstance
434

“CHAPTER 47A—MILITARY COMMISSIONS 

“Subchapter

“I. General Provisions............................................................................

“II. Composition of Military Commissions...........................................

“III. Pre-Trial Procedure .......................................................................

“IV. Trial Procedure..............................................................................

“V. Sentences.........................................................................................

“VI. Post-Trial Procedure and Review of Military Commissions.........

“VII. Punitive Matters............................................................................

“SUBCHAPTER I—GENERAL PROVISIONS 

“Sec.

“948a. Definitions. 

“948b. Military commissions generally. 

“948c. Persons subject to military commissions. 

“948d. Jurisdiction of military commissions. 

“948e. Annual report to congressional committees. 

“§948a. DEFINITIONS.

“In this chapter: 

“(1) UNLAWFUL ENEMY COMBATANT.— 

(A) The term ‘unlawful enemy combatant’ means— 

“(i) a person who has engaged in hostilities o

purposefully and materially supported hostili

the United States or its co-belligerents who is 

lawful enemy combatant (including a person 

of the Taliban, al Qaeda, or associated forces

“(ii) a person who, before, on, or after the dat

enactment of the Military Commissions Act o

been determined to be an unlawful enemy com

a Combatant Status Review Tribunal or anoth

competent tribunal established under the auth

President or the Secretary of Defense. 

“(B) CO-BELLIGERENT.—In this paragraph, the term 

‘cobelligerent’, with respect to the United States, mea
435

hostilities against the United States; 

“(B) a member of a militia, volunteer corps, or organi

resistance movement belonging to a State party engag

hostilities, which are under responsible command, we

distinctive sign recognizable at a distance, carry their 

openly, and abide by the law of war; or 

“(C) a member of a regular armed force who professe

to a government engaged in such hostilities, but not re

by the United States. 

“(3) ALIEN.—The term ‘alien’ means a person who is not a ci

United States. 

“(4) CLASSIFIED INFORMATION.—The term ‘classified inform

means the following: 

“(A) Any information or material that has been determ

the United States Government pursuant to statute, Ex

order, or regulation to require protection against unau

disclosure for reasons of national security. 

“(B) Any restricted data, as that term is defined in sec

of the Atomic Energy Act of 1954 (42 U.S.C. §2014(

“(5) GENEVA CONVENTIONS.—The term ‘Geneva Convention

the international conventions signed at Geneva on August 12, 

“§948b. MILITARY COMMISSIONS GENERALLY.

“(a) PURPOSE.—This chapter establishes procedures governing the us

military commissions to try alien unlawful enemy combatants engage

hostilities against the United States for violations of the law of war an

offenses triable by military commission. 

“(b) AUTHORITY FOR MILITARY COMMISSIONS UNDER THIS CHAPTER

President is authorized to establish military commissions under this ch

offenses triable by military commission as provided in this chapter. 

“(c) CONSTRUCTION OF PROVISIONS.—The procedures for military co

set forth in this chapter are based upon the procedures for trial by gen

martial under chapter 47 of this title (the Uniform Code of Military Ju

Chapter 47 of this title does not, by its terms, apply to trial by military 

commission except as specifically provided in this chapter. The judici
436

Justice), relating to speedy trial, including any rule of 

martial relating to speedy trial. 

“(B) Sections 831(a), (b), and (d) (articles 31(a), (b), 

the Uniform Code of Military Justice), relating to com

self-incrimination. 

“(C) Section 832 (article 32 of the Uniform Code of M

Justice), relating to pretrial investigation. 

“(2) Other provisions of chapter 47 of this title shall apply to 

military commission under this chapter only to the extent prov

this chapter. 

“(e) TREATMENT OF RULINGS AND PRECEDENTS.—The findings, hold

interpretations, and other precedents of military commissions under th

may not be introduced or considered in any hearing, trial, or other pro

a court-martial convened under chapter 47 of this title. The findings, h

interpretations, and other precedents of military commissions under th

may not form the basis of any holding, decision, or other determinatio

court-martial convened under that chapter. 

“(f) STATUS OF COMMISSIONS UNDER COMMON ARTICLE 3.— A mili

commission established under this chapter is a regularly constituted co

affording all the necessary ‘judicial guarantees which are recognized a

indispensable by civilized peoples’ for purposes of common Article 3 

Geneva Conventions. 

“(g) GENEVA CONVENTIONS NOT ESTABLISHING SOURCE OF RIGHTS

unlawful enemy combatant subject to trial by military commission un

chapter may invoke the Geneva Conventions as a source of rights. 

“§948c. PERSONS SUBJECT TO MILITARY COMMISSIONS.

“Any alien unlawful enemy combatant is subject to trial by military co

under this chapter. 

“§948d. JURISDICTION OF MILITARY COMMISSIONS.

“(a) JURISDICTION.—A military commission under this chapter shall h

jurisdiction to try any offense made punishable by this chapter or the l

when committed by an alien unlawful enemy combatant before, on, or 

September 11, 2001. 
437

DISPOSITIVE.—A finding, whether before, on, or after the date of the 

of the Military Commissions Act of 2006, by a Combatant Status Rev

Tribunal or another competent tribunal established under the authority 

President or the Secretary of Defense that a person is an unlawful ene

combatant is dispositive for purposes of jurisdiction for trial by milita

commission under this chapter. 

“(d) PUNISHMENTS.—A military commission under this chapter may, 

limitations as the Secretary of Defense may prescribe, adjudge any pu

not forbidden by this chapter, including the penalty of death when aut

under this chapter or the law of war. 

“§948e. ANNUAL REPORT TO CONGRESSIONAL COMMITTEES.

“(a) ANNUAL REPORT REQUIRED.—Not later than December 31 each 

Secretary of Defense shall submit to the Committees on Armed Servic

Senate and the House of Representatives a report on any trials conduc

military commissions under this chapter during such year. 

“(b)FORM.—Each report under this section shall be submitted in uncla

form, but may include a classified annex. 

“SUBCHAPTER II—COMPOSITION OF MILITARY COMM

“SEC.

“948h. Who may convene military commissions. 

“948i. Who may serve on military commissions. 

“948j. Military judge of a military commission. 

“948k. Detail of trial counsel and defense counsel. 

“948l. Detail or employment of reporters and interpreters. 

“948m. Number of members; excuse of members; absent and 

members. 

“§948h. WHO MAY CONVENE MILITARY COMMISSIONS.

“Military commissions under this chapter may be convened by the Se

Defense or by any officer or official of the United States designated b

Secretary for that purpose. 
438

the convening authority, are best qualified for the duty by reason of a

education, training, experience, length of service, and judicial tempera

member of an armed force is eligible to serve as a member of a milita

commission when such member is the accuser or a witness for the pro

has acted as an investigator or counsel in the same case. 

“(c) EXCUSE OF MEMBERS.—Before a military commission under this 

assembled for the trial of a case, the convening authority may excuse 

from participating in the case. 

“§948j. MILITARY JUDGE OF A MILITARY COMMISSION.

“(a) DETAIL OF MILITARY JUDGE.—A military judge shall be detailed 

military commission under this chapter. The Secretary of Defense sha

regulations providing for the manner in which military judges are so d

military commissions. The military judge shall preside over each mili

commission to which he has been detailed. 

“(b) QUALIFICATIONS.—A military judge shall be a commissioned of

armed forces who is a member of the bar of a Federal court, or a mem

bar of the highest court of a State, and who is certified to be qualified 

under section 826 of this title (article 26 of the Uniform Code of Milit

as a military judge in general courts-martial by the Judge Advocate G

the armed force of which such military judge is a member. 

“(c) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No person is eligible 

military judge in a case of a military commission under this chapter if 

accuser or a witness or has acted as investigator or a counsel in the sam

“(d) CONSULTATION WITH MEMBERS; INELIGIBILITY TO VOTE.— A m

judge detailed to a military commission under this chapter may not co

the members of the commission except in the presence of the accused 

otherwise provided in section 949d of this title), trial counsel, and def

counsel, nor may he vote with the members of the commission. 

“(e) OTHER DUTIES.—A commissioned officer who is certified to be q

for duty as a military judge of a military commission under this chapt

perform such other duties as are assigned to him by or with the approv

Judge Advocate General of the armed force of which such officer is a 

the designee of such Judge Advocate General. 

“(f) PROHIBITION ON EVALUATION OF FITNESS BY CONVENING AUTH

The convening authority of a military commission under this chapter 
439

(1) Trial counsel and military defense counsel shall be detail

military commission under this chapter. 

“(2) Assistant trial counsel and assistant and associate defense 

may be detailed for a military commission under this chapter. 

 “(3) Military defense counsel for a military commission unde

chapter shall be detailed as soon as practicable after the swear

charges against the accused. 

“(4) The Secretary of Defense shall prescribe regulations prov

the manner in which trial counsel and military defense counse

detailed for military commissions under this chapter and for th

who are authorized to detail such counsel for such commissio

“(b) TRIAL COUNSEL.—Subject to subsection (e), trial counsel detaile

military commission under this chapter must be— 

“(1) a judge advocate (as that term is defined in section 801 o

(article 1 of the Uniform Code of Military Justice) who— 

“(A) is a graduate of an accredited law school or is a 

the bar of a Federal court or of the highest court of a S

“(B) is certified as competent to perform duties as tria

before general courts-martial by the Judge Advocate 

the armed force of which he is a member; or 

“(2) a civilian who— 

“(A) is a member of the bar of a Federal court or of th

court of a State; and 

“(B) is otherwise qualified to practice before the milit

commission pursuant to regulations prescribed by the 

of Defense. 

“(c) MILITARY DEFENSE COUNSEL.—Subject to subsection (e), milita

counsel detailed for a military commission under this chapter must be 

advocate (as so defined) who is— 

“(1) a graduate of an accredited law school or is a member of 

Federal court or of the highest court of a State; and 

“(2) certified as competent to perform duties as defense couns

general courts-martial by the Judge Advocate General of the a

of which he is a member. 

“(d) CHIEF PROSECUTOR; CHIEF DEFENSE COUNSEL.—
440

chapter in any case may act later as trial counsel or military defense c

the same case. No person who has acted for the prosecution before a m

commission under this chapter may act later in the same case for the d

may any person who has acted for the defense before a military comm

under this chapter act later in the same case for the prosecution. 

“§948l. DETAIL OR EMPLOYMENT OF REPORTERS AND INTERPRET

“(a) COURT REPORTERS.—Under such regulations as the Secretary of 

may prescribe, the convening authority of a military commission unde

chapter shall detail to or employ for the commission qualified court re

who shall make a verbatim recording of the proceedings of and testim

before the commission. 

“(b) INTERPRETERS.—Under such regulations as the Secretary of Defe

prescribe, the convening authority of a military commission under thi

may detail to or employ for the military commission interpreters who 

interpret for the commission and, as necessary, for trial counsel and d

counsel and for the accused. 

“(c) TRANSCRIPT; RECORD.—The transcript of a military commission 

chapter shall be under the control of the convening authority of the co

who shall also be responsible for preparing the record of the proceedin

“§948m. NUMBER OF MEMBERS; EXCUSE OF MEMBERS; ABSENT A

ADDITIONAL MEMBERS.

“(a) NUMBER OF MEMBERS.—

“(1) A military commission under this chapter shall, except as 

in paragraph (2), have at least five members. 

“(2) In a case in which the accused before a military commiss

this chapter may be sentenced to a penalty of death, the milita

commission shall have the number of members prescribed by 

949m(c) of this title. 

“(b) EXCUSE OF MEMBERS.—No member of a military commission un

chapter may be absent or excused after the military commission has b

assembled for the trial of a case unless excused— 

“(1) as a result of challenge; 

“(2) by the military judge for physical disability or other good 

“(3) by order of the convening authority for good cause. 
441

presence of the military judge, the accused (except as provided in sect

this title), and counsel for both sides. 

“SUBCHAPTER III—PRE-TRIAL PROCEDURE 

“Sec.

“948q. Charges and specifications. 

“948r. Compulsory self-incrimination prohibited; treatment 

statements obtained by torture and other statements. 

“948s. Service of charges. 

“§948q. CHARGES AND SPECIFICATIONS.

“(a) CHARGES AND SPECIFICATIONS.—Charges and specifications aga

accused in a military commission under this chapter shall be signed by 

subject to chapter 47 of this title under oath before a commissioned of

armed forces authorized to administer oaths and shall state— 

“(1) that the signer has personal knowledge of, or reason to be

matters set forth therein; and 

“(2) that they are true in fact to the best of the signer’s knowle

belief.

 “(b) NOTICE TO ACCUSED.—Upon the swearing of the charges and 

specifications in accordance with subsection (a), the accused shall be 

the charges against him as soon as practicable. 

“§948r. COMPULSORY SELF-INCRIMINATION PROHIBITED; TREAT

STATEMENTS OBTAINED BY TORTURE AND OTHER STATEMENTS.

“(a) IN GENERAL.—No person shall be required to testify against him

proceeding of a military commission under this chapter. 

“(b) EXCLUSION OF STATEMENTS OBTAINED BY TORTURE.—A statem

obtained by use of torture shall not be admissible in a military commi

this chapter, except against a person accused of torture as evidence tha

statement was made. 

“(c) STATEMENTS OBTAINED BEFORE ENACTMENT OF DETAINEE TRE

ACT OF 2005.—A statement obtained before December 30, 2005 (the 

enactment of the Defense Treatment Act of 2005) in which the degree 

coercion is disputed may be admitted only if the military judge finds t
442

the enactment of the Defense Treatment Act of 2005) in which the deg

coercion is disputed may be admitted only if the military judge finds t

“(1) the totality of the circumstances renders the statement rel

possessing sufficient probative value; 

“(2) the interests of justice would best be served by admission 

statement into evidence; and 

“(3) the interrogation methods used to obtain the statement do 

amount to cruel, inhuman, or degrading treatment prohibited b

1003 of the Detainee Treatment Act of 2005. 

“§948s. SERVICE OF CHARGES.

“The trial counsel assigned to a case before a military commission un

chapter shall cause to be served upon the accused and military defense 

copy of the charges upon which trial is to be had. Such charges shall b

English and, if appropriate, in another language that the accused unde

Such service shall be made sufficiently in advance of trial to prepare 

“SUBCHAPTER IV—TRIAL PROCEDURE 

“SEC.

“949a. Rules. 

“949b. Unlawfully influencing action of military commission

“949c. Duties of trial counsel and defense counsel. 

“949d. Sessions. 

“949e. Continuances. 

“949f. Challenges. 

“949g. Oaths. 

“949h. Former jeopardy. 

“949i. Pleas of the accused. 

“949j. Opportunity to obtain witnesses and other evidence. 

“949k. Defense of lack of mental responsibility. 

“949l. Voting and rulings. 

“949m. Number of votes required. 

“949n. Military commission to announce action. 

“949o. Record of trial. 
443

activities, apply the principles of law and the rules of evidence in trial 

courts-martial. Such procedures and rules of evidence may not be con

inconsistent with this chapter. 

“(b) RULES FOR MILITARY COMMISSION.—

“(1) Notwithstanding any departures from the law and the rul

evidence in trial by general courts-martial authorized by subse

the procedures and rules of evidence in trials by military com

under this chapter shall include the following: 

“(A) The accused shall be permitted to present eviden

defense, to cross-examine the witnesses who testify a

and to examine and respond to evidence admitted aga

the issue of guilt or innocence and for sentencing, as p

for by this chapter. 

“(B) The accused shall be present at all sessions of th

commission (other than those for deliberations or vot

when excluded under section 949d of this title. 

“(C) The accused shall receive the assistance of coun

provided for by section 948k. 

“(D) The accused shall be permitted to represent hims

provided for by paragraph (3). 

“(2) In establishing procedures and rules of evidence for milit

commission proceedings, the Secretary of Defense may presc

following provisions: 

“(A) Evidence shall be admissible if the military judg

determines that the evidence would have probative va

reasonable person. 

“(B) Evidence shall not be excluded from trial by mil

commission on the grounds that the evidence was not 

pursuant to a search warrant or other authorization. 

“(C) A statement of the accused that is otherwise adm

shall not be excluded from trial by military commissi

grounds of alleged coercion or compulsory self-incrim

long as the evidence complies with the provisions of 

of this title. 

“(D) Evidence shall be admitted as authentic so long 
444

any, to be given to the evidence. 

“(E)(i) Except as provided in clause (ii), hearsay evid

otherwise admissible under the rules of evidence appl

trial by general courts-martial may be admitted in a tr

military commission if the proponent of the evidence 

known to the adverse party, sufficiently in advance to 

the adverse party with a fair opportunity to meet the e

the intention of the proponent to offer the evidence, a

particulars of the evidence (including information on 

circumstances under which the evidence was obtained

disclosure of evidence under the preceding sentence i

the requirements and limitations applicable to the disc

classified information in section 949j(c) of this title. 

“(ii) Hearsay evidence not otherwise admissib

the rules of evidence applicable in trial by ge

courts-martial shall not be admitted in a trial 

commission if the party opposing the admissi

evidence demonstrates that the evidence is un

lacking in probative value. 

“(F) The military judge shall exclude any evidence th

value of which is substantially outweighed— 

“(i) by the danger of unfair prejudice, confusi

issues, or misleading the commission; or 

“(ii) by considerations of undue delay, waste 

needless presentation of cumulative evidence

“(3)(A) The accused in a military commission under this chap

exercises the right to self-representation under paragraph (1)(D

conform his deportment and the conduct of the defense to the 

evidence, procedure, and decorum applicable to trials by milit

commission. 

“(B) Failure of the accused to conform to the rules de

subparagraph (A) may result in a partial or total revoc

the military judge of the right of self-representation u

paragraph (1)(D). In such case, the detailed defense c

the accused or an appropriately authorized civilian co

perform the functions necessary for the defense. 
445

chapter goes into effect, the Secretary of Defense shall submit to the C

on Armed Services of the Senate and the Committee on Armed Servic

House of Representatives a report describing the modification. 

“§949b. UNLAWFULLY INFLUENCING ACTION OF MILITARY COMM

“(a) IN GENERAL.—

“(1) No authority convening a military commission under this 

may censure, reprimand, or admonish the military commissio

member, military judge, or counsel thereof, with respect to th

or sentence adjudged by the military commission, or with resp

other exercises of its or his functions in the conduct of the pro

“(2) No person may attempt to coerce or, by any unauthorized 

influence—

“(A) the action of a military commission under this ch

any member thereof, in reaching the findings or sente

case;

“(B) the action of any convening, approving, or revie

authority with respect to his judicial acts; or 

“(C) the exercise of professional judgment by trial co

defense counsel. 

“(3) Paragraphs (1) and (2) do not apply with respect to— 

“(A) general instructional or informational courses in 

justice if such courses are designed solely for the purp

instructing members of a command in the substantive 

procedural aspects of military commissions; or 

“(B) statements and instructions given in open procee

military judge or counsel. 

“(b) PROHIBITION ON CONSIDERATION OF ACTIONS ON COMMISSION 

EVALUATION OF FITNESS.—In the preparation of an effectiveness, fitn

efficiency report or any other report or document used in whole or in p

purpose of determining whether a commissioned officer of the armed 

qualified to be advanced in grade, or in determining the assignment or 

any such officer or whether any such officer should be retained on act

person may— 

“(1) consider or evaluate the performance of duty of any mem

military commission under this chapter; or 
446

chapter shall prosecute in the name of the United States. 

“(b) DEFENSE COUNSEL.—

“(1) The accused shall be represented in his defense before a m

commission under this chapter as provided in this subsection. 

“(2) The accused shall be represented by military counsel deta

section 948k of this title. 

“(3) The accused may be represented by civilian counsel if re

the accused, but only if such civilian counsel— 

“(A) is a United States citizen; 

“(B) is admitted to the practice of law in a State, distr

possession of the United States or before a Federal co

“(C) has not been the subject of any sanction of discip

action by any court, bar, or other competent governm

authority for relevant misconduct; 

“(D) has been determined to be eligible for access to 

information that is classified at the level Secret or hig

“(E) has signed a written agreement to comply with a

applicable regulations or instructions for counsel, inc

rules of court for conduct during the proceedings. 

“(4) Civilian defense counsel shall protect any classified infor

received during the course of representation of the accused in 

with all applicable law governing the protection of classified 

and may not divulge such information to any person not autho

receive it. 

“(5) If the accused is represented by civilian counsel, detailed 

counsel shall act as associate counsel. 

“(6) The accused is not entitled to be represented by more tha

military counsel. However, the person authorized under regul

prescribed under section 948k of this title to detail counsel, in 

person’s sole discretion, may detail additional military counse

represent the accused. 

“(7) Defense counsel may cross-examine each witness for the 

prosecution who testifies before a military commission under 

chapter.
447

(A) hearing and determining motions raising defense

objections which are capable of determination withou

the issues raised by a plea of not guilty; 

“(B) hearing and ruling upon any matter which may b

upon by the military judge under this chapter, whethe

matter is appropriate for later consideration or decisio

members; 

“(C) if permitted by regulations prescribed by the Sec

Defense, receiving the pleas of the accused; and 

“(D) performing any other procedural function which 

performed by the military judge under this chapter or 

prescribed pursuant to section 949a of this title and w

not require the presence of the members. 

“(2) Except as provided in subsections (c) and (e), any procee

paragraph (1) shall— 

“(A) be conducted in the presence of the accused, def

counsel, and trial counsel; and 

“(B) be made part of the record. 

“(b) PROCEEDINGS IN PRESENCE OF ACCUSED.—Except as provided i

subsections (c) and (e), all proceedings of a military commission unde

chapter, including any consultation of the members with the military j

counsel, shall— 

“(1) be in the presence of the accused, defense counsel, and tr

and

“(2) be made a part of the record. 

“(c) DELIBERATION OR VOTE OF MEMBERS.—When the members of a 

commission under this chapter deliberate or vote, only the members m

present.

“(d) CLOSURE OF PROCEEDINGS.—

“(1) The military judge may close to the public all or part of t

proceedings of a military commission under this chapter, but 

accordance with this subsection. 

“(2) The military judge may close to the public all or a portion 

proceedings under paragraph (1) only upon making a specific 

that such closure is necessary to— 
448

including a presentation ex parte or in camera, by either trial c

defense counsel. 

“(e) EXCLUSION OF ACCUSED FROM CERTAIN PROCEEDINGS.— The m

judge may exclude the accused from any portion of a proceeding upon 

determination that, after being warned by the military judge, the accus

in conduct that justifies exclusion from the courtroom— 

“(1) to ensure the physical safety of individuals; or 

“(2) to prevent disruption of the proceedings by the accused. 

“(f) PROTECTION OF CLASSIFIED INFORMATION.—

“(1) NATIONAL SECURITY PRIVILEGE.—

“(A) Classified information shall be protected and is p

from disclosure if disclosure would be detrimental to 

security. The rule in the preceding sentence applies to 

of the proceedings of military commissions under this 

“(B) The privilege referred to in subparagraph (A) ma

claimed by the head of the executive or military depa

government agency concerned based on a finding by 

that department or agency that— 

“(i) the information is properly classified; and 

“(ii) disclosure of the information would be d

to the national security. 

“(C) A person who may claim the privilege referred t

subparagraph (A) may authorize a representative, wit

trial counsel to claim the privilege and make the findi

described in subparagraph (B) on behalf of such perso

authority of the representative, witness, or trial couns

is presumed in the absence of evidence to the contrary

“(2) INTRODUCTION OF CLASSIFIED INFORMATION.— 

“(A) ALTERNATIVES TO DISCLOSURE.—To protect cl

information from disclosure, the military judge, upon 

trial counsel, shall authorize, to the extent practicable

“(i) the deletion of specified items of classifie

information from documents to be introduced 

evidence before the military commission; 

“(ii) the substitution of a portion or summary 

information for such classified documents; or 
449

sources, methods, or activities by which the United S

acquired the evidence if the military judge finds that (

sources, methods, or activities by which the United S

acquired the evidence are classified, and (ii) the evide

reliable. The military judge may require trial counsel 

to the military commission and the defense, to the ext

practicable and consistent with national security, an u

summary of the sources, methods, or activities by wh

United States acquired the evidence. 

“(C) ASSERTION OF NATIONAL SECURITY PRIVILEGE 

TRIAL.—During the examination of any witness, trial 

may object to any question, line of inquiry, or motion 

evidence that would require the disclosure of classifie

information. Following such an objection, the military 

shall take suitable action to safeguard such classified 

information. Such action may include the review of tr

counsel’s claim of privilege by the military judge in c

on an ex parte basis, and the delay of proceedings to p

counsel to consult with the department or agency con

whether the national security privilege should be asse

“(3) CONSIDERATION OF PRIVILEGE AND RELATED MATERIAL

A claim of privilege under this subsection, and any materials 

in support thereof, shall, upon request of the Government, be 

by the military judge in camera and shall not be disclosed to t

“(4) ADDITIONAL REGULATIONS.—The Secretary of Defense 

prescribe additional regulations, consistent with this subsectio

use and protection of classified information during proceeding

military commissions under this chapter. A report on any regu

prescribed, or modified, shall be submitted to the Committees 

Services of the Senate and the House of Representatives not l

days before the date on which such regulations or modificatio

case may be, go into effect. 
450

(a) CHALLENGES AUTHORIZED.—The military judge and members o

commission under this chapter may be challenged by the accused or tr

for cause stated to the commission. The military judge shall determine 

relevance and validity of challenges for cause. The military judge may 

receive a challenge to more than one person at a time. Challenges by t

shall ordinarily be presented and decided before those by the accused 

“(b) PREEMPTORY CHALLENGES.—Each accused and the trial counsel 

entitled to one peremptory challenge. The military judge may not be c

except for cause. 

“(c) CHALLENGES AGAINST ADDITIONAL MEMBERS.—Whenever add

members are detailed to a military commission under this chapter, and 

challenges for cause against such additional members are presented an

each accused and the trial counsel are entitled to one peremptory chal

against members not previously subject to peremptory challenge. 

“§949g. OATHS.

“(a) IN GENERAL.—

“(1) Before performing their respective duties in a military co

under this chapter, military judges, members, trial counsel, de

counsel, reporters, and interpreters shall take an oath to perfor

duties faithfully. 

“(2) The form of the oath required by paragraph (1), the time 

of the taking thereof, the manner of recording the same, and w

oath shall be taken for all cases in which duties are to be perfo

for a particular case, shall be as prescribed in regulations of th

of Defense. Those regulations may provide that— 

“(A) an oath to perform faithfully duties as a military 

counsel, or defense counsel may be taken at any time 

judge advocate or other person certified to be qualifie

competent for the duty; and 

“(B) if such an oath is taken, such oath need not again 

at the time the judge advocate or other person is detai

duty. 

“(b) WITNESSES.—Each witness before a military commission under 

shall be examined on oath. 
451

become final after review of the case has been fully completed. 

“§949i. PLEAS OF THE ACCUSED.

“(a) ENTRY OF PLEA OF NOT GUILTY.—If an accused in a military com

under this chapter after a plea of guilty sets up matter inconsistent wit

or if it appears that the accused has entered the plea of guilty through 

understanding of its meaning and effect, or if the accused fails or refu

plead, a plea of not guilty shall be entered in the record, and the milita

commission shall proceed as though the accused had pleaded not guilt

“(b) FINDING OF GUILT AFTER GUILTY PLEA.—With respect to any ch

specification to which a plea of guilty has been made by the accused i

commission under this chapter and accepted by the military judge, a f

guilty of the charge or specification may be entered immediately with

The finding shall constitute the finding of the commission unless the p

guilty is withdrawn prior to announcement of the sentence, in which e

proceedings shall continue as though the accused had pleaded not guil

“§949j. OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDEN

“(a) RIGHT OF DEFENSE COUNSEL.—Defense counsel in a military co

under this chapter shall have a reasonable opportunity to obtain witne

other evidence as provided in regulations prescribed by the Secretary 

“(b) PROCESS FOR COMPULSION.—Process issued in a military comm

under this chapter to compel witnesses to appear and testify and to com

production of other evidence— 

“(1) shall be similar to that which courts of the United States 

criminal jurisdiction may lawfully issue; and 

“(2) shall run to any place where the United States shall have 

thereof.

“(c) PROTECTION OF CLASSIFIED INFORMATION.—

“(1) With respect to the discovery obligations of trial counsel 

section, the military judge, upon motion of trial counsel, shall 

to the extent practicable— 

“(A) the deletion of specified items of classified infor

from documents to be made available to the accused; 

“(B) the substitution of a portion or summary of the in

for such classified documents; or 
452

the sources, methods, or activities by which the United States 

such evidence are classified. The military judge may require t

to provide, to the extent practicable, an unclassified summary 

sources, methods, or activities by which the United States acq

evidence.

“(d) EXCULPATORY EVIDENCE.—

“(1) As soon as practicable, trial counsel shall disclose to the 

existence of any evidence known to trial counsel that reasonab

exculpate the accused. Where exculpatory evidence is classifi

accused shall be provided with an adequate substitute in accor

the procedures under subsection (c). 

“(2) In this subsection, the term ‘evidence known to trial coun

case of exculpatory evidence, means exculpatory evidence tha

prosecution would be required to disclose in a trial by general 

martial under chapter 47 of this title. 

“§949k. DEFENSE OF LACK OF MENTAL RESPONSIBILITY.

“(a) AFFIRMATIVE DEFENSE.—It is an affirmative defense in a trial by 

commission under this chapter that, at the time of the commission of t

constituting the offense, the accused, as a result of a severe mental dis

defect, was unable to appreciate the nature and quality or the wrongfu

acts. Mental disease or defect does not otherwise constitute a defense. 

“(b) BURDEN OF PROOF.—The accused in a military commission unde

chapter has the burden of proving the defense of lack of mental respon

clear and convincing evidence. 

“(c) FINDINGS FOLLOWING ASSERTION OF DEFENSE.—Whenever lack 

responsibility of the accused with respect to an offense is properly at i

military commission under this chapter, the military judge shall instru

members of the commission as to the defense of lack of mental respon

under this section and shall charge them to find the accused— 

“(1) guilty; 

“(2) not guilty; or 

“(3) subject to subsection (d), not guilty by reason of lack of m

responsibility. 

“(d) MAJORITY VOTE REQUIRED FOR FINDING.—The accused shall be 

guilty by reason of lack of mental responsibility under subsection (c)(
453

secret written ballot. 

“(b) RULINGS.—

“(1) The military judge in a military commission under this ch

rule upon all questions of law, including the admissibility of e

and all interlocutory questions arising during the proceedings

 “(2) Any ruling made by the military judge upon a question o

interlocutory question (other than the factual issue of mental 

responsibility of the accused) is conclusive and constitutes the 

the military commission. However, a military judge may chan

ruling at any time during the trial. 

“(c) INSTRUCTIONS PRIOR TO VOTE.—Before a vote is taken of the fin

military commission under this chapter, the military judge shall, in the 

of the accused and counsel, instruct the members as to the elements of 

offense and charge the members— 

“(1) that the accused must be presumed to be innocent until h

established by legal and competent evidence beyond a reason

“(2) that in the case being considered, if there is a reasonable 

the guilt of the accused, the doubt must be resolved in favor o

accused and he must be acquitted; 

“(3) that, if there is reasonable doubt as to the degree of guilt, 

must be in a lower degree as to which there is no reasonable d

“(4) that the burden of proof to establish the guilt of the accus

a reasonable doubt is upon the United States. 

“§949m. NUMBER OF VOTES REQUIRED.

“(a) CONVICTION.—No person may be convicted by a military comm

this chapter of any offense, except as provided in section 949i(b) of th

by concurrence of two-thirds of the members present at the time the v

“(b) SENTENCES.—

“(1) No person may be sentenced by a military commission to 

death, except insofar as— 

“(A) the penalty of death is expressly authorized unde

chapter or the law of war for an offense of which the 

been found guilty; 

“(B) trial counsel expressly sought the penalty of dea

an appropriate notice in advance of trial; 
454

except by the concurrence of three-fourths of the members pr

time the vote is taken.

“(3) All other sentences shall be determined by a military com

the concurrence of two-thirds of the members present at the ti

is taken. 

“(c) NUMBER OF MEMBERS REQUIRED FOR PENALTY OF DEATH.—

(1) Except as provided in paragraph (2), in a case in which the 

death is sought, the number of members of the military comm

under this chapter shall be not less than 12. 

“(2) In any case described in paragraph (1) in which 12 memb

reasonably available because of physical conditions or militar

exigencies, the convening authority shall specify a lesser num

members for the military commission (but not fewer than 9 m

and the military commission may be assembled, and the trial h

not fewer than the number of members so specified. In such a 

convening authority shall make a detailed written statement, t

appended to the record, stating why a greater number of mem

not reasonably available. 

“§949n. MILITARY COMMISSION TO ANNOUNCE ACTION.

“A military commission under this chapter shall announce its findings 

sentence to the parties as soon as determined. 

“§949o. RECORD OF TRIAL.

“(a) RECORD; AUTHENTICATION.—Each military commission under th

shall keep a separate, verbatim, record of the proceedings in each case 

before it, and the record shall be authenticated by the signature of the 

judge. If the record cannot be authenticated by the military judge by r

death, disability, or absence, it shall be authenticated by the signature 

counsel or by a member of the commission if the trial counsel is unab

authenticate it by reason of his death, disability, or absence. Where ap

and as provided in regulations prescribed by the Secretary of Defense

of a military commission under this chapter may contain a classified a

“(b) COMPLETE RECORD REQUIRED.—A complete record of the proce

testimony shall be prepared in every military commission under this c
455

of Defense. 

“SUBCHAPTER V—SENTENCES 

“SEC.

“949s. Cruel or unusual punishments prohibited. 

“949t. Maximum limits. 

“949u. Execution of confinement. 

“§949s. CRUEL OR UNUSUAL PUNISHMENTS PROHIBITED.

“Punishment by flogging, or by branding, marking, or tattooing on the 

any other cruel or unusual punishment, may not be adjudged by a mili

commission under this chapter or inflicted under this chapter upon any 

subject to this chapter. The use of irons, single or double, except for th

of safe custody, is prohibited under this chapter. 

“§949t. MAXIMUM LIMITS.

“The punishment which a military commission under this chapter may 

an offense may not exceed such limits as the President or Secretary of 

may prescribe for that offense. 

“§949u. EXECUTION OF CONFINEMENT.

“(a) IN GENERAL.—Under such regulations as the Secretary of Defens

prescribe, a sentence of confinement adjudged by a military commissi

this chapter may be carried into execution by confinement— 

“(1) in any place of confinement under the control of any of th

forces; or 

“(2) in any penal or correctional institution under the control o

United States or its allies, or which the United States may be 

use.

“(b) TREATMENT DURING CONFINEMENT BY OTHER THAN THE ARME

FORCES.—Persons confined under subsection (a)(2) in a penal or corr

institution not under the control of an armed force are subject to the sa

discipline and treatment as persons confined or committed by the cour
456

Sec.

“950a. Error of law; lesser included offense. 

“950b. Review by the convening authority. 

“950c. Appellate referral; waiver or withdrawal of appeal. 

“950d. Appeal by the United States. 

“950e. Rehearings. 

“950f. Review by Court of Military Commission Review. 

“950g. Review by the United States Court of Appeals for the 

Columbia Circuit and the Supreme Court. 

“950h. Appellate counsel. 

“950i. Execution of sentence; procedures for execution of se

death.

“950j. Finality or proceedings, findings, and sentences. 

“§950a. ERROR OF LAW; LESSER INCLUDED OFFENSE.

“(a) ERROR OF LAW.—A finding or sentence of a military commission 

chapter may not be held incorrect on the ground of an error of law unl

error materially prejudices the substantial rights of the accused. 

“(b) LESSER INCLUDED OFFENSE.—Any reviewing authority with the 

approve or affirm a finding of guilty by a military commission under t

may approve or affirm, instead, so much of the finding as includes a l

included offense. 

“§950b. REVIEW BY THE CONVENING AUTHORITY.

“(a) NOTICE TO CONVENING AUTHORITY OF FINDINGS AND SENTENC

findings and sentence of a military commission under this chapter sha

reported in writing promptly to the convening authority after the anno

of the sentence. 

“(b) SUBMITTAL OF MATTERS BY ACCUSED TO CONVENING AUTHOR

“(1) The accused may submit to the convening authority matt

consideration by the convening authority with respect to the f

the sentence of the military commission under this chapter. 

“(2)(A) Except as provided in subparagraph (B), a submittal u

paragraph (1) shall be made in writing within 20 days after th

has been given an authenticated record of trial under section 9

this title. 
457

writing and may not be revoked. For the purposes of subsectio

the time within which the accused may make a submittal unde

subsection shall be deemed to have expired upon the submitta

waiver under this paragraph to the convening authority. 

“(c) ACTION BY CONVENING AUTHORITY.—

“(1) The authority under this subsection to modify the finding

sentence of a military commission under this chapter is a matt

sole discretion and prerogative of the convening authority. 

“(2)(A) The convening authority shall take action on the sente

military commission under this chapter. 

“(B) Subject to regulations prescribed by the Secretar

Defense, action on the sentence under this paragraph 

taken only after consideration of any matters submitte

accused under subsection (b) or after the time for sub

such matters expires, whichever is earlier. 

“(C) In taking action under this paragraph, the conven

authority may, in his sole discretion, approve, disappr

commute, or suspend the sentence in whole or in part

convening authority may not increase a sentence beyo

which is found by the military commission. 

“(3) The convening authority is not required to take action on 

findings of a military commission under this chapter. If the co

authority takes action on the findings, the convening authority 

his sole discretion, may— 

“(A) dismiss any charge or specification by setting as

finding of guilty thereto; or 

“(B) change a finding of guilty to a charge to a findin

to an offense that is a lesser included offense of the o

stated in the charge. 

“(4) The convening authority shall serve on the accused or on 

counsel notice of any action taken by the convening authority 

subsection.

“(d) ORDER OF REVISION OR REHEARING.—

“(1) Subject to paragraphs (2) and (3), the convening authorit

military commission under this chapter may, in his sole discre

a proceeding in revision or a rehearing. 
458

sentence that can be rectified without materia

to the substantial rights of the accused. 

“(B) In no case may a proceeding in revision— 

“(i) reconsider a finding of not guilty of a spe

or a ruling which amounts to a finding of not 

“(ii) reconsider a finding of not guilty of any 

unless there has been a finding of guilty unde

specification laid under that charge, which su

alleges a violation; or 

“(iii) increase the severity of the sentence unl

sentence prescribed for the offense is mandat

“(3) A rehearing may be ordered by the convening authority i

convening authority disapproves the findings and sentence an

reasons for disapproval of the findings. If the convening autho

disapproves the finding and sentence and does not order a reh

convening authority shall dismiss the charges. A rehearing as 

findings may not be ordered by the convening authority when 

lack of sufficient evidence in the record to support the finding

rehearing as to the sentence may be ordered by the convening 

the convening authority disapproves the sentence. 

“§950c. APPELLATE REFERRAL; WAIVER OR WITHDRAWAL OF AP

“(a) AUTOMATIC REFERRAL FOR APPELLATE REVIEW.—Except as pro

under subsection (b), in each case in which the final decision of a mili

commission (as approved by the convening authority) includes a findi

guilty, the convening authority shall refer the case to the Court of Mil

Commission Review. Any such referral shall be made in accordance w

procedures prescribed under regulations of the Secretary. 

“(b) WAIVER OF RIGHT OF REVIEW.—

“(1) In each case subject to appellate review under section 95

title, except a case in which the sentence as approved under se

of this title extends to death, the accused may file with the con

authority a statement expressly waiving the right of the accus

review.

“(2) A waiver under paragraph (1) shall be signed by both the 

and a defense counsel. 
459

withdraw an appeal at any time. 

“(d) EFFECT OF WAIVER OR WITHDRAWAL.—A waiver of the right to 

review or the withdrawal of an appeal under this section bars review u

section 950f of this title. 

“§950d. APPEAL BY THE UNITED STATES.

“(a) INTERLOCUTORY APPEAL.—

“(1) Except as provided in paragraph (2), in a trial by military 

commission under this chapter, the United States may take an 

interlocutory appeal to the Court of Military Commission Rev

order or ruling of the military judge that— 

“(A) terminates proceedings of the military commissi

respect to a charge or specification; 

“(B) excludes evidence that is substantial proof of a f

in the proceeding; or 

“(C) relates to a matter under subsection (d), (e), or (f

949d of this title or section 949j(c) of this title. 

“(2) The United States may not appeal under paragraph (1) an 

ruling that is, or amounts to, a finding of not guilty by the mil

commission with respect to a charge or specification. 

“(b) NOTICE OF APPEAL.—The United States shall take an appeal of a

ruling under subsection (a) by filing a notice of appeal with the milita

within five days after the date of such order or ruling. 

“(c) APPEAL.—An appeal under this section shall be forwarded, by m

specified in regulations prescribed the Secretary of Defense, directly t

of Military Commission Review. In ruling on an appeal under this sec

Court may act only with respect to matters of law. 

“(d) APPEAL FROM ADVERSE RULING.—The United States may appea

adverse ruling on an appeal under subsection (c) to the United States C

Appeals for the District of Columbia Circuit by filing a petition for re

Court of Appeals within 10 days after the date of such ruling. Review 

subsection shall be at the discretion of the Court of Appeals. 

“§950e. REHEARINGS.

“(a) COMPOSITION OF MILITARY COMMISSION FOR REHEARING.— Ea

rehearing under this chapter shall take place before a military commis
460

(B) no sentence in excess of or more than the origina

may be imposed unless— 

“(i) the sentence is based upon a finding of gu

offense not considered upon the merits in the 

proceedings; or 

“(ii) the sentence prescribed for the offense is 

mandatory. 

“(2) Upon a rehearing, if the sentence approved after the first 

commission was in accordance with a pretrial agreement and 

at the rehearing changes his plea with respect to the charges o

specifications upon which the pretrial agreement was based, o

does not comply with pretrial agreement, the sentence as to th

or specifications may include any punishment not in excess o

lawfully adjudged at the first military commission. 

“§950f. REVIEW BY COURT OF MILITARY COMMISSION REVIEW.

“(a) ESTABLISHMENT.—The Secretary of Defense shall establish a Co

Military Commission Review which shall be composed of one or mor

and each such panel shall be composed of not less than three appellate 

judges. For the purpose of reviewing military commission decisions u

chapter, the court may sit in panels or as a whole in accordance with r

prescribed by the Secretary. 

“(b) APPELLATE MILITARY JUDGES.—The Secretary shall assign appe

military judges to a Court of Military Commission Review. Each appe

military judge shall meet the qualifications for military judges prescrib

section 948j(b) of this title or shall be a civilian with comparable qual

No person may be serve as an appellate military judge in any case in w

person acted as a military judge, counsel, or reviewing official. 

“(c) CASES TO BE REVIEWED.—The Court of Military Commission R

accordance with procedures prescribed under regulations of the Secre

review the record in each case that is referred to the Court by the conv

authority under section 950c of this title with respect to any matter of 

by the accused. 

“(d) SCOPE OF REVIEW.—In a case reviewed by the Court of Military 

Commission Review under this section, the Court may act only with r

matters of law. 
461

military commission (as approved by the convening authority

chapter.

“(B) The Court of Appeals may not review the final j

until all other appeals under this chapter have been w

exhausted.

“(2) A petition for review must be filed by the accused in the 

Appeals not later than 20 days after the date on which— 

“(A) written notice of the final decision of the Court o

Commission Review is served on the accused or on d

counsel; or 

“(B) the accused submits, in the form prescribed by s

of this title, a written notice waiving the right of the a

review by the Court of Military Commission Review 

section 950f of this title. 

“(b) STANDARD FOR REVIEW.—In a case reviewed by it under this sec

Court of Appeals may act only with respect to matters of law. 

“(c) SCOPE OF REVIEW.—The jurisdiction of the Court of Appeals on 

under subsection (a) shall be limited to the consideration of— 

“(1) whether the final decision was consistent with the standa

procedures specified in this chapter; and 

“(2) to the extent applicable, the Constitution and the laws of 

States.

“(d) SUPREME COURT.—The Supreme Court may review by writ of c

final judgment of the Court of Appeals pursuant to section 1257 of titl

“§950h. APPELLATE COUNSEL.

“(a) APPOINTMENT.—The Secretary of Defense shall, by regulation, e

procedures for the appointment of appellate counsel for the United Sta

the accused in military commissions under this chapter. Appellate cou

meet the qualifications for counsel appearing before military commiss

this chapter. 

“(b) REPRESENTATION OF UNITED STATES.—Appellate counsel appoi

subsection (a)— 

“(1) shall represent the United States in any appeal or review 

under this chapter before the Court of Military Commission R
462

Commission Review, the United States Court of Appeals for the Distr

Columbia Circuit, and the Supreme Court, and by civilian counsel if r

the accused. Any such civilian counsel shall meet the qualifications un

paragraph (3) of section 949c(b) of this title for civilian counsel appea

military commissions under this chapter and shall be subject to the req

of paragraph (4) of that section. 

“§950i. EXECUTION OF SENTENCE; PROCEDURES FOR EXECUTION 

SENTENCE OF DEATH.

“(a) IN GENERAL.—The Secretary of Defense is authorized to carry ou

sentence imposed by a military commission under this chapter in acco

with such procedures as the Secretary may prescribe. 

“(b) EXECUTION OF SENTENCE OF DEATH ONLY UPON APPROVAL BY 

PRESIDENT.—If the sentence of a military commission under this chap

to death, that part of the sentence providing for death may not be exec

approved by the President. In such a case, the President may commute

suspend the sentence, or any part thereof, as he sees fit. 

“(c) EXECUTION OF SENTENCE ONLY UPON FINAL JUDGMENT OF LEGA

PROCEEDINGS.—

“(1) If the sentence of a military commission under this chapt

to death, the sentence may not be executed until there is a fina

as to the legality of the proceedings (and with respect to death

under subsection (b)). 

“(2) A judgment as to legality of proceedings is final for purp

paragraph (1) when— 

“(A) the time for the accused to file a petition for revi

Court of Appeals for the District of Columbia Circuit 

and the accused has not filed a timely petition for suc

and the case is not otherwise under review by that Co

“(B) review is completed in accordance with the judg

United States Court of Appeals for the District of Col

Circuit and— 

“(i) a petition for a writ of certiorari is not tim

“(ii) such a petition is denied by the Supreme 

“(iii) review is otherwise completed in accord

the judgment of the Supreme Court. 
463

(a) FINALITY.—The appellate review of records of trial provided by 

and the proceedings, findings, and sentences of military commissions 

approved, reviewed, or affirmed as required by this chapter, are final a

conclusive. Orders publishing the proceedings of military commission

chapter are binding upon all departments, courts, agencies, and officer

United States, except as otherwise provided by the President. 

“(b) PROVISIONS OF CHAPTER SOLE BASIS FOR REVIEW OF MILITARY

COMMISSION PROCEDURES AND ACTIONS.—Except as otherwise prov

chapter and notwithstanding any other provision of law (including sec

of title 28 or any other habeas corpus provision), no court, justice, or j

have jurisdiction to hear or consider any claim or cause of action wha

including any action pending on or filed after the date of the enactmen

Military Commissions Act of 2006, relating to the prosecution, trial, o

of a military commission under this chapter, including challenges to th

lawfulness of procedures of military commissions under this chapter. 

“SUBCHAPTER VII—PUNITIVE MATTERS 

“Sec.

“950p. Statement of substantive offenses. 

“950q. Principals. 

“950r. Accessory after the fact. 

“950s. Conviction of lesser included offense. 

“950t. Attempts. 

“950u. Solicitation. 

“950v. Crimes triable by military commissions. 

“950w. Perjury and obstruction of justice; contempt. 

“§950p. STATEMENT OF SUBSTANTIVE OFFENSES.

“(a) PURPOSE.—The provisions of this subchapter codify offenses tha

traditionally been triable by military commissions. This chapter does n

establish new crimes that did not exist before its enactment, but rather 

those crimes for trial by military commission. 

“(b) EFFECT.—Because the provisions of this subchapter (including p

that incorporate definitions in other provisions of law) are declarative 
464

counsels, commands, or procures its commission; 

“(2) causes an act to be done which if directly performed by h

be punishable by this chapter; or 

“(3) is a superior commander who, with regard to acts punish

this chapter, knew, had reason to know, or should have known

subordinate was about to commit such acts or had done so and 

failed to take the necessary and reasonable measures to preven

or to punish the perpetrators thereof. 

“§950r. ACCESSORY AFTER THE FACT.

“Any person subject to this chapter who, knowing that an offense pun

this chapter has been committed, receives, comforts, or assists the offe

order to hinder or prevent his apprehension, trial, or punishment shall 

punished as a military commission under this chapter may direct. 

“§950s. CONVICTION OF LESSER INCLUDED OFFENSE.

“An accused may be found guilty of an offense necessarily included in 

offense charged or of an attempt to commit either the offense charged 

attempt to commit either the offense charged or an offense necessarily 

therein.

“§950t. ATTEMPTS.

“(a) IN GENERAL.—Any person subject to this chapter who attempts t

any offense punishable by this chapter shall be punished as a military 

commission under this chapter may direct. 

“(b) SCOPE OF OFFENSE.—An act, done with specific intent to commi

under this chapter, amounting to more than mere preparation and tend

though failing, to effect its commission, is an attempt to commit that o

“(c) EFFECT OF CONSUMMATION.—Any person subject to this chapter 

convicted of an attempt to commit an offense although it appears on th

the offense was consummated. 

“§950u. SOLICITATION.

“Any person subject to this chapter who solicits or advises another or 

commit one or more substantive offenses triable by military commissi

this chapter shall, if the offense solicited or advised is attempted or co
465

(1) MILITARY OBJECTIVE.—The term 

military objective m

“(A) combatants; and 

“(B) those objects during an armed conflict— 

“(i) which, by their nature, location, purpose, 

effectively contribute to the opposing force’s 

warfighting or war-sustaining capability; and 

“(ii) the total or partial destruction, capture, o

neutralization of which would constitute a de

military advantage to the attacker under the 

circumstances at the time of the attack. 

“(2) PROTECTED PERSON.—The term ‘protected person’ mean

person entitled to protection under one or more of the Geneva 

Conventions, including— 

“(A) civilians not taking an active part in hostilities; 

“(B) military personnel placed hors de combat by sick

wounds, or detention; and 

“(C) military medical or religious personnel. 

“(3) PROTECTED PROPERTY.—The term ‘protected property’ 

property specifically protected by the law of war (such as buil

dedicated to religion, education, art, science or charitable purp

historic monuments, hospitals, or places where the sick and w

collected), if such property is not being used for military purp

not otherwise a military objective. Such term includes objects 

identified by one of the distinctive emblems of the Geneva Co

but does not include civilian property that is a military objecti

“(4) CONSTRUCTION.—The intent specified for an offense un

paragraph (1), (2), (3), (4), or (12) of subsection (b) precludes 

applicability of such offense with regard to— 

“(A) collateral damage; or 

“(B) death, damage, or injury incident to a lawful atta

“(b) OFFENSES.—The following offenses shall be triable by military c

under this chapter at any time without limitation: 

“(1) MURDER OF PROTECTED PERSONS.—Any person subject 

chapter who intentionally kills one or more protected persons 

punished by death or such other punishment as a military com

under this chapter may direct. 
466

than death, as a military commission under this chapter may d

“(3) ATTACKING CIVILIAN OBJECTS.—Any person subject to 

who intentionally engages in an attack upon a civilian object t

military objective shall be punished as a military commission 

chapter may direct. 

“(4) ATTACKING PROTECTED PROPERTY.—Any person subje

chapter who intentionally engages in an attack upon protected 

shall be punished as a military commission under this chapter 

“(5) PILLAGING.—Any person subject to this chapter who inte

and in the absence of military necessity appropriates or seizes 

for private or personal use, without the consent of a person wi

to permit such appropriation or seizure, shall be punished as a 

commission under this chapter may direct. 

“(6) DENYING QUARTER.—Any person subject to this chapter 

effective command or control over subordinate groups, declar

or otherwise indicates to those groups that there shall be no su

surrender accepted, with the intent to threaten an adversary or 

hostilities such that there would be no survivors or surrender a

shall be punished as a military commission under this chapter 

“(7) TAKING HOSTAGES.—Any person subject to this chapter 

having knowingly seized or detained one or more persons, thr

kill, injure, or continue to detain such person or persons with 

compelling any nation, person other than the hostage, or grou

persons to act or refrain from acting as an explicit or implicit 

for the safety or release of such person or persons, shall be pu

death results to one or more of the victims, by death or such o

punishment as a military commission under this chapter may 

if death does not result to any of the victims, by such punishm

than death, as a military commission under this chapter may d

“(8) EMPLOYING POISON OR SIMILAR WEAPONS.—Any perso

this chapter who intentionally, as a method of warfare, emplo

substance or weapon that releases a substance that causes dea

serious and lasting damage to health in the ordinary course of 

through its asphyxiating, bacteriological, or toxic properties, s

punished, if death results to one or more of the victims, by de

other punishment as a military commission under this chapter 
467

results to one or more of the victims, by death or such other p

as a military commission under this chapter may direct, and, i

does not result to any of the victims, by such punishment, oth

death, as a military commission under this chapter may direct

“(10) USING PROTECTED PROPERTY AS A SHIELD.—Any pers

to this chapter who positions, or otherwise takes advantage of 

location of, protected property with the intent to shield a milit

objective from attack, or to shield, favor, or impede military o

shall be punished as a military commission under this chapter 

“(11) TORTURE.—

“(A) OFFENSE.—Any person subject to this chapter w

commits an act specifically intended to inflict severe 

mental pain or suffering (other than pain or suffering 

to lawful sanctions) upon another person within his cu

physical control for the purpose of obtaining informat

confession, punishment, intimidation, coercion, or an

based on discrimination of any kind, shall be punishe

results to one or more of the victims, by death or such 

punishment as a military commission under this chap

direct, and, if death does not result to any of the victim

punishment, other than death, as a military commissio

this chapter may direct. 

“(B) SEVERE MENTAL PAIN OR SUFFERING DEFINED.

In this section, the term ‘severe mental pain or sufferi

meaning given that term in section 2340(2) of title 18

“(12) CRUEL OR INHUMAN TREATMENT.—

“(A) OFFENSE.—Any person subject to this chapter w

commits an act intended to inflict severe or serious ph

mental pain or suffering (other than pain or suffering 

to lawful sanctions), including serious physical abuse

another within his custody or control shall be punishe

results to the victim, by death or such other punishme

military commission under this chapter may direct, an

does not result to the victim, by such punishment, oth

death, as a military commission under this chapter ma

“(B) DEFINITIONS.—In this paragraph: 
468

bruises); or

“(IV) significant loss or impairment o

function of a bodily member, organ, 

faculty. 

“(ii) The term ‘severe mental pain or sufferin

meaning given that term in section 2340(2) o

“(iii) The term ‘serious mental pain or sufferi

meaning given the term ‘severe mental pain o

in section 2340(2) of title 18, except that— 

“(I) the term ‘serious’ shall replace th

‘severe’ where it appears; and 

“(II) as to conduct occurring after the 

enactment of the Military Commissio

2006, the term ‘serious and non-trans

mental harm (which need not be prol

shall replace the term ‘prolonged men

where it appears. 

“(13) INTENTIONALLY CAUSING SERIOUS BODILY INJURY.— 

“(A) OFFENSE.—Any person subject to this chapter w

intentionally causes serious bodily injury to one or m

including lawful combatants, in violation of the law o

be punished, if death results to one or more of the vic

death or such other punishment as a military commis

this chapter may direct, and, if death does not result to 

victims, by such punishment, other than death, as a m

commission under this chapter may direct. 

“(B) SERIOUS BODILY INJURY DEFINED.—In this par

term ‘serious bodily injury’ means bodily injury whic

involves—

“(i) a substantial risk of death; 

“(ii) extreme physical pain; 

“(iii) protracted and obvious disfigurement; o

“(iv) protracted loss or impairment of the fun

bodily member, organ, or mental faculty. 

“(14) MUTILATING OR MAIMING.—Any person subject to this 

who intentionally injures one or more protected persons by di
469

punishment, other than death, as a military commission under 

chapter may direct. 

“(15) MURDER IN VIOLATION OF THE LAW OF WAR.—Any pe

subject to this chapter who intentionally kills one or more per

including lawful combatants, in violation of the law of war sh

punished by death or such other punishment as a military com

under this chapter may direct. 

“(16) DESTRUCTION OF PROPERTY IN VIOLATION OF THE LAW 

WAR.—Any person subject to this chapter who intentionally d

property belonging to another person in violation of the law o

punished as a military commission under this chapter may dir

“(17) USING TREACHERY OR PERFIDY.—Any person subject t

chapter who, after inviting the confidence or belief of one or m

persons that they were entitled to, or obliged to accord, prote

the law of war, intentionally makes use of that confidence or b

killing, injuring, or capturing such person or persons shall be 

death results to one or more of the victims, by death or such o

punishment as a military commission under this chapter may 

if death does not result to any of the victims, by such punishm

than death, as a military commission under this chapter may d

“(18) IMPROPERLY USING A FLAG OF TRUCE.—Any person su

this chapter who uses a flag of truce to feign an intention to n

surrender, or otherwise suspend hostilities when there is no su

intention shall be punished as a military commission under th

may direct. 

“(19) IMPROPERLY USING A DISTINCTIVE EMBLEM.—Any pe

to this chapter who intentionally uses a distinctive emblem re

the law of war for combatant purposes in a manner prohibited 

of war shall be punished as a military commission under this 

direct.

“(20) INTENTIONALLY MISTREATING A DEAD BODY.—Any p

subject to this chapter who intentionally mistreats the body of 

person, without justification by legitimate military necessity, 

punished as a military commission under this chapter may dir

“(21) RAPE.—Any person subject to this chapter who forcibly 

coercion or threat of force wrongfully invades the body of a p
470

sexual contact, shall be punished as a military commission un

chapter may direct. 

“(23) HIJACKING OR HAZARDING A VESSEL OR AIRCRAFT.— 

subject to this chapter who intentionally seizes, exercises unau

control over, or endangers the safe navigation of a vessel or a

is not a legitimate military objective shall be punished, if deat

one or more of the victims, by death or such other punishmen

military commission under this chapter may direct, and, if dea

result to any of the victims, by such punishment, other than de

military commission under this chapter may direct. 

“(24) TERRORISM.—Any person subject to this chapter who in

kills or inflicts great bodily harm on one or more protected pe

intentionally engages in an act that evinces a wanton disregar

life, in a manner calculated to influence or affect the conduct 

government or civilian population by intimidation or coercion

retaliate against government conduct, shall be punished, if dea

to one or more of the victims, by death or such other punishm

military commission under this chapter may direct, and, if dea

result to any of the victims, by such punishment, other than de

military commission under this chapter may direct. 

“(25) PROVIDING MATERIAL SUPPORT FOR TERRORISM.—

“(A) OFFENSE.—Any person subject to this chapter w

provides material support or resources, knowing or in

that they are to be used in preparation for, or in carryi

act of terrorism (as set forth in paragraph (24)), or wh

intentionally provides material support or resources to 

international terrorist organization engaged in hostilit

the United States, knowing that such organization has 

engages in terrorism (as so set forth), shall be punishe

military commission under this chapter may direct. 

“(B) MATERIAL SUPPORT OR RESOURCES DEFINED.—

paragraph, the term ‘material support or resources’ ha

meaning given that term in section 2339A(b) of title 1

“(26) WRONGFULLY AIDING THE ENEMY.—Any person subje

chapter who, in breach of an allegiance or duty to the United 

knowingly and intentionally aids an enemy of the United Stat
471

for the purpose of conveying such information to an enemy of 

States, or one of the co-belligerents of the enemy, shall be pun

death or such other punishment as a military commission und

chapter may direct. 

“(28) CONSPIRACY.—Any person subject to this chapter who 

to commit one or more substantive offenses triable by military 

commission under this chapter, and who knowingly does any 

effect the object of the conspiracy, shall be punished, if death 

one or more of the victims, by death or such other punishmen

military commission under this chapter may direct, and, if dea

result to any of the victims, by such punishment, other than de

military commission under this chapter may direct. 

“§950w. PERJURY AND OBSTRUCTION OF JUSTICE; CONTEMPT.

“(a) PERJURY AND OBSTRUCTION OF JUSTICE.—A military commissio

this chapter may try offenses and impose such punishment as the milit

commission may direct for perjury, false testimony, or obstruction of j

related to military commissions under this chapter. 

“(b) CONTEMPT.—A military commission under this chapter may pun

contempt any person who uses any menacing word, sign, or gesture in 

presence, or who disturbs its proceedings by any riot or disorder.”. 

(2) TABLES OF CHAPTERS AMENDMENTS.—The tables of chapters at t

beginning of subtitle A, and at the beginning of part II of subtitle A, o

United States Code, are each amended by inserting after the item relat

chapter 47 the following new item: 

“47A. Military Commissions ................................................................

(b) SUBMITTAL OF PROCEDURES TO CONGRESS.—Not later than 90 da

date of the enactment of this Act, the Secretary of Defense shall subm

Committees on Armed Services of the Senate and the House of Repre

report setting forth the procedures for military commissions prescribe

chapter 47A of title 10, United States Code (as added by subsection (a
472

(article 2(a)) is amended by adding at the end the following n

paragraph:

“(13) Lawful enemy combatants (as that term is defined in section 948

title) who violate the law of war.”. 

(2) EXCLUSION OF APPLICABILITY TO CHAPTER 47A COMMIS

Sections 821, 828, 848, 850(a), 904, and 906 (articles 21, 28, 

104, and 106) are amended by adding at the end the following 

sentence: “This section does not apply to a military commissi

established under chapter 47A of this title.”. 

(3) INAPPLICABILITY OF REQUIREMENTS RELATING TO REGU

Section 836 (article 36) is amended— 

(A) in subsection (a), by inserting “, except as provid

chapter 47A of this title,” after “but which may not”; 

(B) in subsection (b), by inserting before the period a

except insofar as applicable to military commissions 

under chapter 47A of this title”. 

(b) PUNITIVE ARTICLE OF CONSPIRACY.—Section 881 of title 10, Uni

Code (article 81 of the Uniform Code of Military Justice), is amended

(1) by inserting “(a)” before “Any person”; and 

(2) by adding at the end the following new subsection: 

“(b) Any person subject to this chapter who conspires with any other p

commit an offense under the law of war, and who knowingly does an 

effect the object of the conspiracy, shall be punished, if death results t

more of the victims, by death or such other punishment as a court-mar

military commission may direct, and, if death does not result to any o

victims, by such punishment, other than death, as a court-martial or m

commission may direct.”. 

TREATY OBLIGATIONS NOT ESTABLISHING GROUNDS FOR CERTA

SEC. 5. 

(a) IN GENERAL.—No person may invoke the Geneva Conventions or 

protocols thereto in any habeas corpus or other civil action or proceed
473

Wounded and Sick in Armed Forces in the Field, done at Gen

12, 1949 (6 UST 3114); 

(2) the Convention for the Amelioration of the Condition of th

Wounded, Sick, and Shipwrecked Members of the Armed For

done at Geneva August 12, 1949 (6 UST 3217); 

(3) the Convention Relative to the Treatment of Prisoners of W

at Geneva August 12, 1949 (6 UST 3316); and 

(4) the Convention Relative to the Protection of Civilian Pers

of War, done at Geneva August 12, 1949 (6 UST 3516). 

IMPLEMENTATION OF TREATY OBLIGATIONS

SEC. 6. 

(a) IMPLEMENTATION OF TREATY OBLIGATIONS.—

(1) IN GENERAL.—The acts enumerated in subsection (d) of s

of title 18, United States Code, as added by subsection (b) of 

and in subsection (c) of this section, constitute violations of c

Article 3 of the Geneva Conventions prohibited by United Sta

(2) PROHIBITION ON GRAVE BREACHES.—The provisions of s

2441 of title 18, United States Code, as amended by this secti

satisfy the obligation under Article 129 of the Third Geneva C

for the United States to provide effective penal sanctions for g

breaches which are encompassed in common Article 3 in the 

an armed conflict not of an international character. No foreign 

international source of law shall supply a basis for a rule of de

the courts of the United States in interpreting the prohibitions 

enumerated in subsection (d) of such section 2441. 

(3) INTERPRETATION BY THE PRESIDENT.—

(A) As provided by the Constitution and by this sectio

President has the authority for the United States to int

meaning and application of the Geneva Conventions 

promulgate higher standards and administrative regul

violations of treaty obligations which are not grave br

the Geneva Conventions. 
474

administrative regulations. 

(D) Nothing in this section shall be construed to affec

constitutional functions and responsibilities of Congr

judicial branch of the United States. 

(4) DEFINITIONS.—In this subsection: 

(A) GENEVA CONVENTIONS.—The term “Geneva Co

means— 

(i) the Convention for the Amelioration of the 

of the Wounded and Sick in Armed Forces in 

done at Geneva August 12, 1949 (6 UST 321

(ii) the Convention for the Amelioration of th

of the Wounded, Sick, and Shipwrecked Mem

Armed Forces at Sea, done at Geneva August 

(6 UST 3217); 

(iii) the Convention Relative to the Treatmen

Prisoners of War, done at Geneva August 12, 

UST 3316); and 

(iv) the Convention Relative to the Protection 

Persons in Time of War, done at Geneva Aug

1949 (6 UST 3516). 

(B) THIRD GENEVA CONVENTION.—The term “Third 

Convention” means the international convention refer

subparagraph (A)(iii). 

(b) REVISION TO WAR CRIMES OFFENSE UNDER FEDERAL CRIMINAL 

(1) IN GENERAL.—Section 2441 of title 18, United States C

amended— 

(A) in subsection (c), by striking paragraph (3) and in

following new paragraph (3): 

“(3) which constitutes a grave breach of common Article 3 (a

subsection (d)) when committed in the context of and in assoc

an armed conflict not of an international character; or”; and 

(B) by adding at the end the following new subsection
475

or attempts to commit, an act specifically intended to 

severe physical or mental pain or suffering (other than 

suffering incidental to lawful sanctions) upon another 

within his custody or physical control for the purpose 

obtaining information or a confession, punishment, in

coercion, or any reason based on discrimination of an

“(B) CRUEL OR INHUMAN TREATMENT.—The act of a 

who commits, or conspires or attempts to commit, an 

intended to inflict severe or serious physical or menta

suffering (other than pain or suffering incidental to la

sanctions), including serious physical abuse, upon ano

his custody or control. 

“(C) PERFORMING BIOLOGICAL EXPERIMENTS.—The 

person who subjects, or conspires or attempts to subje

more persons within his custody or physical control to 

experiments without a legitimate medical or dental pu

in so doing endangers the body or health of such pers

persons.

“(D) MURDER.—The act of a person who intentionall

conspires or attempts to kill, or kills whether intention

unintentionally in the course of committing any other 

under this subsection, one or more persons taking no 

in the hostilities, including those placed out of comba

sickness, wounds, detention, or any other cause. 

“(E) MUTILATION OR MAIMING.—The act of a person 

intentionally injures, or conspires or attempts to injur

whether intentionally or unintentionally in the course 

committing any other offense under this subsection, o

persons taking no active part in the hostilities, includi

placed out of combat by sickness, wounds, detention, 

other cause, by disfiguring the person or persons by a

mutilation thereof or by permanently disabling any m

limb, or organ of his body, without any legitimate me

dental purpose. 
476

invade, the body of a person by penetrating, however 

the anal or genital opening of the victim with any par

body of the accused, or with any foreign object. 

“(H) SEXUAL ASSAULT OR ABUSE.—The act of a per

forcibly or with coercion or threat of force engages, o

or attempts to engage, in sexual contact with one or m

persons, or causes, or conspires or attempts to cause, 

persons to engage in sexual contact. 

“(I) TAKING HOSTAGES.—The act of a person who, h

knowingly seized or detained one or more persons, th

kill, injure, or continue to detain such person or perso

intent of compelling any nation, person other than the 

group of persons to act or refrain from acting as an ex

implicit condition for the safety or release of such per

persons.

“(2) DEFINITIONS.—In the case of an offense under subsectio

reason of subsection (c)(3)— 

“(A) the term ‘severe mental pain or suffering’ shall b

for purposes of paragraphs (1)(A) and (1)(B) in accor

the meaning given that term in section 2340(2) of this 

“(B) the term ‘serious bodily injury’ shall be applied 

purposes of paragraph (1)(F) in accordance with the m

given that term in section 113(b)(2) of this title; 

“(C) the term ‘sexual contact’ shall be applied for pur

paragraph (1)(G) in accordance with the meaning giv

in section 2246(3) of this title; 

“(D) the term ‘serious physical pain or suffering’ shal

for purposes of paragraph (1)(B) as meaning bodily in

involves—

“(i) a substantial risk of death; 

“(ii) extreme physical pain; 

“(iii) a burn or physical disfigurement of a se

(other than cuts, abrasions, or bruises); or 

“(iv) significant loss or impairment of the fun

bodily member, organ, or mental faculty; and 
477

(ii) as to conduct occurring after the date of 

enactment of the Military Commissions Act o

term ‘serious and non-transitory mental harm 

need not be prolonged)’ shall replace the term 

‘prolonged mental harm’ where it appears. 

“(3) INAPPLICABILITY OF CERTAIN PROVISIONS WITH RESPEC

COLLATERAL DAMAGE OR INCIDENT OF LAWFUL ATTACK.—

specified for the conduct stated in subparagraphs (D), (E), and 

paragraph (1) precludes the applicability of those subparagrap

offense under subsection (a) by reasons of subsection (c)(3) w

to—

“(A) collateral damage; or 

“(B) death, damage, or injury incident to a lawful atta

“(4) INAPPLICABILITY OF TAKING HOSTAGES TO PRISONER 

EXCHANGE.—Paragraph (1)(I) does not apply to an offense u

subsection (a) by reason of subsection (c)(3) in the case of a p

exchange during wartime. 

“(5) DEFINITION OF GRAVE BREACHES.—The definitions in th

subsection are intended only to define the grave breaches of c

Article 3 and not the full scope of United States obligations un

Article.”.

(2) RETROACTIVE APPLICABILITY.—The amendments made b

subsection, except as specified in subsection (d)(2)(E) of sect

title 18, United States Code, shall take effect as of November 

as if enacted immediately after the amendments made by sect

Public Law 105–118 (as amended by section 4002(e)(7) of Pu

107– 273). 

(c) ADDITIONAL PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING 

TREATMENT OR PUNISHMENT.—

(1) IN GENERAL.—No individual in the custody or under the p

control of the United States Government, regardless of nation

physical location, shall be subject to cruel, inhuman, or degra

treatment or punishment. 

(2) CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNIS

DEFINED.—In this subsection, the term “cruel, inhuman, or de
478

December 10, 1984. 

(3) COMPLIANCE.—The President shall take action to ensure c

with this subsection, including through the establishment of 

administrative rules and procedures. 

HABEAS CORPUS MATTERS

SEC. 7. 

(a) IN GENERAL.—Section 2241 of title 28, United States Code, is am

striking both the subsection (e) added by section 1005(e)(1) of Public 

148 (119 Stat. 2742) and the subsection (e) added by added by section 

of Public Law 109–163 (119 Stat. 3477) and inserting the following n

subsection (e): 

“(e)(1) No court, justice, or judge shall have jurisdiction to hear or con

application for a writ of habeas corpus filed by or on behalf of an alien 

by the United States who has been determined by the United States to 

properly detained as an enemy combatant or is awaiting such determin

“(2) Except as provided in paragraphs (2) and (3) of section 1

the Detainee Treatment Act of 2005 (10 U.S.C. §801 note), no 

justice, or judge shall have jurisdiction to hear or consider any 

action against the United States or its agents relating to any as

detention, transfer, treatment, trial, or conditions of confinem

alien who is or was detained by the United States and has bee

determined by the United States to have been properly detaine

enemy combatant or is awaiting such determination.”. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall 

on the date of the enactment of this Act, and shall apply to all cases, w

exception, pending on or after the date of the enactment of this Act wh

to any aspect of the detention, transfer, treatment, trial, or conditions o

of an alien detained by the United States since September 11, 2001. 
479

(1) by striking may provide and inserting shall provide; 

(2) by inserting “or investigation” after “criminal prosecution

(3) by inserting “whether before United States courts or agenc

courts or agencies, or international courts or agencies,” after “

in that subsection”. 

(b) PROTECTION OF PERSONNEL.—Section 1004 of the Detainee Trea

of 2005 (42 U.S.C. §2000dd–1) shall apply with respect to any crimin

prosecution that—

(1) relates to the detention and interrogation of aliens describe

section;

(2) is grounded in section 2441(c)(3) of title 18, United States 

(3) relates to actions occurring between September 11, 2001, 

December 30, 2005. 

REVIEW OF JUDGMENTS OF MILITARY COMMISSIONS

SEC. 9. 

Section 1005(e)(3) of the Detainee Treatment Act of 2005 (title X of P

109–148; 119 Stat. 2740; 10 U.S.C. §801 note) is amended— 

(1) in subparagraph (A), by striking “pursuant to Military Com

Order No. 1. dated August 31, 2005 (or any successor military 

and inserting “by a military commission under chapter 47A o

United States Code”; 

(2) by striking subparagraph (B) and inserting the following n

subparagraph (B): 

“(B) GRANT OF REVIEW.—Review under this paragra

as of right.”; 

(3) in subparagraph (C)— 

(A) in clause (i)— 

(i) by striking “pursuant to the military order” 

inserting “by a military commission”; and 

(ii) by striking “at Guantanamo Bay, Cuba”; 

(B) in clause (ii), by striking “pursuant to such militar

and inserting “by the military commission”; and 
480

SEC. 10.

Section 1005(e)(2)(B)(i) of the Detainee Treatment Act of 2005 (title 

Law 109–148; 119 Stat. 2742; 10 U.S.C. §801 note) is amended by st

Department of Defense at Guantanamo Bay, Cuba” and inserting “the 

States”.
481

(1) Each agency shall separately state and currently publish in 

Federal Register for the guidance of the public— 

(A) descriptions of its central and field organization a

established places at which, the employees (and in the 

uniformed service, the members) from whom, and the 

whereby, the public may obtain information, make su

requests, or obtain decisions;

(B) statements of the general course and method by w

functions are channeled and determined, including th

requirements of all formal and informal procedures av

(C) rules of procedure, descriptions of forms availabl

places at which forms may be obtained, and instructio

scope and contents of all papers, reports, or examinat

(D) substantive rules of general applicability adopted 

authorized by law, and statements of general policy o

interpretations of general applicability formulated and 

by the agency; and 

(E) each amendment, revision, or repeal of the forego

Except to the extent that a person has actual and time

the terms thereof, a person may not in any manner be 

resort to, or be adversely affected by, a matter require

published in the Federal Register and not so published

purpose of this paragraph, matter reasonably availabl

class of persons affected thereby is deemed published 

Federal Register when incorporated by reference ther

approval of the Director of the Federal Register. 

(2) Each agency, in accordance with published rules, shall ma

available for public inspection and copying— 

(A) final opinions, including concurring and dissentin

as well as orders, made in the adjudication of cases; 

(B) those statements of policy and interpretations whi

been adopted by the agency and are not published in t

Register;

(C) administrative staff manuals and instructions to st

affect a member of the public; 
482

(D); unless the materials are promptly published and 

offered for sale. For records created on or after Novem

1996, within one year after such date, each agency sh

such records available, including by computer 

telecommunications or, if computer telecommunicatio

have not been established by the agency, by other ele

means. To the extent required to prevent a clearly unw

invasion of personal privacy, an agency may delete id

details when it makes available or publishes an opinio

statement of policy, interpretation, staff manual, instr

copies of records referred to in subparagraph (D). Ho

each case the justification for the deletion shall be exp

fully in writing, and the extent of such deletion shall b

on the portion of the record which is made available o

published, unless including that indication would harm 

interest protected by the exemption in subsection (b) 

which the deletion is made. If technically feasible, the 

the deletion shall be indicated at the place in the recor

the deletion was made. Each agency shall also mainta

make available for public inspection and copying curr

providing identifying information for the public as to 

issued, adopted, or promulgated after July 4, 1967, an

by this paragraph to be made available or published. E

agency shall promptly publish, quarterly or more freq

distribute (by sale or otherwise) copies of each index 

supplements thereto unless it determines by order pub

the Federal Register that the publication would be unn

and impracticable, in which case the agency shall non

provide copies of such index on request at a cost not t

the direct cost of duplication. Each agency shall make 

referred to in subparagraph (E) available by computer 

telecommunications by December 31, 1999. A final o

opinion, statement of policy, interpretation, or staff m

instruction that affects a member of the public may be 

used, or cited as precedent by an agency against a par

than an agency only if—
483

subparagraph (E), each agency, upon any request for records w

(i) reasonably describes such records and 

(ii) is made in accordance with published rule

the time, place, fees (if any), and procedures 

followed, shall make the records promptly av

any person. 

(B) In making any record available to a person under 

paragraph, an agency shall provide the record in any f

format requested by the person if the record is readily 

reproducible by the agency in that form or format. Ea

shall make reasonable efforts to maintain its records i

formats that are reproducible for purposes of this sect

(C) In responding under this paragraph to a request fo

an agency shall make reasonable efforts to search for 

in electronic form or format, except when such effort

significantly interfere with the operation of the agenc

automated information system. 

(D) For purposes of this paragraph, the term “search” 

review, manually or by automated means, agency rec

purpose of locating those records which are responsiv

request.

(E) An agency, or part of an agency, that is an elemen

intelligence community (as that term is defined in sec

the National Security Act of 1947 (50 U.S.C. §401a (

not make any record available under this paragraph to

(i) any government entity, other than a State, 

commonwealth, or district of the United State

subdivision thereof; or 

(ii) a representative of a government entity de

clause (i).

(4) (A) (i) In order to carry out the provisions of this section, 

agency shall promulgate regulations, pursuant to notice and re

public comment, specifying the schedule of fees applicable to 

processing of requests under this section and establishing proc

guidelines for determining when such fees should be waived o

Such schedule shall conform to the guidelines which shall be 
484

review, when records are requested f

commercial use; 

(II) fees shall be limited to reasonabl

charges for document duplication wh

are not sought for commercial use an

request is made by an educational or 

noncommercial scientific institution, 

purpose is scholarly or scientific rese

representative of the news media; and 

(III) for any request not described in 

fees shall be limited to reasonable sta

charges for document search and dup

(iii) Documents shall be furnished without an

at a charge reduced below the fees establishe

clause (ii) if disclosure of the information is i

interest because it is likely to contribute signi

public understanding of the operations or acti

government and is not primarily in the comm

interest of the requester.

(iv) Fee schedules shall provide for the recov

the direct costs of search, duplication, or revi

costs shall include only the direct costs incurr

the initial examination of a document for the 

determining whether the documents must be 

under this section and for the purposes of wit

any portions exempt from disclosure under th

Review costs may not include any costs incur

resolving issues of law or policy that may be 

the course of processing a request under this 

fee may be charged by any agency under this 

(I) if the costs of routine collection an

processing of the fee are likely to equ

exceed the amount of the fee; or 

(II) for any request described in claus

(III) of this subparagraph for the first 
485

(vi) Nothing in this subparagraph shall supers

chargeable under a statute specifically provid

setting the level of fees for particular types of 

(vii) In any action by a requester regarding th

fees under this section, the court shall determ

matter de novo: Provided, That the court’s re

matter shall be limited to the record before th

(B) On complaint, the district court of the United Stat

district in which the complainant resides, or has his p

place of business, or in which the agency records are 

in the District of Columbia, has jurisdiction to enjoin 

from withholding agency records and to order the pro

any agency records improperly withheld from the com

In such a case the court shall determine the matter de 

may examine the contents of such agency records in c

determine whether such records or any part thereof sh

withheld under any of the exemptions set forth in sub

of this section, and the burden is on the agency to sus

action. In addition to any other matters to which a cou

substantial weight, a court shall accord substantial we

affidavit of an agency concerning the agency’s determ

to technical feasibility under paragraph (2)(C) and sub

and reproducibility under paragraph (3)(B). 

(C) Notwithstanding any other provision of law, the d

shall serve an answer or otherwise plead to any comp

under this subsection within thirty days after service u

defendant of the pleading in which such complaint is 

unless the court otherwise directs for good cause show

(D) Repealed. Pub. L. 98–620, title IV, §402(2), Nov

98 Stat. 3357. 

(E) The court may assess against the United States re

attorney fees and other litigation costs reasonably inc

case under this section in which the complainant has 

substantially prevailed. 

(F) Whenever the court orders the production of any a

records improperly withheld from the complainant an
486

disciplinary action is warranted against the officer or 

who was primarily responsible for the withholding. T

Counsel, after investigation and consideration of the e

submitted, shall submit his findings and recommenda

administrative authority of the agency concerned and 

copies of the findings and recommendations to the of

employee or his representative. The administrative au

shall take the corrective action that the Special Couns

recommends. 

(G) In the event of noncompliance with the order of t

the district court may punish for contempt the respon

employee, and in the case of a uniformed service, the 

member. 

(5) Each agency having more than one member shall maintain 

available for public inspection a record of the final votes of ea

in every agency proceeding. 

(6) (A) Each agency, upon any request for records made unde

(1), (2), or (3) of this subsection, shall— 

(i) determine within 20 days (excepting Satur

Sundays, and legal public holidays) after the 

any such request whether to comply with suc

and shall immediately notify the person maki

request of such determination and the reasons 

and of the right of such person to appeal to th

the agency any adverse determination; and 

(ii) make a determination with respect to any 

within twenty days (excepting Saturdays, Sun

legal public holidays) after the receipt of such 

on appeal the denial of the request for records 

whole or in part upheld, the agency shall noti

person making such request of the provisions 

review of that determination under paragraph 

subsection.

(B) (i) In unusual circumstances as specified in this 

subparagraph, the time limits prescribed in either clau

clause (ii) of subparagraph (A) may be extended by w
487

(ii) With respect to a request for which a writ

under clause (i) extends the time limits prescr

clause (i) of subparagraph (A), the agency sh

the person making the request if the request c

processed within the time limit specified in th

and shall provide the person an opportunity to 

scope of the request so that it may be process

that time limit or an opportunity to arrange w

agency an alternative time frame for processi

request or a modified request. Refusal by the 

reasonably modify the request or arrange suc

alternative time frame shall be considered as 

determining whether exceptional circumstanc

purposes of subparagraph (C). 

(iii) As used in this subparagraph, “unusual 

circumstances” means, but only to the extent 

necessary to the proper processing of the part

requests—

(I) the need to search for and collect 

requested records from field facilities 

establishments that are separate from 

processing the request;

(II) the need to search for, collect, an

appropriately examine a voluminous 

separate and distinct records which a

demanded in a single request; or 

(III) the need for consultation, which 

conducted with all practicable speed, 

another agency having a substantial i

the determination of the request or am

more components of the agency havi

substantial subject-matter interest the

(iv) Each agency may promulgate reg

pursuant to notice and receipt of publ

comment, providing for the aggregat

certain requests by the same requesto
488

involving unrelated matters shall not 

aggregated.

(C) (i) Any person making a request to any agency fo

under paragraph (1), (2), or (3) of this subsection shal

deemed to have exhausted his administrative remedie

respect to such request if the agency fails to comply w

applicable time limit provisions of this paragraph. If t

Government can show exceptional circumstances exi

the agency is exercising due diligence in responding t

request, the court may retain jurisdiction and allow th

additional time to complete its review of the records. 

determination by an agency to comply with a request 

the records shall be made promptly available to such 

making such request. Any notification of denial of an

for records under this subsection shall set forth the na

titles or positions of each person responsible for the d

such request.

(ii) For purposes of this subparagraph, the ter

“exceptional circumstances” does not include 

that results from a predictable agency worklo

requests under this section, unless the agency 

demonstrates reasonable progress in reducing 

of pending requests. 

(iii) Refusal by a person to reasonably modify 

of a request or arrange an alternative time fra

processing a request (or a modified request) u

(ii) after being given an opportunity to do so 

agency to whom the person made the request 

considered as a factor in determining whether 

exceptional circumstances exist for purposes 

subparagraph.

(D) (i) Each agency may promulgate regulations, pur

notice and receipt of public comment, providing for m

processing of requests for records based on the amoun

or time (or both) involved in processing requests. 
489

the requirement under subparagraph (C) to ex

diligence.

(E) (i) Each agency shall promulgate regulations, pur

notice and receipt of public comment, providing for e

processing of requests for records—

(I) in cases in which the person reque

records demonstrates a compelling ne

(II) in other cases determined by the 

(ii) Notwithstanding clause (i), regulations un

subparagraph must ensure— 

(I) that a determination of whether to 

expedited processing shall be made, a

of the determination shall be provide

person making the request, within 10 

the date of the request; and

(II) expeditious consideration of adm

appeals of such determinations of wh

provide expedited processing. 

(iii) An agency shall process as soon as pract

request for records to which the agency has g

expedited processing under this subparagraph

action to deny or affirm denial of a request fo

processing pursuant to this subparagraph, and 

an agency to respond in a timely manner to su

request shall be subject to judicial review und

paragraph (4), except that the judicial review 

based on the record before the agency at the t

determination. 

(iv) A district court of the United States shall 

jurisdiction to review an agency denial of exp

processing of a request for records after the a

provided a complete response to the request. 

(v) For purposes of this subparagraph, the ter

“compelling need” means— 

(I) that a failure to obtain requested r

an expedited basis under this paragra
490

or alleged Federal Government activi

(vi) A demonstration of a compelling need by 

making a request for expedited processing sh

by a statement certified by such person to be 

correct to the best of such person’s knowledg

belief.

(F) In denying a request for records, in whole or in pa

agency shall make a reasonable effort to estimate the 

any requested matter the provision of which is denied

provide any such estimate to the person making the re

unless providing such estimate would harm an interes

by the exemption in subsection (b) pursuant to which 

is made. 

(b) This section does not apply to matters that are— 

(1) (A) specifically authorized under criteria established by an 

order to be kept secret in the interest of national defense or fo

and

(B) are in fact properly classified pursuant to such Ex

order;

(2) related solely to the internal personnel rules and practices 

agency; 

(3) specifically exempted from disclosure by statute (other tha

552b of this title), provided that such statute 

(A) requires that the matters be withheld from the pub

a manner as to leave no discretion on the issue, or 

(B) establishes particular criteria for withholding or r

particular types of matters to be withheld; 

(4) trade secrets and commercial or financial information obta

person and privileged or confidential; 

(5) inter-agency or intra-agency memorandums or letters whic

not be available by law to a party other than an agency in litig

the agency; 

(6) personnel and medical files and similar files the disclosure 

would constitute a clearly unwarranted invasion of personal p
491

impartial adjudication, 

(C) could reasonably be expected to constitute an unw

invasion of personal privacy, 

(D) could reasonably be expected to disclose the iden

confidential source, including a State, local, or foreig

authority or any private institution which furnished in

on a confidential basis, and, in the case of a record or 

information compiled by criminal law enforcement au

the course of a criminal investigation or by an agency 

a lawful national security intelligence investigation, in

furnished by a confidential source, 

(E) would disclose techniques and procedures for law 

enforcement investigations or prosecutions, or would 

guidelines for law enforcement investigations or pros

such disclosure could reasonably be expected to risk 

circumvention of the law, or 

(F) could reasonably be expected to endanger the life 

safety of any individual; 

(8) contained in or related to examination, operating, or condi

prepared by, on behalf of, or for the use of an agency respons

regulation or supervision of financial institutions; or 

(9) geological and geophysical information and data, includin

concerning wells.

Any reasonably segregable portion of a record shall be provid

person requesting such record after deletion of the portions w

exempt under this subsection. The amount of information dele

be indicated on the released portion of the record, unless inclu

indication would harm an interest protected by the exemption 

subsection under which the deletion is made. If technically fe

amount of the information deleted shall be indicated at the pla

record where such deletion is made. 

(c) (1) Whenever a request is made which involves access to records d

subsection (b)(7)(A) and—

(A) the investigation or proceeding involves a possibl

of criminal law; and 

(B) there is reason to believe that
492

circumstance continues, treat the records as n

to the requirements of this section. 

(2) Whenever informant records maintained by a criminal law 

enforcement agency under an informant’s name or personal id

requested by a third party according to the informant’s name o

identifier, the agency may treat the records as not subject to th

requirements of this section unless the informant’s status as an 

has been officially confirmed. 

(3) Whenever a request is made which involves access to reco

maintained by the Federal Bureau of Investigation pertaining 

intelligence or counterintelligence, or international terrorism, 

existence of the records is classified information as provided 

subsection (b)(1), the Bureau may, as long as the existence of 

remains classified information, treat the records as not subject 

requirements of this section. 

(d) This section does not authorize withholding of information or limi

availability of records to the public, except as specifically stated in thi

This section is not authority to withhold information from Congress. 

(e) (1) On or before February 1 of each year, each agency shall submi

Attorney General of the United States a report which shall cover the p

fiscal year and which shall include— 

(A) the number of determinations made by the agency 

comply with requests for records made to such agenc

subsection (a) and the reasons for each such determin

(B) (i) the number of appeals made by persons under 

(a)(6), the result of such appeals, and the reason for th

upon each appeal that results in a denial of informatio

(ii) a complete list of all statutes that the agen

upon to authorize the agency to withhold info

under subsection (b)(3), a description of whet

has upheld the decision of the agency to with

information under each such statute, and a co

description of the scope of any information w

(C) the number of requests for records pending before 

as of September 30 of the preceding year, and the me
493

(F) the total amount of fees collected by the agency fo

processing requests; and

(G) the number of full-time staff of the agency devote

processing requests for records under this section, and 

amount expended by the agency for processing such r

(2) Each agency shall make each such report available to the p

including by computer telecommunications, or if computer 

telecommunications means have not been established by the a

other electronic means. 

(3) The Attorney General of the United States shall make each 

which has been made available by electronic means available 

electronic access point. The Attorney General of the United S

notify the Chairman and ranking minority member of the Com

Government Reform and Oversight of the House of Represen

the Chairman and ranking minority member of the Committee

Governmental Affairs and the Judiciary of the Senate, no late

1 of the year in which each such report is issued, that such rep

available by electronic means. 

(4) The Attorney General of the United States, in consultation 

Director of the Office of Management and Budget, shall deve

reporting and performance guidelines in connection with repo

by this subsection by October 1, 1997, and may establish addi

requirements for such reports as the Attorney General determ

useful.

(5) The Attorney General of the United States shall submit an 

report on or before April 1 of each calendar year which shall i

the prior calendar year a listing of the number of cases arising 

section, the exemption involved in each case, the disposition o

case, and the cost, fees, and penalties assessed under subparag

(F), and (G) of subsection (a)(4). Such report shall also includ

description of the efforts undertaken by the Department of Jus

encourage agency compliance with this section. 

(f) For purposes of this section, the term— 

(1) “agency” as defined in section 551 (1) of this title include

executive department, military department, Government corp

Government controlled corporation, or other establishment in 
494

(g) The head of each agency shall prepare and make publicly availabl

request, reference material or a guide for requesting records or inform

the agency, subject to the exemptions in subsection (b), including— 

(1) an index of all major information systems of the agency; 

(2) a description of major information and record locator syst

maintained by the agency; and 

(3) a handbook for obtaining various types and categories of p

information from the agency pursuant to chapter 35 of title 44

this section.
495

title;

(2) the term “individual” means a citizen of the United States 

lawfully admitted for permanent residence; 

(3) the term “maintain” includes maintain, collect, use, or diss

(4) the term “record” means any item, collection, or grouping 

information about an individual that is maintained by an agen

including, but not limited to, his education, financial transacti

medical history, and criminal or employment history and that 

his name, or the identifying number, symbol, or other identify

particular assigned to the individual, such as a finger or voice 

photograph; 

(5) the term “system of records” means a group of any record

control of any agency from which information is retrieved by 

of the individual or by some identifying number, symbol, or o

identifying particular assigned to the individual; 

(6) the term “statistical record” means a record in a system of 

maintained for statistical research or reporting purposes only 

used in whole or in part in making any determination about an 

identifiable individual, except as provided by section 8 of title 

(7) the term “routine use” means, with respect to the disclosur

record, the use of such record for a purpose which is compatib

purpose for which it was collected; 

(8) the term “matching program”— 

(A) means any computerized comparison of— 

(i) two or more automated systems of records 

system of records with non-Federal records fo

purpose of— 

(I) establishing or verifying the eligib

continuing compliance with statutory 

regulatory requirements by, applican

recipients or beneficiaries of, particip

providers of services with respect to, 

kind assistance or payments under Fe

benefit programs, or 

(II) recouping payments or delinquen

under such Federal benefit programs, 
496

(ii) matches performed to support any researc

statistical project, the specific data of which m

used to make decisions concerning the rights

or privileges of specific individuals; 

(iii) matches performed, by an agency (or com

thereof) which performs as its principal funct

activity pertaining to the enforcement of crim

subsequent to the initiation of a specific crim

law enforcement investigation of a named pe

persons for the purpose of gathering evidence 

such person or persons; 

(iv) matches of tax information (I) pursuant t

6103(d) of the Internal Revenue Code of 198

purposes of tax administration as defined in s

6103(b)(4) of such Code, (III) for the purpose 

intercepting a tax refund due an individual un

authority granted by section 404(e), 464, or 1

Social Security Act; or (IV) for the purpose o

intercepting a tax refund due an individual un

other tax refund intercept program authorized 

which has been determined by the Director o

of Management and Budget to contain verific

notice, and hearing requirements that are sub

similar to the procedures in section 1137 of th

Security Act; 

(v) matches— 

(I) using records predominantly relat

Federal personnel, that are performed 

administrative purposes (subject to gu

provided by the Director of the Offic

Management and Budget pursuant to 

(v)); or 

(II) conducted by an agency using on

from systems of records maintained b

agency; 
497

personnel;

(vii) matches performed incident to a levy de

section 6103(k)(8) of the Internal Revenue C

1986; or 

(viii) matches performed pursuant to section 

or 1611(e)(1) of the Social Security Act (42 U

§402(x)(3), 1382(e)(1)); 

(9) the term “recipient agency” means any agency, or contrac

receiving records contained in a system of records from a sou

for use in a matching program; 

(10) the term “non-Federal agency” means any State or local 

government, or agency thereof, which receives records contai

system of records from a source agency for use in a matching 

(11) the term “source agency” means any agency which disclo

contained in a system of records to be used in a matching prog

any State or local government, or agency thereof, which discl

records to be used in a matching program; 

(12) the term “Federal benefit program” means any program 

administered or funded by the Federal Government, or by any 

State on behalf of the Federal Government, providing cash or 

assistance in the form of payments, grants, loans, or loan guar

individuals; and 

(13) the term “Federal personnel” means officers and employ

Government of the United States, members of the uniformed 

(including members of the Reserve Components), individuals 

receive immediate or deferred retirement benefits under any r

program of the Government of the United States (including su

benefits).

(b) CONDITIONS OF DISCLOSURE.—No agency shall disclose any reco

contained in a system of records by any means of communication to a

or to another agency, except pursuant to a written request by, or with 

written consent of, the individual to whom the record pertains, unless 

of the record would be— 

(1) to those officers and employees of the agency which main

record who have a need for the record in the performance of t

(2) required under section 552 of this title; 
498

research or reporting record, and the record is to be transferre

that is not individually identifiable; 

(6) to the National Archives and Records Administration as a 

which has sufficient historical or other value to warrant its co

preservation by the United States Government, or for evaluati

Archivist of the United States or the designee of the Archivist 

determine whether the record has such value; 

(7) to another agency or to an instrumentality of any governm

jurisdiction within or under the control of the United States fo

criminal law enforcement activity if the activity is authorized 

if the head of the agency or instrumentality has made a written 

the agency which maintains the record specifying the particul

desired and the law enforcement activity for which the record 

(8) to a person pursuant to a showing of compelling circumsta

affecting the health or safety of an individual if upon such dis

notification is transmitted to the last known address of such in

(9) to either House of Congress, or, to the extent of matter wit

jurisdiction, any committee or subcommittee thereof, any join

committee of Congress or subcommittee of any such joint com

(10) to the Comptroller General, or any of his authorized repr

in the course of the performance of the duties of the Governm

Accountability Office; 

(11) pursuant to the order of a court of competent jurisdiction

(12) to a consumer reporting agency in accordance with sectio

of title 31. 

(c) ACCOUNTING OF CERTAIN DISCLOSURES.—Each agency, with res

system of records under its control, shall— 

(1) except for disclosures made under subsections (b)(1) or (b

section, keep an accurate accounting of— 

(A) the date, nature, and purpose of each disclosure o

to any person or to another agency made under subse

this section; and 

(B) the name and address of the person or agency to w

disclosure is made; 
499

(4) inform any person or other agency about any correction or 

dispute made by the agency in accordance with subsection (d) 

section of any record that has been disclosed to the person or 

an accounting of the disclosure was made. 

(d) ACCESS TO RECORDS.—Each agency that maintains a system of re

shall—

(1) upon request by any individual to gain access to his record 

information pertaining to him which is contained in the system

him and upon his request, a person of his own choosing to acc

him, to review the record and have a copy made of all or any 

thereof in a form comprehensible to him, except that the agen

require the individual to furnish a written statement authorizin

discussion of that individual’s record in the accompanying pe

presence;

(2) permit the individual to request amendment of a record pe

him and— 

(A) not later than 10 days (excluding Saturdays, Sund

legal public holidays) after the date of receipt of such 

acknowledge in writing such receipt; and 

(B) promptly, either— 

(i) make any correction of any portion thereo

individual believes is not accurate, relevant, t

complete; or 

(ii) inform the individual of its refusal to ame

record in accordance with his request, the rea

refusal, the procedures established by the age

individual to request a review of that refusal b

of the agency or an officer designated by the 

agency, and the name and business address o

official;

(3) permit the individual who disagrees with the refusal of the 

amend his record to request a review of such refusal, and not 

30 days (excluding Saturdays, Sundays, and legal public holid

the date on which the individual requests such review, comple

review and make a final determination unless, for good cause 

head of the agency extends such 30-day period; and if, after h
500

(4) in any disclosure, containing information about which the 

has filed a statement of disagreement, occurring after the filin

statement under paragraph (3) of this subsection, clearly note 

of the record which is disputed and provide copies of the state

if the agency deems it appropriate, copies of a concise statem

reasons of the agency for not making the amendments request

persons or other agencies to whom the disputed record has be

disclosed; and 

(5) nothing in this section shall allow an individual access to a

information compiled in reasonable anticipation of a civil acti

proceeding.

(e) AGENCY REQUIREMENTS.—Each agency that maintains a system o

shall—

(1) maintain in its records only such information about an ind

relevant and necessary to accomplish a purpose of the agency 

be accomplished by statute or by executive order of the Presid

(2) collect information to the greatest extent practicable direct

subject individual when the information may result in adverse 

determinations about an individual’s rights, benefits, and priv

under Federal programs; 

(3) inform each individual whom it asks to supply information

form which it uses to collect the information or on a separate 

can be retained by the individual— 

(A) the authority (whether granted by statute, or by ex

order of the President) which authorizes the solicitatio

information and whether disclosure of such informati

mandatory or voluntary; 

(B) the principal purpose or purposes for which the in

is intended to be used; 

(C) the routine uses which may be made of the inform

published pursuant to paragraph (4)(D) of this subsec

(D) the effects on him, if any, of not providing all or a

the requested information; 

(4) subject to the provisions of paragraph (11) of this subsecti

in the Federal Register upon establishment or revision a notic
501

(D) each routine use of the records contained in the sy

including the categories of users and the purpose of su

(E) the policies and practices of the agency regarding 

retrievability, access controls, retention, and disposal 

records;

(F) the title and business address of the agency officia

responsible for the system of records; 

(G) the agency procedures whereby an individual can 

at his request if the system of records contains a recor

pertaining to him; 

(H) the agency procedures whereby an individual can 

at his request how he can gain access to any record pe

him contained in the system of records, and how he c

its content; and 

(I) the categories of sources of records in the system; 

(5) maintain all records which are used by the agency in maki

determination about any individual with such accuracy, releva

timeliness, and completeness as is reasonably necessary to ass

fairness to the individual in the determination; 

(6) prior to disseminating any record about an individual to an

other than an agency, unless the dissemination is made pursua

subsection (b)(2) of this section, make reasonable efforts to as

such records are accurate, complete, timely, and relevant for a

purposes;

(7) maintain no record describing how any individual exercise

guaranteed by the First Amendment unless expressly authoriz

statute or by the individual about whom the record is maintain

unless pertinent to and within the scope of an authorized law 

enforcement activity; 

(8) make reasonable efforts to serve notice on an individual w

record on such individual is made available to any person und

compulsory legal process when such process becomes a matte

record;

(9) establish rules of conduct for persons involved in the desig

development, operation, or maintenance of any system of reco

maintaining any record, and instruct each such person with re
502

integrity which could result in substantial harm, embarrassme

inconvenience, or unfairness to any individual on whom infor

maintained;

(11) at least 30 days prior to publication of information under 

(4)(D) of this subsection, publish in the Federal Register notic

new use or intended use of the information in the system, and 

opportunity for interested persons to submit written data, view

arguments to the agency; and 

(12) if such agency is a recipient agency or a source agency in 

matching program with a non-Federal agency, with respect to 

establishment or revision of a matching program, at least 30 d

conducting such program, publish in the Federal Register noti

establishment or revision. 

(f) AGENCY RULES.—In order to carry out the provisions of this sectio

agency that maintains a system of records shall promulgate rules, in a

with the requirements (including general notice) of section 553 of this 

which shall— 

(1) establish procedures whereby an individual can be notified 

response to his request if any system of records named by the 

contains a record pertaining to him; 

(2) define reasonable times, places, and requirements for iden

individual who requests his record or information pertaining t

before the agency shall make the record or information availa

individual; 

(3) establish procedures for the disclosure to an individual up

request of his record or information pertaining to him, includi

procedure, if deemed necessary, for the disclosure to an indiv

medical records, including psychological records, pertaining t

(4) establish procedures for reviewing a request from an indiv

concerning the amendment of any record or information perta

individual, for making a determination on the request, for an a

within the agency of an initial adverse agency determination, 

whatever additional means may be necessary for each individ

able to exercise fully his rights under this section; and 
503

low cost. 

(g)(1) CIVIL REMEDIES.—Whenever any agency 

(A) makes a determination under subsection (d)(3) of 

not to amend an individual’s record in accordance wi

request, or fails to make such review in conformity w

subsection;

(B) refuses to comply with an individual request unde

subsection (d)(1) of this section; 

(C) fails to maintain any record concerning any indiv

such accuracy, relevance, timeliness, and completene

necessary to assure fairness in any determination rela

qualifications, character, rights, or opportunities of, o

the individual that may be made on the basis of such r

consequently a determination is made which is advers

individual; or 

(D) fails to comply with any other provision of this se

any rule promulgated thereunder, in such a way as to 

adverse effect on an individual, 

the individual may bring a civil action against the agency, and 

courts of the United States shall have jurisdiction in the matte

provisions of this subsection. 

(2)(A) In any suit brought under the provisions of subsection 

this section, the court may order the agency to amend the indi

record in accordance with his request or in such other way as 

may direct. In such a case the court shall determine the matter 

(B) The court may assess against the United States re

attorney fees and other litigation costs reasonably inc

case under this paragraph in which the complainant h

substantially prevailed. 

(3)(A) In any suit brought under the provisions of subsection 

this section, the court may enjoin the agency from withholdin

records and order the production to the complainant of any ag

records improperly withheld from him. In such a case the cou

determine the matter de novo, and may examine the contents 

agency records in camera to determine whether the records or 

portion thereof may be withheld under any of the exemptions 
504

(4) In any suit brought under the provisions of subsection (g)(

(D) of this section in which the court determines that the agen

a manner which was intentional or willful, the United States s

liable to the individual in an amount equal to the sum of— 

(A) actual damages sustained by the individual as a re

refusal or failure, but in no case shall a person entitled 

recovery receive less than the sum of $1,000; and 

(B) the costs of the action together with reasonable at

as determined by the court. 

(5) An action to enforce any liability created under this sectio

brought in the district court of the United States in the district 

the complainant resides, or has his principal place of business

which the agency records are situated, or in the District of Co

without regard to the amount in controversy, within two years 

date on which the cause of action arises, except that where an 

materially and willfully misrepresented any information requi

this section to be disclosed to an individual and the informatio

misrepresented is material to establishment of the liability of t

to the individual under this section, the action may be brough

time within two years after discovery by the individual of the 

misrepresentation. Nothing in this section shall be construed t

any civil action by reason of any injury sustained as the result 

disclosure of a record prior to September 27, 1975. 

(h) RIGHTS OF LEGAL GUARDIANS.—For the purposes of this section, 

of any minor, or the legal guardian of any individual who has been de

incompetent due to physical or mental incapacity or age by a court of 

jurisdiction, may act on behalf of the individual. 

(i)(1) CRIMINAL PENALTIES.—Any officer or employee of an agency, 

virtue of his employment or official position, has possession of, or acc

agency records which contain individually identifiable information th

of which is prohibited by this section or by rules or regulations establi

thereunder, and who knowing that disclosure of the specific material i

prohibited, willfully discloses the material in any manner to any perso

not entitled to receive it, shall be guilty of a misdemeanor and fined n

than $5,000. 
505

shall be guilty of a misdemeanor and fined not more than $5,0

(j) GENERAL EXEMPTIONS.—The head of any agency may promulgate 

accordance with the requirements (including general notice) of section

553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system 

within the agency from any part of this section except subsections (b)

(2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i) if the 

records is— 

(1) maintained by the Central Intelligence Agency; or 

(2) maintained by an agency or component thereof which perf

principal function any activity pertaining to the enforcement o

laws, including police efforts to prevent, control, or reduce cr

apprehend criminals, and the activities of prosecutors, courts, 

correctional, probation, pardon, or parole authorities, and whi

of (A) information compiled for the purpose of identifying ind

criminal offenders and alleged offenders and consisting only o

identifying data and notations of arrests, the nature and dispos

criminal charges, sentencing, confinement, release, and parole 

probation status; (B) information compiled for the purpose of 

investigation, including reports of informants and investigator

associated with an identifiable individual; or (C) reports ident

individual compiled at any stage of the process of enforcemen

criminal laws from arrest or indictment through release from 

At the time rules are adopted under this subsection, the agency shall in

the statement required under section 553(c) of this title, the reasons w

system of records is to be exempted from a provision of this section. 

(k) SPECIFIC EXEMPTIONS.—The head of any agency may promulgate 

accordance with the requirements (including general notice) of section

553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system 

within the agency from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), a

(f) of this section if the system of records is— 

(1) subject to the provisions of section 552(b)(1) of this title; 

(2) investigatory material compiled for law enforcement purp

than material within the scope of subsection (j)(2) of this sect

Provided, however, That if any individual is denied any right, 

or benefit that he would otherwise be entitled by Federal law, 

which he would otherwise be eligible, as a result of the maint
506

confidence;

(3) maintained in connection with providing protective servic

President of the United States or other individuals pursuant to 

3056 of title 18; 

(4) required by statute to be maintained and used solely as sta

records;

(5) investigatory material compiled solely for the purpose of d

suitability, eligibility, or qualifications for Federal civilian em

military service, Federal contracts, or access to classified info

but only to the extent that the disclosure of such material wou

the identity of a source who furnished information to the Gov

under an express promise that the identity of the source would 

confidence, or, prior to the effective date of this section, unde

implied promise that the identity of the source would be held 

confidence;

(6) testing or examination material used solely to determine in

qualifications for appointment or promotion in the Federal ser

disclosure of which would compromise the objectivity or fairn

testing or examination process; or 

(7) evaluation material used to determine potential for promot

armed services, but only to the extent that the disclosure of su

would reveal the identity of a source who furnished informati

Government under an express promise that the identity of the 

would be held in confidence, or, prior to the effective date of 

under an implied promise that the identity of the source would 

confidence.

At the time rules are adopted under this subsection, the agency shall in

the statement required under section 553(c) of this title, the reasons w

system of records is to be exempted from a provision of this section. 

(l)(1) ARCHIVAL RECORDS.—Each agency record which is accepted b

Archivist of the United States for storage, processing, and servicing in 

accordance with section 3103 of title 44 shall, for the purposes of this 

considered to be maintained by the agency which deposited the record 

be subject to the provisions of this section. The Archivist of the Unite

shall not disclose the record except to the agency which maintains the 
507

of this section, shall, for the purposes of this section, be consi

maintained by the National Archives and shall not be subject 

provisions of this section, except that a statement generally de

such records (modeled after the requirements relating to recor

to subsections (e)(4)(A) through (G) of this section) shall be p

the Federal Register. 

(3) Each agency record pertaining to an identifiable individua

transferred to the National Archives of the United States as a 

which has sufficient historical or other value to warrant its co

preservation by the United States Government, on or after the 

date of this section, shall, for the purposes of this section, be c

to be maintained by the National Archives and shall be exemp

requirements of this section except subsections (e)(4)(A) thro

(e)(9) of this section. 

(m)(1) GOVERNMENT CONTRACTORS.—When an agency provides by 

for the operation by or on behalf of the agency of a system of records 

accomplish an agency function, the agency shall, consistent with its au

cause the requirements of this section to be applied to such system. Fo

of subsection (i) of this section any such contractor and any employee 

contractor, if such contract is agreed to on or after the effective date o

section, shall be considered to be an employee of an agency. 

(2) A consumer reporting agency to which a record is disclose

section 3711(e) of title 31 shall not be considered a contractor 

purposes of this section. 

(n) MAILING LISTS.—An individual’s name and address may not be s

rented by an agency unless such action is specifically authorized by la

provision shall not be construed to require the withholding of names a

addresses otherwise permitted to be made public. 

(o) MATCHING AGREEMENTS.—

(1) No record which is contained in a system of records may b

to a recipient agency or non-Federal agency for use in a comp

matching program except pursuant to a written agreement bet

source agency and the recipient agency or non-Federal agency 

specifying— 

(A) the purpose and legal authority for conducting the 
508

(D) procedures for providing individualized notice at 

application, and notice periodically thereafter as direc

Data Integrity Board of such agency (subject to guida

provided by the Director of the Office of Managemen

Budget pursuant to subsection (v)), to— 

(i) applicants for and recipients of financial a

payments under Federal benefit programs, an

(ii) applicants for and holders of positions as 

personnel,

that any information provided by such applicants, rec

holders, and individuals may be subject to verification 

matching programs; 

(E) procedures for verifying information produced in 

matching program as required by subsection (p); 

(F) procedures for the retention and timely destruction 

identifiable records created by a recipient agency or n

agency in such matching program; 

(G) procedures for ensuring the administrative, techn

physical security of the records matched and the resul

programs; 

(H) prohibitions on duplication and redisclosure of re

provided by the source agency within or outside the r

agency or the non-Federal agency, except where requ

or essential to the conduct of the matching program; 

(I) procedures governing the use by a recipient agenc

Federal agency of records provided in a matching pro

source agency, including procedures governing return 

records to the source agency or destruction of records 

such program; 

(J) information on assessments that have been made o

accuracy of the records that will be used in such matc

program; and 

(K) that the Comptroller General may have access to 

of a recipient agency or a non-Federal agency that the 

Comptroller General deems necessary in order to mon

verify compliance with the agreement. 
509

(B) No such agreement shall be effective until 30 day

date on which such a copy is transmitted pursuant to 

subparagraph (A)(i). 

(C) Such an agreement shall remain in effect only for 

period, not to exceed 18 months, as the Data Integrity 

the agency determines is appropriate in light of the pu

length of time necessary for the conduct, of the match

program. 

(D) Within 3 months prior to the expiration of such an 

pursuant to subparagraph (C), the Data Integrity Boar

agency may, without additional review, renew the ma

agreement for a current, ongoing matching program f

than one additional year if— 

(i) such program will be conducted without a

and

(ii) each party to the agreement certifies to th

writing that the program has been conducted 

compliance with the agreement. 

(p) VERIFICATION AND OPPORTUNITY TO CONTEST FINDINGS.—

(1) In order to protect any individual whose records are used i

matching program, no recipient agency, non-Federal agency, 

agency may suspend, terminate, reduce, or make a final denia

financial assistance or payment under a Federal benefit progra

individual, or take other adverse action against such individua

result of information produced by such matching program, un

(A)(i) the agency has independently verified the infor

(ii) the Data Integrity Board of the agency, or 

of a non-Federal agency the Data Integrity Bo

source agency, determines in accordance with 

issued by the Director of the Office of Manag

Budget that— 

(I) the information is limited to ident

and amount of benefits paid by the so

agency under a Federal benefit progr
510

(C)(i) the expiration of any time period established fo

program by statute or regulation for the individual to 

that notice; or 

(ii) in the case of a program for which no suc

established, the end of the 30-day period begi

the date on which notice under subparagraph 

mailed or otherwise provided to the individua

(2) Independent verification referred to in paragraph (1) requi

investigation and confirmation of specific information relating 

individual that is used as a basis for an adverse action against 

individual, including where applicable investigation and conf

of—

(A) the amount of any asset or income involved; 

(B) whether such individual actually has or had acces

asset or income for such individual’s own use; and 

(C) the period or periods when the individual actually 

asset or income. 

(3) Notwithstanding paragraph (1), an agency may take any a

action otherwise prohibited by such paragraph if the agency d

that the public health or public safety may be adversely affect

significantly threatened during any notice period required by 

paragraph.

(q) SANCTIONS.—

(1) Notwithstanding any other provision of law, no source age

disclose any record which is contained in a system of records 

recipient agency or non-Federal agency for a matching progra

source agency has reason to believe that the requirements of s

(p), or any matching agreement entered into pursuant to subse

or both, are not being met by such recipient agency. 

(2) No source agency may renew a matching agreement unles

(A) the recipient agency or non-Federal agency has ce

it has complied with the provisions of that agreement

(B) the source agency has no reason to believe that th

certification is inaccurate. 

(r) REPORT ON NEW SYSTEMS AND MATCHING PROGRAMS.—Each ag

proposes to establish or make a significant change in a system of reco
511

(s) BIENNIAL REPORT.—The President shall biennially submit to the S

the House of Representatives and the President pro tempore of the Sen

report—

(1) describing the actions of the Director of the Office of Man

and Budget pursuant to section 6 of the Privacy Act of 1974 d

preceding 2 years; 

(2) describing the exercise of individual rights of access and a

under this section during such years; 

(3) identifying changes in or additions to systems of records; 

(4) containing such other information concerning administrati

section as may be necessary or useful to the Congress in revie

effectiveness of this section in carrying out the purposes of th

Act of 1974. 

(t)(1) EFFECT OF OTHER LAWS.—No agency shall rely on any exempt

contained in section 552 of this title to withhold from an individual an

which is otherwise accessible to such individual under the provisions 

section.

(2) No agency shall rely on any exemption in this section to w

from an individual any record which is otherwise accessible t

individual under the provisions of section 552 of this title. 

(u) DATA INTEGRITY BOARDS.—

(1) Every agency conducting or participating in a matching pr

establish a Data Integrity Board to oversee and coordinate am

various components of such agency the agency’s implementat

section.

(2) Each Data Integrity Board shall consist of senior officials 

by the head of the agency, and shall include any senior officia

designated by the head of the agency as responsible for imple

of this section, and the inspector general of the agency, if any

inspector general shall not serve as chairman of the Data Integ

(3) Each Data Integrity Board— 

(A) shall review, approve, and maintain all written ag

for receipt or disclosure of agency records for matchi

programs to ensure compliance with subsection (o), a

relevant statutes, regulations, and guidelines; 
512

agency has participated during the year, either as a so

agency or recipient agency, for continued justification 

disclosures;

(D) shall compile an annual report, which shall be sub

the head of the agency and the Office of Management 

Budget and made available to the public on request, d

the matching activities of the agency, including— 

(i) matching programs in which the agency h

participated as a source agency or recipient ag

(ii) matching agreements proposed under sub

that were disapproved by the Board; 

(iii) any changes in membership or structure 

Board in the preceding year; 

(iv) the reasons for any waiver of the requirem

paragraph (4) of this section for completion a

submission of a cost-benefit analysis prior to 

approval of a matching program; 

(v) any violations of matching agreements tha

been alleged or identified and any corrective 

taken; and 

(vi) any other information required by the Dir

Office of Management and Budget to be inclu

such report; 

(E) shall serve as a clearinghouse for receiving and pr

information on the accuracy, completeness, and reliab

records used in matching programs; 

(F) shall provide interpretation and guidance to agenc

components and personnel on the requirements of thi

matching programs; 

(G) shall review agency recordkeeping and disposal p

practices for matching programs to assure compliance 

section; and 

(H) may review and report on any agency matching a

that are not matching programs. 

(4)(A) Except as provided in subparagraphs (B) and (C), a Da

Board shall not approve any written agreement for a matching 
513

Management and Budget, that a cost-benefit analysis 

required.

(C) A cost-benefit analysis shall not be required unde

subparagraph (A) prior to the initial approval of a wri

agreement for a matching program that is specifically 

by statute. Any subsequent written agreement for suc

shall not be approved by the Data Integrity Board unl

agency has submitted a cost-benefit analysis of the pr

conducted under the preceding approval of such agree

(5)(A) If a matching agreement is disapproved by a Data Integ

any party to such agreement may appeal the disapproval to th

of the Office of Management and Budget. Timely notice of th

such an appeal shall be provided by the Director of the Office 

Management and Budget to the Committee on Governmental 

the Senate and the Committee on Government Operations of t

of Representatives. 

(B) The Director of the Office of Management and Bu

approve a matching agreement notwithstanding the di

of a Data Integrity Board if the Director determines th

(i) the matching program will be consistent w

applicable legal, regulatory, and policy requir

(ii) there is adequate evidence that the matchi

agreement will be cost-effective; and 

(iii) the matching program is in the public int

(C) The decision of the Director to approve a matchin

agreement shall not take effect until 30 days after it is 

committees described in subparagraph (A). 

(D) If the Data Integrity Board and the Director of the 

Management and Budget disapprove a matching prog

proposed by the inspector general of an agency, the in

general may report the disapproval to the head of the 

to the Congress. 

(6) In the reports required by paragraph (3)(D), agency match

activities that are not matching programs may be reported on 

aggregate basis, if and to the extent necessary to protect ongo

enforcement or counterintelligence investigations. 
514

of this section by agencies. 
515

AMENDMENTS TO:

TITLE 44 UNITED STATES CODE

CHAPTER 35 – COORDINATION OF FEDERAL INFORMATION P

SUBCHAPTER II – INFORMATION SECURITY

§3541. PURPOSES

The purposes of this subchapter are to— 

(1) provide a comprehensive framework for ensuring the effec

information security controls over information resources that 

Federal operations and assets; 

(2) recognize the highly networked nature of the current Fede

computing environment and provide effective Government-w

management and oversight of the related information security 

including coordination of information security efforts through

civilian, national security, and law enforcement communities; 

(3) provide for development and maintenance of minimum co

required to protect Federal information and information system

(4) provide a mechanism for improved oversight of Federal ag

information security programs; 

(5) acknowledge that commercially developed information se

products offer advanced, dynamic, robust, and effective inform

security solutions, reflecting market solutions for the protectio

critical information infrastructures important to the national d

economic security of the nation that are designed, built, and o

the private sector; and 

(6) recognize that the selection of specific technical hardware 

software information security solutions should be left to indiv

agencies from among commercially developed products. 

§3542. DEFINITIONS

(a) IN GENERAL.—Except as provided under subsection (b), the defin

section 3502 shall apply to this subchapter. 
516

information non-repudiation and authenticity; 

(B) confidentiality, which means preserving authorize

restrictions on access and disclosure, including means 

protecting personal privacy and proprietary informati

(C) availability, which means ensuring timely and rel

to and use of information. 

(2)(A) The term “national security system” means any inform

system (including any telecommunications system) used or op

an agency or by a contractor of an agency, or other organizati

behalf of an agency— 

(i) the function, operation, or use of which— 

(I) involves intelligence activities; 

(II) involves cryptologic activities rel

national security; 

(III) involves command and control o

forces;

(IV) involves equipment that is an in

of a weapon or weapons system; or 

(V) subject to subparagraph (B), is cr

direct fulfillment of military or intell

missions; or 

(ii) is protected at all times by procedures est

information that have been specifically autho

criteria established by an Executive order or a

Congress to be kept classified in the interest o

defense or foreign policy. 

(B) Subparagraph (A)(i)(V) does not include a system 

be used for routine administrative and business applic

(including payroll, finance, logistics, and personnel m

applications).

(3) The term “information technology” has the meaning given 

in section 11101 of title 40. 

§3543. AUTHORITY AND FUNCTIONS OF THE DIRECTOR.

(a) IN GENERAL.—The Director shall oversee agency information sec

policies and practices, including— 
517

and provide information security protections commensurate w

and magnitude of the harm resulting from the unauthorized ac

disclosure, disruption, modification, or destruction of— 

(A) information collected or maintained by or on beh

agency; or 

(B) information systems used or operated by an agenc

contractor of an agency or other organization on beha

agency; 

(3) coordinating the development of standards and guidelines 

section 20 of the National Institute of Standards and Technolo

U.S.C. §§278g-3) with agencies and offices operating or exer

control of national security systems (including the National S

Agency) to assure, to the maximum extent feasible, that such 

and guidelines are complementary with standards and guidelin

developed for national security systems; 

(4) overseeing agency compliance with the requirements of th

subchapter, including through any authorized action under sec

of title 40, to enforce accountability for compliance with such 

requirements; 

(5) reviewing at least annually, and approving or disapproving

information security programs required under section 3544(b)

(6) coordinating information security policies and procedures 

related information resources management policies and proce

(7) overseeing the operation of the Federal information securi

center required under section 3546; and 

(8) reporting to Congress no later than March 1 of each year o

compliance with the requirements of this subchapter, includin

(A) a summary of the findings of evaluations required 

3545;

(B) an assessment of the development, promulgation, 

adoption of, and compliance with, standards develope

section 20 of the National Institute of Standards and T

Act (15 U.S.C. §§278g-3) and promulgated under sec

of title 40; 

(C) significant deficiencies in agency information sec

practices;
518

paragraphs (4) and (8) of subsection (a), the authorities of the Directo

section shall not apply to national security systems. 

(c) DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE AGENCY

SYSTEMS. –

(1) The authorities of the Director described in paragraphs (1) 

subsection (a) shall be delegated to the Secretary of Defense i

of systems described in paragraph (2) and to the Director of C

Intelligence in the case of systems described in paragraph (3). 

(2) The systems described in this paragraph are systems that a

by the Department of Defense, a contractor of the Departmen

Defense, or another entity on behalf of the Department of Def

processes any information the unauthorized access, use, disclo

disruption, modification, or destruction of which would have 

debilitating impact on the mission of the Department of Defen

(3) The systems described in this paragraph are systems that a

by the Central Intelligence Agency, a contractor of the Centra

Intelligence Agency, or another entity on behalf of the Centra

Intelligence Agency that processes any information the unauth

access, use, disclosure, disruption, modification, or destructio

would have a debilitating impact on the mission of the Centra

Intelligence Agency. 

§3544. FEDERAL AGENCY RESPONSIBILITIES.

(a) IN GENERAL.—The head of each agency shall— 

(1) be responsible for— 

(A) providing information security protections comm

with the risk and magnitude of the harm resulting from 

unauthorized access, use, disclosure, disruption, mod

destruction of— 

(i) information collected or maintained by or 

of the agency; and 

(ii) information systems used or operated by 

or by a contractor of an agency or other organ

behalf of an agency; 
519

national security systems issued in accordanc

and as directed by the President; and 

(C) ensuring that information security management p

integrated with agency strategic and operational plann

processes; 

(2) ensure that senior agency officials provide information sec

the information and information systems that support the oper

assets under their control, including through 

(A) assessing the risk and magnitude of the harm that 

result from the unauthorized access, use, disclosure, d

modification, or destruction of such information or in

systems; 

(B) determining the levels of information security app

protect such information and information systems in a

with standards promulgated under section 11331 of ti

information security classifications and related requir

(C) implementing policies and procedures to cost-effe

reduce risks to an acceptable level; and 

(D) periodically testing and evaluating information se

controls and techniques to ensure that they are effecti

implemented; 

(3) delegate to the agency Chief Information Officer establish

section 3506 (or comparable official in an agency not covered 

section) the authority to ensure compliance with the requirem

imposed on the agency under this subchapter, including— 

(A) designating a senior agency information security 

shall—

(i) carry out the Chief Information Officer’s 

responsibilities under this section; 

(ii) possess professional qualifications, includ

training and experience, required to administe

functions described under this section; 

(iii) have information security duties as that o

primary duty; and 

(iv) head an office with the mission and resou

assist in ensuring agency compliance with thi
520

(D) training and overseeing personnel with significan

responsibilities for information security with respect t

responsibilities; and 

(E) assisting senior agency officials concerning their 

responsibilities under paragraph (2); 

(4) ensure that the agency has trained personnel sufficient to a

agency in complying with the requirements of this subchapter 

policies, procedures, standards, and guidelines; and 

(5) ensure that the agency Chief Information Officer, in coord

with other senior agency officials, reports annually to the agen

the effectiveness of the agency information security program, 

progress of remedial actions. 

(b) AGENCY PROGRAM.—Each agency shall develop, document, and 

an agency-wide information security program, approved by the Direct

section 3543(a)(5), to provide information security for the information 

information systems that support the operations and assets of the agen

including those provided or managed by another agency, contractor, o

source, that includes— 

(1) periodic assessments of the risk and magnitude of the harm 

result from the unauthorized access, use, disclosure, disruptio

modification, or destruction of information and information sy

support the operations and assets of the agency; 

(2) policies and procedures that— 

(A) are based on the risk assessments required by par

(B) cost-effectively reduce information security risks 

acceptable level; 

(C) ensure that information security is addressed thro

life cycle of each agency information system; and 

(D) ensure compliance with— 

(i) the requirements of this subchapter; 

(ii) policies and procedures as may be prescri

Director, and information security standards 

promulgated under section 11331 of title 40; 

(iii) minimally acceptable system configurati

requirements, as determined by the agency; a
521

appropriate;

(4) security awareness training to inform personnel, including 

and other users of information systems that support the operat

assets of the agency, of— 

(A) information security risks associated with their ac

and

(B) their responsibilities in complying with agency po

procedures designed to reduce these risks; 

(5) periodic testing and evaluation of the effectiveness of info

security policies, procedures, and practices, to be performed w

frequency depending on risk, but no less than annually, of wh

testing—

(A) shall include testing of management, operational, 

technical controls of every information system identif

inventory required under section 3505(c); and 

(B) may include testing relied on in a evaluation und

3545;

(6) a process for planning, implementing, evaluating, and doc

remedial action to address any deficiencies in the information 

policies, procedures, and practices of the agency; 

(7) procedures for detecting, reporting, and responding to secu

incidents, consistent with standards and guidelines issued pur

section 3546(b), including— 

(A) mitigating risks associated with such incidents be

substantial damage is done; 

(B) notifying and consulting with the Federal informa

(C) notifying and consulting with, as appropriate— 

(i) law enforcement agencies and relevant Of

Inspector General; 

(ii) an office designated by the President for a

involving a national security system; and 

(iii) any other agency or office, in accordance 

or as directed by the President; and 

(8) plans and procedures to ensure continuity of operations fo

information systems that support the operations and assets of 

(c) AGENCY REPORTING.—Each agency shall— 
522

and compliance with the requirements of this subchapter, incl

compliance with each requirement of subsection (b); 

(2) address the adequacy and effectiveness of information sec

policies, procedures, and practices in plans and reports relatin

(A) annual agency budgets; 

(B) information resources management under subchap

this chapter; 

(C) information technology management under subtit

title 40; 

(D) program performance under sections 1105 and 11

1119 of title 31, and sections 2801 and 2805 of title 3

(E) financial management under chapter 9 of title 31, 

Chief Financial Officers Act of 1990 (31 U.S.C. §501 

Public Law 101-576) (and the amendments made by t

(F) financial management systems under the Federal F

Management Improvement Act (31 U.S.C. §3512 not

(G) internal accounting and administrative controls un

3512 of title 31, (known as the “Federal Managers Fi

Integrity Act”); and 

(3) report any significant deficiency in a policy, procedure, or 

identified under paragraph (1) or (2)— 

(A) as a material weakness in reporting under section 

title 31; and 

(B) if relating to financial management systems, as an 

of a lack of substantial compliance under the Federal 

Management Improvement Act (31 U.S.C. §3512 not

(d) PERFORMANCE PLAN.—

(1) In addition to the requirements of subsection (c), each age

consultation with the Director, shall include as part of the per

plan required under section 1115 of title 31 a description of— 

(A) the time periods, and 

(B) the resources, including budget, staffing, and train

are necessary to implement the program required und

subsection (b). 

(2) The description under paragraph (1) shall be based on the 

assessments required under subsection (b)(2)(1). 
523

(a) IN GENERAL.—

(1) Each year each agency shall have performed an independe

evaluation of the information security program and practices o

agency to determine the effectiveness of such program and pr

(2) Each evaluation under this section shall include— 

(A) testing of the effectiveness of information securit

procedures, and practices of a representative subset o

agency’s information systems; 

(B) an assessment (made on the basis of the results of 

of compliance with— 

(i) the requirements of this subchapter; and 

(ii) related information security policies, proc

standards, and guidelines; and 

(C) separate presentations, as appropriate, regarding i

security relating to national security systems. 

(b) INDEPENDENT AUDITOR.—Subject to subsection (c)— 

(1) for each agency with an Inspector General appointed unde

Inspector General Act of 1978 or any other law, the annual ev

required by this section shall be performed by the Inspector G

by an independent external auditor, as determined by the Insp

General of the agency; and 

(2) for each agency to which paragraph (1) does not apply, the 

the agency shall engage an independent external auditor to pe

evaluation.

(c) NATIONAL SECURITY SYSTEMS.—For each agency operating or ex

control of a national security system, that portion of the evaluation req

this section directly relating to a national security system shall be perf

(1) only by an entity designated by the agency head; and 

(2) in such a manner as to ensure appropriate protection for in

associated with any information security vulnerability in such 

commensurate with the risk and in accordance with all applic

(d) EXISTING EVALUATIONS.—The evaluation required by this section 

based in whole or in part on an audit, evaluation, or report relating to 

practices of the applicable agency. 

(e) AGENCY REPORTING.— 
524

the evaluation directly relating to a national security system. 

(f) PROTECTION OF INFORMATION.—Agencies and evaluators shall ta

appropriate steps to ensure the protection of information which, if disc

adversely affect information security. Such protections shall be comm

with the risk and comply with all applicable laws and regulations. 

(g) OMB REPORTS TO CONGRESS.—

(1) The Director shall summarize the results of the evaluation

under this section in the report to Congress required under sec

3543(a)(8).

(2) The Director’s report to Congress under this subsection sh

summarize information regarding information security relatin

national security systems in such a manner as to ensure appro

protection for information associated with any information se

vulnerability in such system commensurate with the risk and 

accordance with all applicable laws. 

(3) Evaluations and any other descriptions of information syst

the authority and control of the Director of Central Intelligenc

National Foreign Intelligence Programs systems under the aut

control of the Secretary of Defense shall be made available to 

only through the appropriate oversight committees of Congre

accordance with applicable laws. 

(h) COMPTROLLER GENERAL.—The Comptroller General shall period

evaluate and report to Congress on— 

(1) the adequacy and effectiveness of agency information secu

policies and practices; and 

(2) implementation of the requirements of this subchapter. 

§3546. FEDERAL INFORMATION SECURITY INCIDENT CENTER.

(a) IN GENERAL.—The Director shall ensure the operation of a centra

information security incident center to— 

(1) provide timely technical assistance to operators of agency 

information systems regarding security incidents, including gu

detecting and handling information security incidents; 

(2) compile and analyze information about incidents that threa

information security; 
525

President regarding information security incidents and related 

(b) NATIONAL SECURITY SYSTEMS.—Each agency operating or exerc

control of a national security system shall share information about inf

security incidents, threats, and vulnerabilities with the Federal inform

security incident center to the extent consistent with standards and gui

national security systems, issued in accordance with law and as direct

President.

§3547. NATIONAL SECURITY SYSTEMS.

The head of each agency operating or exercising control of a national 

system shall be responsible for ensuring that the agency— 

(1) provides information security protections commensurate w

and magnitude of the harm resulting from the unauthorized ac

disclosure, disruption, modification, or destruction of the info

contained in such system; 

(2) implements information security policies and practices as 

standards and guidelines for national security systems, issued 

accordance with law and as directed by the President; and 

(3) complies with the requirements of this subchapter. 

§3548. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out the provisions of 

subchapter such sums as may be necessary for each of fiscal years 200

2007. 

§3549. EFFECT ON EXISTING LAW.

Nothing in this subchapter, section 11331 of title 40, or section 20 of 

Standards and Technology Act (15 U.S.C. §278g-3) may be construe

affecting the authority of the President, the Office of Management and 

the Director thereof, the National Institute of Standards and Technolo

head of any agency, with respect to the authorized use or disclosure o

information, including with regard to the protection of personal privac

section 552a of title 5, the disclosure of information under section 552 

the management and disposition of records under chapters 29, 31, or 3

44, the management of information resources under subchapter I of ch

this title, or the disclosure of information to the Congress or the Comp
526

TITLE 40 UNITED STATES CODE

CHAPTER 113–RESPONSIBILITY FOR ACQUISITIONS 

OF INFORMATION TECHNOLOGY

SUBCHAPTER III–OTHER RESPONSIBILITIES

§11331. RESPONSIBILITIES FOR FEDERAL INFORMATION SYSTEMS 

STANDARDS.

(a) STANDARDS AND GUIDELINES.—

(1) AUTHORITY TO PRESCRIBE.—Except as provided under pa

(2), the Secretary of Commerce shall, on the basis of standard

guidelines developed by the National Institute of Standards an

Technology pursuant to paragraphs (2) and (3) of section 20(a

National Institute of Standards and Technology Act (15 U.S.C

3(a)), prescribe standards and guidelines pertaining to Federal 

information systems. 

(2) NATIONAL SECURITY SYSTEMS.—Standards and guideline

national security systems (as defined under this section) shall 

developed, prescribed, enforced, and overseen as otherwise au

by law and as directed by the President. 

(b) MANDATORY REQUIREMENTS.—

(1) AUTHORITY TO MAKE MANDATORY.—Except as provided 

paragraph (2), the Secretary shall make standards prescribed u

subsection (a)(1) compulsory and binding to the extent determ

necessary by the Secretary to improve the efficiency of operat

security of Federal information systems. 

(2) REQUIRED MANDATORY STANDARDS.—

(A) Standards prescribed under subsection (a)(1) shal

information security standards that— 

(i) provide minimum information security req

as determined under section 20(b) of the Nati

Institute of Standards and Technology Act (1

278g-3(b)); and 

(ii) are otherwise necessary to improve the se

Federal information and information systems
527

delegated. Notice of such disapproval or modification shall be publish

promptly in the Federal Register. Upon receiving notice of such disap

modification, the Secretary of Commerce shall immediately rescind o

such standards or guidelines as directed by the President. 

(d) EXERCISE OF AUTHORITY.—To ensure fiscal and policy consisten

Secretary shall exercise the authority conferred by this section subject 

direction by the President and in coordination with the Director of the 

Management and Budget. 

(e) APPLICATION OF MORE STRINGENT STANDARDS.—The head of an 

agency may employ standards for the cost-effective information secur

information systems within or under the supervision of that agency th

stringent than the standards the Secretary prescribes under this section 

stringent standards— 

(1) contain at least the applicable standards made compulsory 

binding by the Secretary; and 

(2) are otherwise consistent with policies and guidelines issue

section 3543 of title 44. 

(f) DECISIONS ON PROMULGATION OF STANDARDS.—The decision by 

Secretary regarding the promulgation of any standard under this sectio

occur not later than 6 months after the submission of the proposed sta

Secretary by the National Institute of Standards and Technology, as pr

under section 20 of the National Institute of Standards and Technolog

U.S.C. 278g-3). 

(g) DEFINITIONS.—In this section: 

(1) FEDERAL INFORMATION SYSTEM.—The term “Federal inf

system” means an information system used or operated by an 

agency, by a contractor of an executive agency, or by another 

organization on behalf of an executive agency. 

(2) INFORMATION SECURITY.—The term “information securit

meaning given that term in section 3542(b)(1) of title 44. 

(3) NATIONAL SECURITY SYSTEM.—The term “national secur

has the meaning given that term in section 3542(b)(2) of title 

––––––––– 
528

SECTION 20 [15 U.S.C. §278g-3]. 

(a) IN GENERAL. The Institute shall— 

(1) have the mission of developing standards, guidelines, and 

methods and techniques for information systems; 

(2) develop standards and guidelines, including minimum req

for information systems used or operated by an agency or by 

of an agency or other organization on behalf of an agency, oth

national security systems (as defined in section 3532(b)(2) of 

(3) develop standards and guidelines, including minimum req

for providing adequate information security for all agency ope

assets, but such standards and guidelines shall not apply to na

security systems; and 

(4) carry out the responsibilities described in paragraph (3) th

Computer Security Division. 

(b) MINIMUM REQUIREMENTS FOR STANDARDS AND GUIDELINES.—T

standards and guidelines required by subsection (a) of this section sha

at a minimum— 

(1)(A) standards to be used by all agencies to categorize all in

and information systems collected or maintained by or on beh

agency based on the objectives of providing appropriate level

information security according to a range of risk levels; 

(B) guidelines recommending the types of informatio

information systems to be included in each such categ

(C) minimum information security requirements for i

and information systems in each such category; 

(2) a definition of and guidelines concerning detection and ha

information security incidents; and 

(3) guidelines developed in coordination with the National Se

Agency for identifying an information system as a national se

system consistent with applicable requirements for national se

systems, issued in accordance with law and as directed by the 

(c) DEVELOPMENT OF STANDARDS AND GUIDELINES.—In developing 

and guidelines required by subsections (a) and (b) of this section, the 

shall—
529

and techniques, in order to improve information secur

avoid unnecessary and costly duplication of effort; an

(B) that such standards and guidelines are complemen

standards and guidelines employed for the protection 

security systems and information contained in such sy

(2) provide the public with an opportunity to comment on pro

standards and guidelines; 

(3) submit to the Director of the Office of Management and B

promulgation under section 11331 of title 40— 

(A) standards, as required under subsection (b)(1)(A) 

section, no later than 12 months after November 25, 2

(B) minimum information security requirements for e

category, as required under subsection (b)(1)(C) of th

no later than 36 months after November 25, 2002; 

(4) issue guidelines as required under subsection (b)(1)(B) of 

section, no later than 18 months after November 25, 2002; 

(5) ensure that such standards and guidelines do not require sp

technological solutions or products, including any specific ha

software security solutions; 

(6) ensure that such standards and guidelines provide for suffi

flexibility to permit alternative solutions to provide equivalen

protection for identified information security risks; and 

(7) use flexible, performance-based standards and guidelines 

greatest extent possible, permit the use of off-the-shelf comm

developed information security products. 

(d) INFORMATION SECURITY FUNCTIONS. The Institute shall— 

(1) submit standards developed pursuant to subsection (a) of t

along with recommendations as to the extent to which these s

made compulsory and binding, to the Director of the Office o

Management and Budget for promulgation under section 1133

40;

(2) provide assistance to agencies regarding— 

(A) compliance with the standards and guidelines dev

under subsection (a) of this section; 

(B) detecting and handling information security incid

(C) information security policies, procedures, and pra
530

commercially available information technologies to assess po

application by agencies to strengthen information security; 

(6) evaluate security policies and practices developed for nati

security systems to assess potential application by agencies to 

information security; 

(7) periodically assess the effectiveness of standards and guid

developed under this section and undertake revisions as appro

(8) solicit and consider the recommendations of the Informati

and Privacy Advisory Board, established by section 278g-4 o

regarding standards and guidelines developed under subsectio

section and submit such recommendations to the Director of t

of Management and Budget with such standards submitted to 

Director; and 

(9) prepare an annual public report on activities undertaken in 

previous year, and planned for the coming year, to carry out 

responsibilities under this section. 

(e) DEFINITIONS.—As used in this section— 

(1) the term “agency” has the same meaning as provided in se

3502(1) of title 44; 

(2) the term “information security” has the same meaning as p

section 3532(1) of such title; 

(3) the term “information system” has the same meaning as pr

section 3502(8) of such title; 

(4) the term “information technology” has the same meaning 

in section 11101 of title 40; and 

(5) the term “national security system” has the same meaning 

provided in section 3532(b)(2) of such title. 

INFORMATION SECURITY AND PRIVACY ADVISORY BOAR

SEC. 21. [15 U.S.C. §278g-4]. 

(a) ESTABLISHMENT AND COMPOSITION.—There is hereby established 

Information Security and Privacy Advisory Board within the Departm

Commerce. The Secretary of Commerce shall appoint the chairman o

The Board shall be composed of twelve additional members appointed 

Secretary of Commerce as follows: 
531

technology; and 

(3) four members from the Federal Government who have inf

system management experience, including experience in infor

security and privacy, at least one of whom shall be from the N

Security Agency. 

(b) DUTIES.—The duties of the Board shall be— 

(1) to identify emerging managerial, technical, administrative

physical safeguard issues relative to information security and 

(2) to advise the Institute and the Director of the Office of Ma

and Budget on information security and privacy issues pertain

Federal Government information systems, including through r

proposed standards and guidelines developed under section 27

this title; and 

(3) to report annually its findings to the Secretary of Commer

Director of the Office of Management and Budget, the Direct

National Security Agency, and the appropriate committees of 

Congress.

(c) TERM OF OFFICE.—The term of office of each member of the Boa

four years, except that— 

(1) of the initial members, three shall be appointed for terms o

three shall be appointed for terms of two years, three shall be 

for terms of three years, and three shall be appointed for term

years; and 

(2) any member appointed to fill a vacancy in the Board shall 

the remainder of the term for which his predecessor was appo

(d) QUORUM.—The Board shall not act in the absence of a quorum, w

consist of seven members. 

(e) ALLOWANCE FOR TRAVEL EXPENSES.—Members of the Board, ot

full-time employees of the Federal Government, while attending meet

such committees or while otherwise performing duties at the request o

Chairman while away from their homes or a regular place of business

allowed travel expenses in accordance with subchapter I of chapter 57 

(f) MEETINGS. —The Board shall hold meetings at such locations and 

time and place as determined by a majority of the Board. 

(g) STAFF SERVICES AND UTILIZATION OF FEDERAL PERSONNEL.—To 

the staff services necessary to assist the Board in carrying out its func
532
533

Timely and accurate information about the activities, capabilities, plans, 

intentions of foreign powers, organizations, and persons, and their agents

to the national security of the United States. All reasonable and lawful m

be used to ensure that the United States will receive the best intelligence 

For that purpose, by virtue of the authority vested in me by the Constituti

statutes of the United States of America, including the National Security 

as amended, (Act) and as President of the United States of America, in or

provide for the effective conduct of the United States intelligence activiti

protection of constitutional rights, it is hereby ordered as follows: 

PART 1—GOALS, DIRECTIONS, DUTIES AND RESPONSIBILIT

RESPECT TO THE NATIONAL INTELLIGENCE EFFOR

SECTION 1.1. GOALS. The United States intelligence effort shall provide 

President and the National Security Council with the necessary informati

to base decisions concerning the conduct and development of foreign, de

economic policy, and the protection of United States national interests fro

security threats. All departments and agencies shall cooperate fully to fu

goal. 

(a) Maximum emphasis should be given to fostering analytical competitio

appropriate elements of the Intelligence Community. 

(b) All means, consistent with applicable United States law and this Orde

full consideration of the rights of United States persons, shall be used to d

intelligence information for the President and the National Security Coun

balanced approach between technical collection efforts and other means s

maintained and encouraged. 

(c) Special emphasis should be given to detecting and countering espiona

threats and activities directed by foreign intelligence services against the 

States Government, or United States corporations, establishments, or per

(d) To the greatest extent possible[,] consistent with applicable United St

this Order, and with full consideration of the rights of United States perso

agencies and departments should seek to ensure full and free exchange of 

information in order to derive maximum benefit from the United States c

effort.

SEC. 1.2. THE NATIONAL SECURITY COUNCIL.

(a) PURPOSE. The National Security Council (NSC) was established by t

Security Act of 1947 to advise the President with respect to the integratio
534

committee established by it, shall consider and submit to the President a p

recommendation, including all dissents, on each special activity and shall 

proposals for other sensitive intelligence operations. 

SEC. 1.3. NATIONAL FOREIGN INTELLIGENCE ADVISORY GROUPS.

(a) ESTABLISHMENT AND DUTIES. The Director of Central Intelligence sh

establish such boards, councils, or groups as required for the purpose of o

advice from within the Intelligence Community concerning: 

(1) Production, review and coordination of national foreign intel

(2) Priorities for the National Foreign Intelligence Program budg

(3) Interagency exchanges of foreign intelligence information; 

(4) Arrangements with foreign governments and organizations an

intelligence services; 

(5) Protection of intelligence sources and methods; 

(6) Activities of common concern; and 

(7) Such other matters as may be referred by the Director of Cen

Intelligence. 

(b) MEMBERSHIP. Advisory groups established pursuant to this section sh

chaired by the Director of Central Intelligence or his designated represen

shall consist of senior representatives from organizations within the Intel

Community and from departments or agencies containing such organizat

designated by the Director of Central Intelligence. Groups for considerat

substantive intelligence matters will include representatives of organizati

involved in the collection, processing and analysis of intelligence. A sen

representative of the Secretary of Commerce, the Attorney General, the A

the President for National Security Affairs, and the Office of the Secretar

Defense shall be invited to participate in any group which deals with othe

substantive intelligence matters. 

SEC. 1.4. THE INTELLIGENCE COMMUNITY. The agencies within the Intel

Community shall, in accordance with applicable United States law and w

provisions of this Order, conduct intelligence activities necessary for the 

foreign relations and the protection of the national security of the United 

including: 

(a) Collection of information needed by the President and, in the perform

Executive functions, the Vice President, the National Security Council, t

Secretaries of State and Defense, and other Executive Branch officials fo

performance of their duties and responsibilities; 
535

(e) Administrative and support activities within the United States and abr

necessary for the performance of authorized activities; and 

(f) Such other intelligence activities as the President may direct from tim

1.5. DIRECTOR OF CENTRAL INTELLIGENCE. In order to discharge the dut

responsibilities prescribed by law, the Director of Central Intelligence sh

responsible directly to the President and the NSC and shall: 

(a)(1) Act as the principal adviser to the President for intelligence matters 

the national security. 

(2) Act as the principal adviser to the National Security Council 

Homeland Security Council for intelligence matters related to th

security, and. 

(b)(1) Develop such objectives and guidance for the Intelligence Commu

necessary, in the Director’s judgment, to ensure timely and effective colle

processing, analysis, and dissemination of intelligence, of whatever natur

whatever source derived, concerning current and potential threats to the s

the United States and its interests, and to ensure that the National Foreign 

Intelligence Program (NFIP) is structured adequately to achieve these req

and

(2) Working with the Intelligence Community, ensure that Unite

intelligence collection activities are integrated in: 

(A) collecting against enduring and emerging national s

intelligence issues; 

(B) maximizing the value to the national security; and 

(C) ensuring that all collected data is available to the ma

extent practicable for integration, analysis, and dissemin

those who can act, add value to, or otherwise apply it to 

needs. 

(c) Promote the development and maintenance of services of common co

designated intelligence organizations on behalf of the Intelligence Comm

(d) Ensure implementation of special activities; 

(e) Formulate policies concerning foreign intelligence and counterintellig

arrangements with foreign governments, coordinate foreign intelligence a

counterintelligence relationships between agencies of the Intelligence Co

and the intelligence or internal security services of foreign governments, 

establish procedures governing the conduct of liaison by any department 

with such service on narcotics activities; 
536

(A) the fullest and most prompt sharing of information p

assigning the highest priority to detecting, preventing, p

and disrupting terrorist threats against our homeland, ou

our allies, and our interests; and 

(B) the establishment of interface standards for an intero

information sharing enterprise that facilitates the automa

of intelligence information among agencies within the In

Community. 

(2) (A) Establish, operate, and direct national centers with respec

determined by the President for purposes of this subparagraph to 

highest national security priority, with the functions of analysis a

(including planning for diplomatic, financial, military, intelligen

homeland security, and law enforcement activities, and integratio

activities among departments and agencies) relating to such matt

(B) The countering of terrorism within the United States

citizens of the United States, our allies, and our interests 

hereby determined to be a matter of the highest national 

priority for purposes of subparagraph (2)(A) of this subs

(3) Ensure that appropriate agencies and departments have acces

receive all-source intelligence support needed to perform indepe

alternative analysis. 

(h) Ensure that programs are developed which protect intelligence source

and analytical procedures; 

(i) Establish uniform criteria for the determination of relative priorities fo

transmission of critical national foreign intelligence, and advise the Secre

Defense concerning the communications requirements of the Intelligence 

Community for the transmission of such communications; 

(j) Establish appropriate staffs, committees, or other advisory groups to a

execution of the Director’s responsibilities; 

(k) Have full responsibility for production and dissemination of national 

intelligence, and authority to levy analytic tasks on departmental intellige

production organizations, in consultation with those organizations, ensuri

appropriate mechanisms for competitive analysis are developed so that di

of view are considered fully and differences of judgment within the Intell

Community are brought to the attention of national policymakers; 

(l) Ensure the timely exploitation and dissemination of data gathered by n

foreign intelligence collection means, and ensure that the resulting intelli
537

establish collection requirements for the Intelligence Community

collection priorities, manage collection tasking, and resolve conf

tasking of national collection assets (except when otherwise dire

President or when the Secretary of Defense exercises collection t

authority under plans and arrangements approved by the Secreta

Defense and the Director) of the Intelligence Community. 

(3) Provide advisory tasking concerning collection of intelligenc

information to elements of the United States Government that ha

information collection capabilities and are not organizations with

Intelligence Community. 

(4) The responsibilities in subsections 1.5(m)(2) and (3) apply, to 

maximum extent consistent with applicable law, whether inform

be collected inside or outside the United States. 

(n)(1) Develop, determine, and present with the advice of the heads of de

or agencies that have an organization within the Intelligence Community

consolidated NFIP budget. The Director shall be responsible for developi

integrated and balanced national intelligence program that is directly resp

the national security threats facing the United States. The Director shall s

budget (accompanied by dissenting views, if any, of the head of a departm

agency that has an organization within the Intelligence Community) to th

for approval; and 

(2) Participate in the development by the Secretary of Defense of the ann

for the Joint Military Intelligence Program (JMIP) and the Tactical Intelli

Related Activities (TIARA) Program. 

(o)(1) Transfer, consistent with applicable law and with the approval of th

of the Office of Management and Budget, funds from an appropriation fo

to another appropriation for the NFIP or to another NFIP component; 

(2) Review, and approve or disapprove, consistent with applicab

proposal to: (i) reprogram funds within an appropriation for the N

transfer funds from an appropriation for the NFIP to an appropri

not for the NFIP within the Intelligence Community; or (iii) tran

from an appropriation that is not for the NFIP within the Intellig

Community to an appropriation for the NFIP; and 

(3) Monitor and consult with the Secretary of Defense on reprog

transfers of funds within, into, or out of, appropriations for the JM

TIARA Program. 

(p)(1) Monitor implementation and execution of the NFIP budget by the 

departments or agencies that have an organization within the Intelligence 
538

effectiveness of implementation of the NFIP Program by organiz

within the Intelligence Community, for which purpose the heads 

departments and agencies shall ensure that the Director has acce

programmatic, execution, and other appropriate information. 

(q) Together with the Secretary of Defense, ensure that there is no unnece

overlap between national foreign intelligence programs and the Departme

Defense intelligence programs consistent with the requirement to develop 

competitive analysis, and provide to and obtain from the Secretary of De

information necessary for this purpose; 

(r) In accordance with law and relevant procedures approved by the Attor

under this Order, give the heads of the departments and agencies access t

intelligence, developed by the CIA or the staff elements of the Director o

Intelligence, relevant to the national intelligence needs of the department

agencies; and 

(s) Facilitate the use of national foreign intelligence products by Congres

manner. 

SEC. 1.6. DUTIES AND RESPONSIBILITIES OF THE HEADS OF EXECUTIVE B

DEPARTMENTS AND AGENCIES.

(a) The heads of all departments and agencies shall: 

(1) Unless the Director provides otherwise, give the Director acc

foreign intelligence, counterintelligence, and national intelligenc

defined in the Act, that is relevant to transnational terrorist threat

weapons of mass destruction proliferation threats, including such 

intelligence derived from activities of the FBI, DHS, and any oth

department or agency, and all other information that is related to 

security or that otherwise is required for the performance of the D

duties, except such information that is prohibited by law, by the 

by the Attorney General acting under this order at the direction o

President from being provided to the Director. The Attorney Gen

agree to procedures with the Director pursuant to section 3(5)(B) 

no later than 90 days after the issuance of this order that ensure t

receives all such information; 

(2) support the Director in developing the NFIP; 

(3) ensure that any intelligence and operational systems and arch

their departments and agencies are consistent with national intell

requirements set by the Director and all applicable information s

security guidelines, and information privacy requirements; and 
539

Intelligence Program shall ensure timely development and submission to 

of Central Intelligence by the program managers and heads of componen

of proposed national programs and budgets in the format designated by th

of Central Intelligence, and shall also ensure that the Director of Central 

is provided, in a timely and responsive manner, all information necessary 

the Director’s program budget responsibilities. 

(c) The heads of departments and agencies involved in the National Forei

Intelligence Program may appeal to the President decisions by the Direct

Intelligence on budget or reprogramming matters of the National Foreign 

Program. 

SEC. 1.7. SENIOR OFFICIALS OF THE INTELLIGENCE COMMUNITY. The hea

departments and agencies with organizations in the intelligence commun

heads of such organizations, as appropriate, shall: 

(a) Report to the Attorney General possible violations of federal criminal 

employees and of specified federal criminal laws by any other person as p

procedures agreed upon by the Attorney General and the head of the depa

agency concerned, in a manner consistent with the protection of intelligen

and methods, as specified in those procedures; 

(b) In any case involving serious or continuing breaches of security, reco

the Attorney General that the case be referred to the FBI for further inves

(c) Furnish to the NSC, in accordance with applicable law and procedure

by the Attorney General under this Order, the information required for th

performance of its duties; 

(d) Report to the Intelligence Oversight Board, and keep the Director of C

Intelligence appropriately informed, concerning any intelligence activitie

organizations that they have reason to believe may be unlawful or contrar

Executive order or Presidential directive; 

(e) Protect intelligence and intelligence sources and methods from unauth

disclosure consistent with guidance from the Director of Central Intellige

(f) Disseminate intelligence to cooperating foreign governments under ar

established or agreed to the Director of Central Intelligence; 

(g) Participate in the development of procedures approved by the Attorne

governing production and dissemination of intelligence resulting from cr

narcotics intelligence activities abroad if their departments, agencies, or 

organizations have intelligence responsibilities for foreign or domestic na

production and trafficking; 
540

SEC. 1.8. THE CENTRAL INTELLIGENCE AGENCY. All duties and responsi

the CIA shall be related to the intelligence functions set out below. As au

this Order, the National Security Act of 1947, as amended; the CIA Act o

amended; appropriate directives or other applicable law, the CIA shall: 

(a) Collect, produce, and disseminate foreign intelligence and counterinte

including information not otherwise obtainable. The collection of foreign 

intelligence or counterintelligence within the United States shall be coord

the FBI as required by procedures agreed upon by the Director of Central 

Intelligence and the Attorney General; 

(b) Collect, produce and disseminate intelligence on foreign aspects of na

production and trafficking; 

(c) Conduct counterintelligence activities outside the United States and, w

assuming or performing any internal security functions, conduct counteri

activities within the United States in coordination with the FBI as require

procedures agreed upon by the Director of Central Intelligence and the A

General; 

(d) Coordinate counterintelligence activities and the collection of informa

otherwise obtainable when conducted outside the United States by other 

and agencies; 

(e) Conduct special activities approved by the President. No agency exce

(or the Armed Forces of the United States in time of war declared by Con

during any period covered by a report from the President to the Congress 

War Powers Resolution (87 Stat. 855)) may conduct any special activity 

President determines that another agency is more likely to achieve a parti

objective; 

(f) Conduct services of common concern for the Intelligence Community 

by the NSC; 

(g) Carry out or contract for research, development and procurement of te

systems and devices relating to authorized functions; 

(h) Protect the security of its installations, activities, information, propert

employees by appropriate means, including such investigations of applica

employees, contractors, and other persons with similar associations with 

are necessary; and 

(i) Conduct such administrative and technical support activities within an

the United States as are necessary to perform the functions described in s

through (h) above, including procurement and essential cover and proprie

arrangements. 
541

(d) Transmit reporting requirements of the Intelligence Community to the 

United States Missions abroad; 

(e) Support Chiefs of Missions in discharging their statutory responsibilit

direction and coordination of mission activities. 

SEC. 1.10. THE DEPARTMENT OF THE TREASURY AND THE DEPARTMENT O

HOMELAND SECURITY. The Secretary of the Treasury, with respect to sub

(a), (b), and (c), and the Secretary of Homeland Security with respect to s

(d), shall: 

(a) Overtly collect foreign financial and monetary information; 

(b) Participate with the Department of State in the overt collection of gen

economic information; 

(c) Produce and disseminate foreign intelligence relating to United States 

policy as required for the execution of the Secretary’s responsibilities; 

(d) Conduct, through the United States Secret Service, activities to determ

existence and capability of surveillance equipment being used against the 

or the Vice President of the United States, the Executive Office of the Pre

as authorized by the Secretary of Homeland Security or the President, oth

Service protectees and United States officials. No information shall be a

intentionally through such activities except to protect against such survei

those activities shall be conducted pursuant to procedures agreed upon by 

Secretary of Homeland Security and the Attorney General. 

SEC. 1.11. THE DEPARTMENT OF DEFENSE. The Secretary of Defense sha

(a) Collect national foreign intelligence and be responsive to collection ta

Director of Central Intelligence; 

(b) Collect, produce and disseminate, military and military-related foreig

intelligence and counterintelligence as required for execution of the Secre

responsibilities; 

(c) Conduct programs and missions necessary to fulfill national, departm

tactical foreign intelligence requirements; 

(d) Conduct counterintelligence activities in support of Department of De

components outside the United States in coordination with the CIA, and w

United States in coordination with the FBI pursuant to procedures agreed 

Secretary of Defense and the Attorney General; 

(e) Conduct, as the executive agent of the United States Government, sign

intelligences and communication security activities, except as otherwise d

the NSC; 
542

investigations of applicants, employees, contractors, and other persons w

associations with the Department of Defense as are necessary; 

(i) Establish and maintain military intelligence relationships and military 

exchange programs with selected cooperative foreign defense establishm

international organizations, and ensure that such relationships and progra

accordance with policies formulated by the Director of Central Intelligen

(j) Direct, operate, control and provide fiscal management for the Nation

Agency and for defense and military intelligence and national reconnaiss

activities; 

(k) Conduct such administrative and technical support activities within an

the United States as are necessary to perform the functions described in s

though (j) above. 

SEC. 1.12. INTELLIGENCE COMPONENTS UTILIZED BY THE SECRETARY OF 

In carrying out the responsibilities assigned in section 1.11, the Secretary 

is authorized to utilize the following: 

(a) Defense Intelligence Agency, whose responsibilities shall include: 

(1) Collection, production, or, through tasking and coordination, 

military and military-related intelligence for the Secretary of Def

Joint Chiefs of Staff, other Defense components, and, as appropr

Defense agencies; 

(2) Collection and provision of military intelligence for national 

intelligence and counterintelligence products; 

(3) Coordination of all Department of Defense intelligence produ

products; 

(4) Management of the Defense Attaché system; and 

(5) Provision of foreign intelligence and counterintelligence staf

directed by the Joint Chiefs of Staff. 

(b) National Security Agency, whose responsibilities shall include: 

(1) Establishment and operation of an effective unified organizat

signals intelligence activities, except for the delegation of operat

control over certain operations that are conducted through other 

the Intelligence Community. No other department or agency ma

signals intelligence activities except pursuant to a delegation by 

Secretary of Defense; 

(2) Control of signals intelligence collection and processing activ

including assignment of resources to an appropriate agent for suc

and tasks as required for the direct support of military command
543

(5) Dissemination of signals intelligence information for nationa

intelligence purposes in accordance with guidance from the Dire

Central Intelligence; 

(6) Collection, processing and dissemination of signals intelligen

information for counterintelligence purposes; 

(7) Provision of signals intelligence support for the conduct of m

operations in accordance with tasking, priorities, and standards o

assigned by the Secretary of Defense. If provision of such suppo

use of national collection systems, these systems will be tasked w

existing guidance from the Director of Central Intelligence; 

(8) Executing the responsibilities of the Secretary of Defense as 

agent for the communications security of the United States Gove

(9) Conduct of research and development to meet the needs of th

States for signals intelligence and communications security; 

(10) Protection of the security of installations, activities, informa

property, and employees by appropriate means, including such 

investigations of applicants, employees, contractors, and other pe

similar associations with the NSA as are necessary; 

(11) Prescribing within its field of authorized operations, security 

regulations covering operating practices, including the transmiss

handling and distribution of signals intelligence and communicat

security material within and among the elements under control o

Director of the NSA, and exercising the necessary supervisory co

ensure compliance with the regulations; 

(12) Conduct of foreign cryptologic liaison relationships, with li

intelligence purposes conducted in accordance with policies form

the Director of Central Intelligence; 

(13) Conduct such administrative and technical support activities 

outside the United States as are necessary to perform the functio

in sections (1) though (12) above. 

(c) Offices for the collection of specialized intelligence through reconnai

programs, whose responsibilities shall include: 

(1) Carrying out consolidated reconnaissance programs for speci

intelligence; 

(2) Responding to tasking in accordance with procedures establi

Director of Central Intelligence; and 
544

foreign intelligence and counterintelligence, and information on 

aspects of narcotics production and trafficking. When collection 

conducted in response to national foreign intelligence requireme

be conducted in accordance with guidance from the Director of C

Intelligence. Collection of national foreign intelligence, not othe

obtainable, outside the United States shall be coordinated with th

such collection within the United States shall be coordinated wit

(2) Conduct of counterintelligence activities outside the United S

coordination with the CIA, and within the United States in coord

the FBI; and 

(3) Monitoring of the development, procurement and manageme

intelligence systems and equipment and conducting related resea

development, and test and evaluation activities. 

(e) Other offices within the Department of Defense appropriate for condu

intelligence missions and responsibilities assigned to the Secretary of De

such other offices are used for intelligence purposes, the provisions of Pa

Order shall apply to those offices when used for those purposes. 

SEC. 1.13. THE DEPARTMENT OF ENERGY. The Secretary of Energy shall

(a) Participate with the Department of State in overtly collecting informa

respect to foreign energy matters; 

(b) Produce and disseminate foreign intelligence necessary for the Secret

responsibilities; 

(c) Participate in formulating intelligence collection and analysis requirem

the special expert capability of the Department can contribute; and 

(d) Provide expert technical, analytical and research capability to other ag

within the Intelligence Community. 

SEC. 1.14. THE FEDERAL BUREAU OF INVESTIGATION. Under the supervi

Attorney General and pursuant to such regulations as the Attorney Gener

establish, the Director of the FBI shall: 

(a) Within the United States conduct counterintelligence and coordinate 

counterintelligence activities of other agencies within the Intelligence Co

When a counterintelligence activity of the FBI involves military or civilia

of the Department of Defense, the FBI shall coordinate with the Departm

Defense; 
545

within the Intelligence Community, or, when requested by the Director o

National Security Agency, to support the communications security activi

United States Government; 

(d) Produce and disseminate foreign intelligence and counterintelligence; 

(e) Carry out or contract for research, development and procurement of te

systems and devices relating to the functions authorized above. 

PART 2—CONDUCT OF INTELLIGENCE ACTIVITIE

SEC. 2.1. NEED. Accurate and timely information about the capabilities, 

and activities of foreign powers, organizations, or persons and their agent

essential to informed decision making in the areas of national defense and 

relations. Collection of such information is a priority objective and will b

in a vigorous, innovative and responsible manner that is consistent with t

Constitution and applicable law and respectful of the principles upon whi

United States was founded. 

SEC. 2.2. PURPOSE. This Order is intended to enhance human and technic

collection techniques, especially those undertaken abroad, and the acquis

significant foreign intelligence, as well as the detection and countering of 

international terrorist activities and espionage conducted by foreign powe

forth below are certain general principles that, in addition to and consiste

applicable laws, are intended to achieve the proper balance between the a

of essential information and protection of individual interests. Nothing in 

shall be construed to apply to or interfere with any authorized civil or crim

enforcement responsibility of any department or agency. 

SEC. 2.3. COLLECTION OF INFORMATION. Agencies within the Intelligenc

Community are authorized to collect, retain or disseminate information c

United States persons only in accordance with procedures established by 

the agency concerned and approved by the Attorney General, consistent w

authorities provided by Part 1 of this Order. Those procedures shall perm

collection, retention and dissemination of the following types of informat

(a) Information that is publicly available or collected with the consent of 

concerned;

(b) Information constituting foreign intelligence or counterintelligence, in

such information concerning corporations or other commercial organizati

Collection within the United States of foreign intelligence not otherwise 
546

(d) Information needed to protect the safety of any persons or organizatio

including those who are targets, victims or hostages of international terro

organizations; 

(e) Information needed to protect foreign intelligence or counterintelligen

or methods from unauthorized disclosure. Collection within the United S

be undertaken by the FBI except that other agencies of the Intelligence C

may also collect such information concerning present or former employe

or former intelligence agency contractors or their present or former emplo

applicants for such employment or contracting; 

(f) Information concerning persons who are reasonably believed to be po

sources or contacts for the purpose of determining their suitability or cred

(g) Information arising out of a lawful personnel, physical or communica

security investigation; 

(h) Information acquired by overhead reconnaissance not directed at spec

States persons; and 

(i) Incidentally obtained information that may indicate involvement in ac

may violate federal, state, local or foreign laws; and 

(j) Information necessary for administrative purposes. 

In addition, agencies within the Intelligence Community may disseminate 

information, other than information derived from signals intelligence, to 

appropriate agency within the Intelligence Community for purposes of al

recipient agency to determine whether the information is relevant to its 

responsibilities and can be retained by it. 

SEC. 2.4. COLLECTION TECHNIQUES. Agencies within the Intelligence Co

shall use the least intrusive collection techniques feasible within the Unit

directed against United States persons abroad. Agencies are not authoriz

such techniques as electronic surveillance, unconsented physical searches

surveillance, physical surveillance, or monitoring devices unless they are 

accordance with procedures established by the head of the agency and ap

the Attorney General. Such procedures shall protect constitutional and o

rights and limit use of such information to lawful governmental purposes

procedures shall not authorize: 

(a) The CIA to engage in electronic surveillance within the United States 

the purpose of training, testing, or conducting countermeasures to hostile 

surveillance; 

(b) Unconsented physical searches in the United States by agencies other 

FBI, except for: 
547

(2) Searches by CIA of personal property of nonUnited States p

lawfully in its possession. 

(c) Physical surveillance of a United States person in the United States by 

other than the FBI, except for: 

(1) Physical surveillance of present or former employees, presen

intelligence agency contractors or their present or former employ

applicants for any such employment or contracting; and 

(2) Physical surveillance of a military person employed by a non

intelligence element of a military service. 

(d) Physical surveillance of a United States person abroad to collect forei

intelligence, except to obtain significant information than cannot reasona

acquired by other means. 

SEC. 2.5. ATTORNEY GENERAL APPROVAL. The Attorney General hereby 

delegated the power to approve the use for intelligence purposes, within t

States or against a United States person abroad, of any technique for whic

would be required if undertaken for law enforcement purposes, provided 

techniques shall not be undertaken unless the Attorney General has determ

each case that there is probable cause to believe that the technique is dire

a foreign power or an agent of a foreign power. Electronic surveillance, 

the Foreign Intelligence Surveillance Act of 1978, shall be conducted in a

with that Act, as well as this Order. 

SEC. 2.6. ASSISTANCE TO LAW ENFORCEMENT AUTHORITIES. Agencies w

Intelligence Community are authorized to: 

(a) Cooperate with appropriate law enforcement agencies for the purpose 

protecting the employees, information, property and facilities of any agen

the Intelligence Community; 

(b) Unless otherwise precluded by law or this Order, participate in law en

activities to investigate or prevent clandestine intelligence activities by fo

powers, or international terrorist or narcotics activities; 

(c) Provide specialized equipment, technical knowledge, or assistance of 

personnel for use by any department or agency, or when lives are endang

support local law enforcement agencies. Provision of assistance by exper

shall be approved in each case by the General Counsel of the providing a

(d) Render any other assistance and cooperation to law enforcement auth

precluded by applicable law. 
548

SEC. 2.8. CONSISTENCY WITH OTHER LAWS. Nothing in this Order shall 

to authorize any activity in violation of the Constitution or statutes of the 

States.

SEC. 2.9. UNDISCLOSED PARTICIPATION IN ORGANIZATIONS WITHIN THE U

STATES. No one acting on behalf of agencies within the Intelligence Com

may join or otherwise participate in any organization in the United States 

of any agency within the Intelligence Community without disclosing his 

affiliation to appropriate officials of the organization, except in accordan

procedures established by the head of the agency concerned and approve

Attorney General. Such participation shall be authorized only if it is esse

achieving lawful purposes as determined by the agency head or designee

participation may be undertaken for the purpose of influencing the activit

organization or its members except in cases where: 

(a) The participation is undertaken on behalf of the FBI in the course of a 

investigation; or 

(b) The organization concerned is composed primarily of individuals who 

United States persons and is reasonably believed to be acting on behalf o

power. 

SEC. 2.10. HUMAN EXPERIMENTATION. No agency within the Intelligenc

Community shall sponsor, contract for or conduct research on human sub

in accordance with guidelines issued by the Department of Health and Hu

Services. The subject’s informed consent shall be documented as require

guidelines. 

SEC. 2.11. PROHIBITION ON ASSASSINATION. No person employed by or 

behalf of the United States Government shall engage in or conspire to en

assassination.

SEC. 2.12. INDIRECT PARTICIPATION. No agency of the Intelligence Com

participate in or request any person to undertake activities forbidden by th

PART 3—GENERAL PROVISIONS 

SEC. 3.1. CONGRESSIONAL OVERSIGHT. The duties and responsibilities o

Director of Central Intelligence and the heads of other departments, agen
549

SEC. 3.2. IMPLEMENTATION. The NSC, the Secretary of Defense, the Atto

General, and the Director of Central Intelligence shall issue such appropr

directives and procedures as are necessary to implement this Order. Head

agencies within the Intelligence Community shall issue appropriate suppl

directives and procedures consistent with this Order. The Attorney Gene

provide a statement of reasons for not approving any procedures establish

head of an agency in the Intelligence Community other than the FBI. Th

Security Council may establish procedures in instances where the agency 

the Attorney General are unable to reach agreements on other than consti

other legal grounds. 

SEC. 3.3. PROCEDURES. Until the procedures required by this Order have 

established, the activities herein authorized which require procedures sha

conducted in accordance with existing procedures or requirements establi

Executive Order No. 12036. Procedures required by this Order shall be e

as expeditiously as possible. All procedures promulgated pursuant to this 

be made available to the congressional intelligence oversight committees

SEC. 3.4. DEFINITIONS. For the purposes of this Order, the following term

have these meanings: 

(a) Counterintelligence means information gathered and activities conduc

protect against espionage, other intelligence activities, sabotage, or assass

conducted for or on behalf of foreign powers, organizations, or persons, o

international terrorist activities, but not including personnel, physical, do

communications security programs. 

(b) Electronic surveillance means acquisition of a nonpublic communicat

electronic means without the consent of a person who is a party to an elec

communication or, in the case of a nonelectronic communication, withou

consent of a person who is visibly present at the place of communication

including the use of radio direction-finding equipment solely to determin

location of a transmitter. 

(c) Employee means a person employed by, assigned to or acting for an a

within the Intelligence Community. 

(d) Foreign intelligence means information relating to the capabilities, in

activities of foreign powers, organizations or persons, but not including 

counterintelligence except for information on international terrorist activi

(e) Intelligence activities means all activities that agencies within the Inte

Community are authorized to conduct pursuant to this Order. 
550

(4) The offices within the Department of Defense for the collecti

specialized national foreign intelligence through reconnaissance 

(5) The Bureau of Intelligence and Research of the Department o

(6) The intelligence elements of the Army, Navy, Air Force, and 

Corps, the Federal Bureau of Investigation (FBI), the Departmen

Treasury, and the Department of Energy; 

(7) The staff elements of the Director of Central Intelligence; 

(8) The intelligence elements of the Coast Guard and those elem

Department of Homeland Security that are supervised by the Dep

Under Secretary for Information Analysis and Infrastructure Pro

through the Department’s Assistant Secretary for Information An

the exception of those functions that involve no analysis of forei

intelligence information; and 

(9) National Geospatial-Intelligence Agency. 

(g) The National Foreign Intelligence Program includes the programs list

but its composition shall be subject to review by the National Security Co

modification by the President: 

(1) The programs of the CIA; 

(2) The Consolidated Cryptologic Program, the General Defense 

Program, and the programs of the offices within the Department 

for the collection of specialized national foreign intelligence thro

reconnaissance, except such elements as the Director of Central 

and the Secretary of Defense agree should be excluded. 

(3) Other programs of agencies within the Intelligence Commun

designated jointly by the Director of Central Intelligence and the 

department or by the President as national foreign intelligence or 

counterintelligence activities; 

(4) Activities of the staff elements of the Director of Central Inte

(5) Activities to acquire the intelligence required for the planning 

conduct of tactical operations by the United States military force

included in the National Foreign Intelligence Program. 

(h) Special activities means activities conducted in support of national fo

intelligence objectives abroad which are planned and executed so that the 

United States Government is not apparent or acknowledged publicly, and 

in support of such activities, but which are not intended to influence Unit

political processes, public opinion, policies, or media and do not include 

activities or the collection and production of intelligence or related suppo
551

SEC. 3.5. PURPOSE AND EFFECT. This Order is intended to control and pr

direction and guidance to the Intelligence Community. Nothing containe

in any procedures promulgated hereunder is intended to confer any subst

procedural right or privilege on any person or organization.

SEC. 3.6. REVOCATION. Executive Order No. 12036 of January 24, 1978

amended, entitled “United States Intelligence Activities,” is revoked. 

-/S/-Ronald Reagan 

THE WHITE HOUSE

December 4, 1981 
552
553

United States of America, and in order to enhance the security of the U

States by improving the quality and effectiveness of intelligence avail

United States, and to assure the legality of activities of the Intelligenc

Community, it is ordered as follows: 

PART 1—ASSESSMENT OF INTELLIGENCE ACTIVIT

SECTION 1.1. There is hereby established within the White House Off

Executive Office of the President, the President’s Foreign Intelligence 

Board (PFIAB). The PFIAB shall consist of not more than 16 membe

shall serve at the pleasure of the President and shall be appointed by th

from among trustworthy and distinguished citizens outside the Govern

are qualified on the basis of achievement, experience and independenc

President shall establish the terms of the members upon their appointm

extent practicable, one-third of the PFIAB at any one time shall be com

members whose term of service does not exceed 2 years. The Presiden

designate a Chairman and Vice Chairman from among the members. T

shall utilize fulltime staff and consultants as authorized by the Preside

staff shall be headed by an Executive Director, appointed by the Presi

SEC. 1.2. The PFIAB shall assess the quality, quantity, and adequacy 

intelligence collection, of analysis and estimates, and of counterintelli

other intelligence activities. The PFIAB shall have the authority to rev

continually the performance of all agencies of the Federal Governmen

engaged in the collection, evaluation, or production of intelligence or 

execution of intelligence policy. The PFIAB shall further be authorize

the adequacy of management, personnel and organization in the intell

agencies. The heads of departments and agencies of the Federal Gove

the extent permitted by law, shall provide the PFIAB with access to al

information that the PFIAB deems necessary to carry out its responsib

SEC. 1.3. The PFIAB shall report directly to the President and advise h

concerning the objectives, conduct, management and coordination of 

activities of the agencies of the Intelligence Community. The PFIAB 

periodically, but at least semiannually, concerning its findings and app
554

engaged in intelligence or related activities, in which the advice of the 

will further the effectiveness of the national intelligence effort. With r

matters deemed appropriate by the President, the PFIAB shall advise 

recommendations to the Director of National Intelligence, the Central 

Intelligence Agency, and other Government agencies engaged in intel

related activities, concerning ways to achieve increased effectiveness 

national intelligence needs. 

PART 2—OVERSIGHT OF INTELLIGENCE ACTIVIT

SEC. 2.1. The Intelligence Oversight Board (IOB) is hereby establishe

standing committee of the PFIAB. The IOB shall consist of no more 

members designated by the President from among the membership of 

The Chairman of the PFIAB may also serve as the Chairman or a mem

IOB if so designated by the President. The IOB shall utilize such full

and consultants as authorized by the Chairman of the IOB with the co

of the Chairman of the PFIAB. 

SEC. 2.2. The IOB shall: 

(a) prepare for the President reports of intelligence activities that the I

believes may be unlawful or contrary to Executive order or Presidenti

(b) forward to the Attorney General reports received concerning intell

activities that the IOB believes may be unlawful or contrary to Execut

Presidential directive; 

(c) review the internal guidelines of each agency within the Intelligen

Community that concern the lawfulness of intelligence activities; 

(d) review the practices and procedures of the Inspectors General and 

Counsel of the Intelligence Community for discovering and reporting 

activities that may be unlawful or contrary to Executive order or Presi

directive; and 

(e) conduct such investigations as the IOB deems necessary to carry o

functions under this order. 

SEC. 2.3. The IOB shall report to the President. The IOB shall conside

appropriate action with respect to matters identified by the Director of 

Intelligence, the Central Intelligence Agency or other agencies of the 
555

to the extent permitted by law, shall provide the IOB with all informat

IOB deems necessary to carry out its responsibilities. Inspectors Gene

General Counsel of the Intelligence Community, to the extent permitt

shall report to the IOB, at least on a quarterly basis and from time to t

necessary or appropriate, concerning intelligence activities that they h

to believe may be unlawful or contrary to Executive order or Presiden

directive.

PART 3—GENERAL PROVISIONS 

SEC. 3.1. Information made available to the PFIAB, or members of th

acting in their IOB capacity, shall be given all necessary security prot

accordance with applicable laws and regulations. Each member of the 

each member of the PFIAB’s staff and each of the PFIAB’s consultan

execute an agreement never to reveal any classified information obtain

virtue of his or her services with the PFIAB except to the President or 

persons as the President may designate. 

SEC. 3.2. Members of the PFIAB shall serve without compensation bu

receive transportation expenses and per diem allowance as authorized 

Staff and consultants to the PFIAB shall receive pay and allowances a

authorized by the President. 

SEC. 3.3. Executive Order No. 12334 of December 4, 1981, as amend

Executive Order No. 12537 of October 28, 1985, as amended, are rev

SEC. 3.4. This order is intended only to improve the internal managem

executive branch of the Federal Government, and is not intended to, a

not, create any right or benefit, substantive or procedural, enforceable 

equity, against the United States, its departments, agencies, or other en

officers or employees, or any other person.” 

-/S/-William J. Clinton 

THE WHITE HOUSE, 

September 13, 1993 
556
557

This order prescribes a uniform system for classifying, safeguarding, 

declassifying national security information, including information rela

defense against transnational terrorism. Our democratic principles req

American people be informed of the activities of their Government. A

Nation’s progress depends on the free flow of information. Neverthele

throughout our history, the national defense has required that certain i

be maintained in confidence in order to protect our citizens, our demo

institutions, our homeland security, and our interactions with foreign n

Protecting information critical to our Nation’s security remains a prior

NOW, THEREFORE, by the authority vested in me as President by the C

and the laws of the United States of America, it is hereby ordered as f

PART 1—ORIGINAL CLASSIFICATION 

SEC. 1.1. CLASSIFICATION STANDARDS.

(a) Information may be originally classified under the terms of this or

all of the following conditions are met: 

(1) an original classification authority is classifying the inform

(2) the information is owned by, produced by or for, or is und

control of the United States Government; 

(3) the information falls within one or more of the categories 

information listed in section 1.4 of this order; and 

(4) the original classification authority determines that the una

disclosure of the information reasonably could be expected to 

damage to the national security, which includes defense again

transnational terrorism, and the original classification authorit

identify or describe the damage. 

(b) Classified information shall not be declassified automatically as a 

any unauthorized disclosure of identical or similar information. 

(c) The unauthorized disclosure of foreign government information is 

to cause damage to the national security. 

SEC. 1.2. CLASSIFICATION LEVELS.

(a) Information may be classified at one of the following three levels: 
558

national security that the original classification authority is ab

identify or describe. 

(3) “Confidential” shall be applied to information, the unauth

disclosure of which reasonably could be expected to cause da

national security that the original classification authority is ab

identify or describe. 

(b) Except as otherwise provided by statute, no other terms shall be us

identify United States classified information. 

SEC. 1.3. CLASSIFICATION AUTHORITY.

(a) The authority to classify information originally may be exercised o

(1) the President and, in the performance of executive duties, 

President;

(2) agency heads and officials designated by the President in t

Register; and 

(3) United States Government officials delegated this authorit

to paragraph (c) of this section. 

(b) Officials authorized to classify information at a specified level are 

authorized to classify information at a lower level. 

(c) DELEGATION OF ORIGINAL CLASSIFICATION AUTHORITY.

(1) Delegations of original classification authority shall be lim

minimum required to administer this order. Agency heads are 

for ensuring that designated subordinate officials have a demo

and continuing need to exercise this authority. 

(2) “Top Secret” original classification authority may be deleg

by the President; in the performance of executive duties, the V

President; or an agency head or official designated pursuant to 

(a)(2) of this section. 

(3) “Secret” or “Confidential” original classification authority 

delegated only by the President; in the performance of execut

the Vice President; or an agency head or official designated p

paragraph (a)(2) of this section; or the senior agency official d

section 5.4(d) of this order, provided that official has been del

“Top Secret” original classification authority by the agency h
559

information and of the criminal, civil, and administrative sanctions tha

brought against an individual who fails to protect classified informatio

unauthorized disclosure. 

(e) EXCEPTIONAL CASES. When an employee, government contractor, 

certificate holder, or grantee of an agency who does not have original 

classification authority originates information believed by that person 

classification, the information shall be protected in a manner consisten

order and its implementing directives. The information shall be transm

promptly as provided under this order or its implementing directives t

agency that has appropriate subject matter interest and classification a

with respect to this information. That agency shall decide within 30 d

to classify this information. If it is not clear which agency has classifi

responsibility for this information, it shall be sent to the Director of th

Information Security Oversight Office. The Director shall determine t

having primary subject matter interest and forward the information, w

appropriate recommendations, to that agency for a classification deter

SEC. 1.4. CLASSIFICATION CATEGORIES. Information shall not be cons

classification unless it concerns: 

(a) military plans, weapons systems, or operations; 

(b) foreign government information; 

(c) intelligence activities (including special activities), intelligence sou

methods, or cryptology; 

(d) foreign relations or foreign activities of the United States, includin

confidential sources; 

(e) scientific, technological, or economic matters relating to the nation

which includes defense against transnational terrorism; 

(f) United States Government programs for safeguarding nuclear mate

facilities;

(g) vulnerabilities or capabilities of systems, installations, infrastructu

projects, plans, or protection services relating to the national security, 

includes defense against transnational terrorism; or 

(h) weapons of mass destruction. 
560

(b) If the original classification authority cannot determine an earlier s

date or event for declassification, information shall be marked for 

declassification 10 years from the date of the original decision, unless 

original classification authority otherwise determines that the sensitiv

information requires that it shall be marked for declassification for up 

from the date of the original decision. All information classified under 

section shall be subject to section 3.3 of this order if it is contained in 

permanent historical value under title 44, United States Code. 

(c) An original classification authority may extend the duration of cla

change the level of classification, or reclassify specific information on

the standards and procedures for classifying information under this or

followed.

(d) Information marked for an indefinite duration of classification und

predecessor orders, for example, marked as “Originating Agency’s 

Determination Required,” or information classified under predecessor 

contains no declassification instructions shall be declassified in accord

part 3 of this order. 

SEC. 1.6. IDENTIFICATION AND MARKINGS.

(a) At the time of original classification, the following shall appear on 

each classified document, or shall be applied to other classified media 

appropriate manner:

(1) one of the three classification levels defined in section 1.2 

order;

(2) the identity, by name or personal identifier and position, o

original classification authority; 

(3) the agency and office of origin, if not otherwise evident;

(4) declassification instructions, which shall indicate one of th

following:

(A) the date or event for declassification, as prescribe

1.5(a) or section 1.5(c); 

(B) the date that is 10 years from the date of original 

classification, as prescribed in section 1.5(b); or 

(C) the date that is up to 25 years from the date of ori

classification, as prescribed in section 1.5 (b); and 
561

classified, with the applicable classification level, and which portions 

unclassified. In accordance with standards prescribed in directives issu

this order, the Director of the Information Security Oversight Office m

waivers of this requirement. The Director shall revoke any waiver upo

of abuse. 

(d) Markings implementing the provisions of this order, including abb

and requirements to safeguard classified working papers, shall conform 

standards prescribed in implementing directives issued pursuant to thi

(e) Foreign government information shall retain its original classificat

markings or shall be assigned a U.S. classification that provides a deg

protection at least equivalent to that required by the entity that furnish

information. Foreign government information retaining its original cla

markings need not be assigned a U.S. classification marking provided 

responsible agency determines that the foreign government markings 

adequate to meet the purposes served by U.S. classification markings. 

(f) Information assigned a level of classification under this or predece

shall be considered as classified at that level of classification despite t

of other required markings. Whenever such information is used in the 

classification process or is reviewed for possible declassification, hold

information shall coordinate with an appropriate classification authori

application of omitted markings. 

(g) The classification authority shall, whenever practicable, use a clas

addendum whenever classified information constitutes a small portion 

otherwise unclassified document. 

(h) Prior to public release, all declassified records shall be appropriate

to reflect their declassification. 

SEC. 1.7. CLASSIFICATION PROHIBITIONS AND LIMITATIONS.

(a) In no case shall information be classified in order to: 

(1) conceal violations of law, inefficiency, or administrative e

(2) prevent embarrassment to a person, organization, or agenc

(3) restrain competition; or 

(4) prevent or delay the release of information that does not re

protection in the interest of the national security. 

(b) Basic scientific research information not clearly related to the nati

security shall not be classified. 
562

(2) the information may be reasonably recovered; and 

(3) the reclassification action is reported promptly to the Dire

Information Security Oversight Office. 

(d) Information that has not previously been disclosed to the public un

authority may be classified or reclassified after an agency has received 

for it under the Freedom of Information Act (5 U.S.C. §552) or the Pr

of 1974 (5 U.S.C. §552a), or the mandatory review provisions of secti

this order only if such classification meets the requirements of this ord

accomplished on a document-by-document basis with the personal pa

or under the direction of the agency head, the deputy agency head, or 

agency official designated under section 5.4 of this order. 

(e) Compilations of items of information that are individually unclass

be classified if the compiled information reveals an additional associa

relationship that: (1) meets the standards for classification under this o

(2) is not otherwise revealed in the individual items of information. A

this order, “compilation” means an aggregation of pre-existing unclas

of information. 

SEC. 1.8. CLASSIFICATION CHALLENGES.

(a) Authorized holders of information who, in good faith, believe that 

classification status is improper are encouraged and expected to challe

classification status of the information in accordance with agency pro

established under paragraph (b) of this section. 

(b) In accordance with implementing directives issued pursuant to this 

agency head or senior agency official shall establish procedures under 

authorized holders of information are encouraged and expected to cha

classification of information that they believe is improperly classified 

unclassified. These procedures shall ensure that: 

(1) individuals are not subject to retribution for bringing such 

(2) an opportunity is provided for review by an impartial offic

panel; and 

(3) individuals are advised of their right to appeal agency dec

Interagency Security Classification Appeals Panel (Panel) est

section 5.3 of this order. 
563

authority. 

(b) Persons who apply derivative classification markings shall: 

(1) observe and respect original classification decisions; and 

(2) carry forward to any newly created documents the pertinen

classification markings. For information derivatively classifie

multiple sources, the derivative classifier shall carry forward: 

(A) the date or event for declassification that correspo

longest period of classification among the sources; an

(B) a listing of these sources on or attached to the off

record copy. 

SEC. 2.2. CLASSIFICATION GUIDES.

(a) Agencies with original classification authority shall prepare classif

guides to facilitate the proper and uniform derivative classification of 

information. These guides shall conform to standards contained in dir

issued under this order. 

(b) Each guide shall be approved personally and in writing by an offic

(1) has program or supervisory responsibility over the inform

the senior agency official; and 

(2) is authorized to classify information originally at the highe

classification prescribed in the guide. 

(c) Agencies shall establish procedures to ensure that classification gu

reviewed and updated as provided in directives issued under this orde

PART 3—DECLASSIFICATION AND DOWNGRADIN

SEC. 3.1. AUTHORITY FOR DECLASSIFICATION.

(a) Information shall be declassified as soon as it no longer meets the 

for classification under this order. 

(b) It is presumed that information that continues to meet the classific

requirements under this order requires continued protection. In some e

cases, however, the need to protect such information may be outweigh

public interest in disclosure of the information, and in these cases the 

should be declassified. When such questions arise, they shall be referr

agency head or the senior agency official. That official will determine

exercise of discretion, whether the public interest in disclosure outwei
564

information is classified in violation of this order, the Director may re

information to be declassified by the agency that originated the classif

Any such decision by the Director may be appealed to the President th

Assistant to the President for National Security Affairs. The informati

remain classified pending a prompt decision on the appeal. 

(d) The provisions of this section shall also apply to agencies that, und

terms of this order, do not have original classification authority, but h

authority under predecessor orders. 

SEC. 3.2. TRANSFERRED RECORDS.

(a) In the case of classified records transferred in conjunction with a tr

functions, and not merely for storage purposes, the receiving agency s

deemed to be the originating agency for purposes of this order. 

(b) In the case of classified records that are not officially transferred a

in paragraph (a) of this section, but that originated in an agency that h

exist and for which there is no successor agency, each agency in posse

such records shall be deemed to be the originating agency for purpose

order. Such records may be declassified or downgraded by the agency 

possession after consultation with any other agency that has an interes

subject matter of the records. 

(c) Classified records accessioned into the National Archives and Rec

Administration (National Archives) as of the effective date of this ord

declassified or downgraded by the Archivist of the United States (Arc

accordance with this order, the directives issued pursuant to this order

declassification guides, and any existing procedural agreement betwee

Archivist and the relevant agency head. 

(d) The originating agency shall take all reasonable steps to declassify 

information contained in records determined to have permanent histor

before they are accessioned into the National Archives. However, the 

may require that classified records be accessioned into the National A

when necessary to comply with the provisions of the Federal Records 

provision does not apply to records being transferred to the Archivist 

section 2203 of title 44, United States Code, or records for which the N

Archives serves as the custodian of the records of an agency or organi

has gone out of existence. 
565

(a) Subject to paragraphs (b)–(e) of this section, on December 31, 200

classified records that 

(1) are more than 25 years old; and 

(2) have been determined to have permanent historical value u

44, United States Code; 

shall be automatically declassified whether or not the records have be

reviewed. Subsequently, all classified records shall be automatically d

on December 31 of the year that is 25 years from the date of its origin

classification, except as provided in paragraphs (b)–(e) of this section

(b) An agency head may exempt from automatic declassification unde

(a) of this section specific information, the release of which could be e

(1) reveal the identity of a confidential human source, or a hu

intelligence source, or reveal information about the applicatio

intelligence source or method; 

(2) reveal information that would assist in the development or 

weapons of mass destruction; 

(3) reveal information that would impair U.S. cryptologic sys

activities;

(4) reveal information that would impair the application of sta

technology within a U.S. weapon system; 

(5) reveal actual U.S. military war plans that remain in effect; 

(6) reveal information, including foreign government informa

would seriously and demonstrably impair relations between th

States and a foreign government, or seriously and demonstrab

undermine ongoing diplomatic activities of the United States; 

(7) reveal information that would clearly and demonstrably im

current ability of United States Government officials to protec

President, Vice President, and other protectees for whom prot

services, in the interest of the national security, are authorized

(8) reveal information that would seriously and demonstrably 

current national security emergency preparedness plans or rev

vulnerabilities of systems, installations, infrastructures, or pro

relating to the national security; or 

(9) violate a statute, treaty, or international agreement. 

(c) An agency head shall notify the President through the Assistant to 

President for National Security Affairs of any specific file series of re
566

invariably exempt from automatic declassification and why th

information must remain classified for a longer period of time

(3) except for the identity of a confidential human source or a 

intelligence source, as provided in paragraph (b) of this sectio

specific date or event for declassification of the information. T

President may direct the agency head not to exempt the file se

declassify the information within that series at an earlier date 

recommended. File series exemptions previously approved by 

President shall remain valid without any additional agency ac

(d) At least 180 days before information is automatically declassified 

section, an agency head or senior agency official shall notify the Direc

Information Security Oversight Office, serving as Executive Secretary 

Panel, of any specific information beyond that included in a notificati

President under paragraph (c) of this section that the agency proposes 

from automatic declassification. The notification shall include: 

(1) a description of the information, either by reference to info

specific records or in the form of a declassification guide; 

(2) an explanation of why the information is exempt from aut

declassification and must remain classified for a longer period 

and

(3) except for the identity of a confidential human source or a 

intelligence source, as provided in paragraph (b) of this sectio

specific date or event for declassification of the information. T

may direct the agency not to exempt the information or to dec

an earlier date than recommended. The agency head may appe

decision to the President through the Assistant to the Presiden

National Security Affairs. The information will remain classif

such an appeal is pending. 

(e) The following provisions shall apply to the onset of automatic 

declassification: 

(1) Classified records within an integral file block, as defined 

order, that are otherwise subject to automatic declassification 

section shall not be automatically declassified until December 

year that is 25 years from the date of the most recent record w

file block. 
567

possible declassification exemptions more difficult or costly. 

(3) By notification to the Director of the Information Security 

Office, before the records are subject to automatic declassific

agency head or senior agency official designated under sectio

order may delay automatic declassification for up to 3 years f

records that have been referred or transferred to that agency b

agency less than 3 years before automatic declassification wo

otherwise be required. 

(4) By notification to the Director of the Information Security 

Office, an agency head or senior agency official designated un

5.4 of this order may delay automatic declassification for up t

from the date of discovery of classified records that were inad

not reviewed prior to the effective date of automatic declassif

(f) Information exempted from automatic declassification under this s

remain subject to the mandatory and systematic declassification review 

provisions of this order. 

(g) The Secretary of State shall determine when the United States sho

commence negotiations with the appropriate officials of a foreign gov

international organization of governments to modify any treaty or inte

agreement that requires the classification of information contained in 

affected by this section for a period longer than 25 years from the date 

creation, unless the treaty or international agreement pertains to inform

may otherwise remain classified beyond 25 years under this section. 

(h) Records containing information that originated with other agencie

disclosure of which would affect the interests or activities of other age

be referred for review to those agencies and the information of concer

subject to automatic declassification only by those agencies, consisten

provisions of subparagraphs (e)(3) and (e)(4) of this section. 

SEC. 3.4. SYSTEMATIC DECLASSIFICATION REVIEW.

(a) Each agency that has originated classified information under this o

predecessors shall establish and conduct a program for systematic 

declassification review. This program shall apply to records of perman

historical value exempted from automatic declassification under sectio

this order. Agencies shall prioritize the systematic review of records b
568

(2) transferred to the Archivist pursuant to section 2203 of titl

United States Code; and

(3) for which the National Archives serves as the custodian fo

or organization that has gone out of existence. 

This program shall apply to pertinent records no later than 25 years fr

of their creation. The Archivist shall establish priorities for the system

of these records based upon the degree of researcher interest and the l

declassification upon review. These records shall be reviewed in acco

the standards of this order, its implementing directives, and declassific

guides provided to the Archivist by each agency that originated the re

Director of the Information Security Oversight Office shall ensure tha

provide the Archivist with adequate and current declassification guide

(c) After consultation with affected agencies, the Secretary of Defense 

establish special procedures for systematic review for declassification 

classified cryptologic information, and the Director of Central Intellig

establish special procedures for systematic review for declassification 

classified information pertaining to intelligence activities (including s

activities), or intelligence sources or methods. 

SEC. 3.5. MANDATORY DECLASSIFICATION REVIEW.

(a) Except as provided in paragraph 

(b) of this section, all information classified under this order or predec

orders shall be subject to a review for declassification by the originati

if:

(1) the request for a review describes the document or materia

containing the information with sufficient specificity to enabl

agency to locate it with a reasonable amount of effort; 

(2) the information is not exempted from search and review u

sections 105C, 105D, or 701 of the National Security Act of 1

U.S.C. §403– 5c, 403–5e, and 431); and 

(3) the information has not been reviewed for declassification 

past 2 years. If the agency has reviewed the information withi

years, or the information is the subject of pending litigation, t

shall inform the requester of this fact and of the requester’s ap

(b) Information originated by: 
569

(4) other entities within the Executive Office of the President 

advise and assist the incumbent President;

is exempted from the provisions of paragraph (a) of this section. How

Archivist shall have the authority to review, downgrade, and declassif

records of former Presidents under the control of the Archivist pursua

sections 2107, 2111, 2111 note, or 2203 of title 44, United States Cod

procedures developed by the Archivist shall provide for consultation w

agencies having primary subject matter interest and shall be consisten

provisions of applicable laws or lawful agreements that pertain to the 

Presidential papers or records. Agencies with primary subject matter i

shall be notified promptly of the Archivist’s decision. Any final decis

Archivist may be appealed by the requester or an agency to the Panel. 

information shall remain classified pending a prompt decision on the a

(c) Agencies conducting a mandatory review for declassification shall 

information that no longer meets the standards for classification under 

They shall release this information unless withholding is otherwise au

and warranted under applicable law. 

(d) In accordance with directives issued pursuant to this order, agency 

develop procedures to process requests for the mandatory review of cl

information. These procedures shall apply to information classified un

predecessor orders. They also shall provide a means for administrativ

appealing a denial of a mandatory review request, and for notifying th

of the right to appeal a final agency decision to the Panel. 

(e) After consultation with affected agencies, the Secretary of Defense 

develop special procedures for the review of cryptologic information; 

Director of Central Intelligence shall develop special procedures for th

of information pertaining to intelligence activities (including special a

or intelligence sources or methods; and the Archivist shall develop sp

procedures for the review of information accessioned into the Nationa

SEC. 3.6. PROCESSING REQUESTS AND REVIEWS. In response to a requ

information under the Freedom of Information Act, the Privacy Act o

the mandatory review provisions of this order, or pursuant to the autom

declassification or systematic review provisions of this order: 
570

systematic review provisions of this order, it shall refer copies of any 

the pertinent documents to the originating agency for processing, and 

consultation with the originating agency, inform any requester of the r

unless such association is itself classified under this order or its prede

cases in which the originating agency determines in writing that a resp

paragraph (a) of this section is required, the referring agency shall res

requester in accordance with that paragraph. 

SEC. 3.7. DECLASSIFICATION DATABASE.

(a) The Director of the Information Security Oversight Office, in conj

with those agencies that originate classified information, shall coordin

linkage and effective utilization of existing agency databases of record

been declassified and publicly released. 

(b) Agency heads shall fully cooperate with the Director of the Inform

Security Oversight Office in these efforts. 

PART 4—SAFEGUARDING 

SEC. 4.1. GENERAL RESTRICTIONS ON ACCESS.

(a) A person may have access to classified information provided that: 

(1) a favorable determination of eligibility for access has been 

an agency head or the agency head’s designee; 

(2) the person has signed an approved nondisclosure agreeme

(3) the person has a need-to-know the information. 

(b) Every person who has met the standards for access to classified in

in paragraph (a) of this section shall receive contemporaneous training 

proper safeguarding of classified information and on the criminal, civ

administrative sanctions that may be imposed on an individual who fa

protect classified information from unauthorized disclosure. 

(c) Classified information shall remain under the control of the origin

agency or its successor in function. An agency shall not disclose infor

originally classified by another agency without its authorization. An o

employee leaving agency service may not remove classified informati

agency’s control. 

(d) Classified information may not be removed from official premises 

proper authorization. 
571

collect, create, communicate, compute, disseminate, process, or store 

information have controls that: 

(1) prevent access by unauthorized persons; and 

(2) ensure the integrity of the information. 

(g) Consistent with law, directives, and regulation, each agency head 

agency official shall establish controls to ensure that classified inform

used, processed, stored, reproduced, transmitted, and destroyed under 

that provide adequate protection and prevent access by unauthorized p

(h) Consistent with directives issued pursuant to this order, an agency 

safeguard foreign government information under standards that provid

of protection at least equivalent to that required by the government or 

international organization of governments that furnished the informati

adequate to achieve equivalency, these standards may be less restrictiv

safeguarding standards that ordinarily apply to United States “Confide

information, including modified handling and transmission and allowi

to individuals with a need-to-know who have not otherwise been clear

access to classified information or executed an approved nondisclosur

agreement. 

(i) Except as otherwise provided by statute, this order, directives impl

this order, or by direction of the President, classified information orig

one agency shall not be disseminated outside any other agency to whi

been made available without the consent of the originating agency. An 

head or senior agency official may waive this requirement for specific 

information originated within that agency. For purposes of this section

Department of Defense shall be considered one agency. Prior consent 

required when referring records for declassification review that contai

information originating in several agencies. 

SEC. 4.2. DISTRIBUTION CONTROLS.

(a) Each agency shall establish controls over the distribution of classif

information to ensure that it is distributed only to organizations or ind

eligible for access and with a need-to-know the information. 

(b) In an emergency, when necessary to respond to an imminent threa

in defense of the homeland, the agency head or any designee may auth

disclosure of classified information to an individual or individuals wh

otherwise not eligible for access. Such actions shall be taken only in a
572

disclosures shall be reported promptly to the originator of the classifie

information. For purposes of this section, the Director of Central Intel

may issue an implementing directive governing the emergency disclo

classified intelligence information. 

(c) Each agency shall update, at least annually, the automatic, routine, 

recurring distribution of classified information that they distribute. Re

shall cooperate fully with distributors who are updating distribution li

shall notify distributors whenever a relevant change in status occurs. 

SEC. 4.3. SPECIAL ACCESS PROGRAMS.

(a) Establishment of special access programs. Unless otherwise author

President, only the Secretaries of State, Defense, and Energy, and the 

Central Intelligence, or the principal deputy of each, may create a spe

program. For special access programs pertaining to intelligence activi

(including special activities, but not including military operational, str

tactical programs), or intelligence sources or methods, this function sh

exercised by the Director of Central Intelligence. These officials shall 

number of these programs at an absolute minimum, and shall establish 

when the program is required by statute or upon a specific finding tha

(1) the vulnerability of, or threat to, specific information is ex

and

(2) the normal criteria for determining eligibility for access ap

information classified at the same level are not deemed suffic

protect the information from unauthorized disclosure. 

(b) Requirements and limitations. 

(1) Special access programs shall be limited to programs in w

number of persons who will have access ordinarily will be rea

small and commensurate with the objective of providing enha

protection for the information involved. 

(2) Each agency head shall establish and maintain a system of 

for special access programs consistent with directives issued p

this order. 

(3) Special access programs shall be subject to the oversight p

established under section 5.4(d) of this order. In addition, the 

the Information Security Oversight Office shall be afforded ac

these programs, in accordance with the security requirements 
573

(4) The agency head or principal deputy shall review annually 

special access program to determine whether it continues to m

requirements of this order. 

(5) Upon request, an agency head shall brief the Assistant to t

President for National Security Affairs, or a designee, on any 

agency’s special access programs. 

(c) Nothing in this order shall supersede any requirement made by or 

U.S.C. §119. 

SEC. 4.4. ACCESS BY HISTORICAL RESEARCHERS AND CERTAIN FORM

GOVERNMENT PERSONNEL.

(a) The requirement in section 4.1(a)(3) of this order that access to cla

information may be granted only to individuals who have a need-to-kn

information may be waived for persons who: 

(1) are engaged in historical research projects; 

(2) previously have occupied policy-making positions to whic

were appointed by the President under section 105(a)(2)(A) o

United States Code, or the Vice President under 106(a)(1)(A) 

United States Code; or 

(3) served as President or Vice President. 

(b) Waivers under this section may be granted only if the agency head 

agency official of the originating agency: 

(1) determines in writing that access is consistent with the inte

national security; 

(2) takes appropriate steps to protect classified information fro

unauthorized disclosure or compromise, and ensures that the i

is safeguarded in a manner consistent with this order; and 

(3) limits the access granted to former Presidential appointees 

Presidential appointees to items that the person originated, rev

signed, or received while serving as a Presidential appointee o

Presidential appointee. 
574

implement this order. These directives shall be binding upon the agen

Directives issued by the Director of the Information Security Oversigh

shall establish standards for: 

(1) classification and marking principles; 

(2) safeguarding classified information, which shall pertain to 

handling, storage, distribution, transmittal, and destruction of 

accounting for classified information; 

(3) agency security education and training programs; 

(4) agency self-inspection programs; and 

(5) classification and declassification guides. 

(b) The Archivist shall delegate the implementation and monitoring fu

this program to the Director of the Information Security Oversight Of

SEC. 5.2. INFORMATION SECURITY OVERSIGHT OFFICE.

(a) There is established within the National Archives an Information S

Oversight Office. The Archivist shall appoint the Director of the Infor

Security Oversight Office, subject to the approval of the President. 

(b) Under the direction of the Archivist, acting in consultation with th

to the President for National Security Affairs, the Director of the Infor

Security Oversight Office shall: 

(1) develop directives for the implementation of this order; 

(2) oversee agency actions to ensure compliance with this ord

implementing directives; 

(3) review and approve agency implementing regulations and 

guides for systematic declassification review prior to their issu

the agency; 

(4) have the authority to conduct on-site reviews of each agen

program established under this order, and to require of each a

reports, information, and other cooperation that may be neces

fulfill its responsibilities. If granting access to specific catego

classified information would pose an exceptional national sec

the affected agency head or the senior agency official shall su

written justification recommending the denial of access to the 

through the Assistant to the President for National Security A

within 60 days of the request for access. Access shall be denie

the response; 
575

the program established under this order; 

(7) have the authority to prescribe, after consultation with affe

agencies, standardization of forms or procedures that will pro

implementation of the program established under this order; 

(8) report at least annually to the President on the implementa

order; and 

(9) convene and chair interagency meetings to discuss matters 

to the program established by this order. 

SEC. 5.3. INTERAGENCY SECURITY CLASSIFICATION APPEALS PANEL.

(a) ESTABLISHMENT AND ADMINISTRATION.

(1) There is established an Interagency Security Classification 

Panel. The Departments of State, Defense, and Justice, the Ce

Intelligence Agency, the National Archives, and the Assistant 

President for National Security Affairs shall each be represen

senior-level representative who is a full-time or permanent pa

Federal officer or employee designated to serve as a member 

by the respective agency head. The President shall select the C

Panel from among the Panel members. 

(2) A vacancy on the Panel shall be filled as quickly as possib

provided in paragraph (a)(1) of this section. 

(3) The Director of the Information Security Oversight Office 

as the Executive Secretary. The staff of the Information Secur

Oversight Office shall provide program and administrative su

the Panel. 

(4) The members and staff of the Panel shall be required to m

eligibility for access standards in order to fulfill the Panel’s fu

(5) The Panel shall meet at the call of the Chair. The Chair sh

meetings as may be necessary for the Panel to fulfill its functi

timely manner. 

(6) The Information Security Oversight Office shall include in 

to the President a summary of the Panel’s activities. 

(b) FUNCTIONS. The Panel shall: 

(1) decide on appeals by persons who have filed classification 

under section 1.8 of this order; 
576

procedures that the Panel will follow in accepting, considering, and is

decisions on appeals. The rules and procedures of the Panel shall prov

Panel will consider appeals only on actions in which: 

(1) the appellant has exhausted his or her administrative reme

the responsible agency; 

(2) there is no current action pending on the issue within the F

courts; and 

(3) the information has not been the subject of review by the F

courts or the Panel within the past 2 years. 

(d) Agency heads shall cooperate fully with the Panel so that it can fu

functions in a timely and fully informed manner. An agency head may 

decision of the Panel to the President through the Assistant to the Pres

National Security Affairs. The Panel shall report to the President throu

Assistant to the President for National Security Affairs any instance in 

believes that an agency head is not cooperating fully with the Panel. 

(e) The Panel is established for the sole purpose of advising and assist

President in the discharge of his constitutional and discretionary autho

protect the national security of the United States. Panel decisions are c

to the discretion of the Panel, unless changed by the President. 

(f) Notwithstanding paragraphs (a) through (e) of this section, whenev

Panel reaches a conclusion that information owned or controlled by th

of Central Intelligence (Director) should be declassified, and the Direc

the Panel that he objects to its conclusion because he has determined t

information could reasonably be expected to cause damage to the nati

security and to reveal 

(1) the identity of a human intelligence source, or 

(2) information about the application of an intelligence source 

(including any information that concerns, or is provided as a r

relationship with a cooperating intelligence element of a forei

government), 

the information shall remain classified unless the Director’s determina

appealed to the President, and the President reverses the determination

SEC. 5.4. GENERAL RESPONSIBILITIES. Heads of agencies that origina

classified information shall: 
577

under the terms of this order when it no longer meets the standards for 

classification; and 

(d) designate a senior agency official to direct and administer the prog

responsibilities shall include: 

(1) overseeing the agency’s program established under this or

provided, an agency head may designate a separate official to 

special access programs authorized under this order. This offi

provide a full accounting of the agency’s special access progr

annually; 

(2) promulgating implementing regulations, which shall be pu

the Federal Register to the extent that they affect members of 

(3) establishing and maintaining security education and trainin

programs; 

(4) establishing and maintaining an ongoing self-inspection p

which shall include the periodic review and assessment of the 

classified product; 

(5) establishing procedures to prevent unnecessary access to c

information, including procedures that: 

(A) require that a need for access to classified inform

established before initiating administrative clearance 

and

(B) ensure that the number of persons granted access 

classified information is limited to the minimum cons

operational and security requirements and needs; 

(6) developing special contingency plans for the safeguarding 

classified information used in or near hostile or potentially ho

(7) ensuring that the performance contract or other system use

civilian or military personnel performance includes the manag

classified information as a critical element or item to be evalu

rating of: 

(A) original classification authorities; 

(B) security managers or security specialists; and 

(C) all other personnel whose duties significantly inv

creation or handling of classified information; 
578

component of the agency that no longer exists and for which t

clear successor in function. 

SEC. 5.5. SANCTIONS.

(a) If the Director of the Information Security Oversight Office finds t

violation of this order or its implementing directives has occurred, the 

shall make a report to the head of the agency or to the senior agency o

that corrective steps, if appropriate, may be taken. 

(b) Officers and employees of the United States Government, and its c

licensees, certificate holders, and grantees shall be subject to appropri

sanctions if they knowingly, willfully, or negligently: 

(1) disclose to unauthorized persons information properly clas

under this order or predecessor orders; 

(2) classify or continue the classification of information in vio

this order or any implementing directive; 

(3) create or continue a special access program contrary to the 

requirements of this order; or 

(4) contravene any other provision of this order or its implem

directives.

(c) Sanctions may include reprimand, suspension without pay, remova

termination of classification authority, loss or denial of access to class

information, or other sanctions in accordance with applicable law and 

regulation.

(d) The agency head, senior agency official, or other supervisory offic

a minimum, promptly remove the classification authority of any indiv

demonstrates reckless disregard or a pattern of error in applying the cl

standards of this order. 

(e) The agency head or senior agency official shall: 

(1) take appropriate and prompt corrective action when a viol

infraction under paragraph (b) of this section occurs; and 

(2) notify the Director of the Information Security Oversight O

a violation under paragraph (b)(1), (2), or (3) of this section o
579

Military department as defined in 5 U.S.C. §102; and any other enti

the executive branch that comes into the possession of classified infor

(c) “Automated information system” means an assembly of computer 

software, or firmware configured to collect, create, communicate, com

disseminate, process, store, or control data or information. 

(d) “Automatic declassification” means the declassification of inform

solely upon: 

(1) the occurrence of a specific date or event as determined by 

original classification authority; or 

(2) the expiration of a maximum time frame for duration of cl

established under this order. 

(e) “Classification” means the act or process by which information is 

to be classified information. 

(f) “Classification guidance” means any instruction or source that pres

classification of specific information. 

(g) “Classification guide” means a documentary form of classification 

issued by an original classification authority that identifies the elemen

information regarding a specific subject that must be classified and es

the level and duration of classification for each such element. 

(h) “Classified national security information” or “classified informatio

information that has been determined pursuant to this order or any pre

order to require protection against unauthorized disclosure and is mark

indicate its classified status when in documentary form. 

(i) “Confidential source” means any individual or organization that ha

or that may reasonably be expected to provide, information to the Uni

on matters pertaining to the national security with the expectation that 

information or relationship, or both, are to be held in confidence. 

(j) “Damage to the national security” means harm to the national defe

foreign relations of the United States from the unauthorized disclosure 

information, taking into consideration such aspects of the information 

sensitivity, value, utility, and provenance of that information. 

(k) “Declassification” means the authorized change in the status of inf

from classified information to unclassified information. 

(l) “Declassification authority” means: 

(1) the official who authorized the original classification, if th

is still serving in the same position; 
580

specific subject that may be declassified and the elements that must re

classified. 

(n) “Derivative classification” means the incorporating, paraphrasing, 

or generating in new form information that is already classified, and m

newly developed material consistent with the classification markings 

to the source information. Derivative classification includes the classi

information based on classification guidance. The duplication or repro

existing classified information is not derivative classification. 

(o) “Document” means any recorded information, regardless of the na

medium or the method or circumstances of recording. 

(p) “Downgrading” means a determination by a declassification autho

information classified and safeguarded at a specified level shall be cla

safeguarded at a lower level. 

(q) “File series” means file units or documents arranged according to 

system or kept together because they relate to a particular subject or fu

result from the same activity, document a specific kind of transaction, 

particular physical form, or have some other relationship arising out o

creation, receipt, or use, such as restrictions on access or use. 

(r) “Foreign government information” means: 

(1) information provided to the United States Government by 

government or governments, an international organization of 

governments, or any element thereof, with the expectation tha

information, the source of the information, or both, are to be h

confidence;

(2) information produced by the United States Government pu

or as a result of a joint arrangement with a foreign governmen

governments, or an international organization of governments

element thereof, requiring that the information, the arrangeme

are to be held in confidence; or 

(3) information received and treated as “foreign government 

information” under the terms of a predecessor order. 

(s) “Information” means any knowledge that can be communicated or 

documentary material, regardless of its physical form or characteristic

owned by, produced by or for, or is under the control of the United St

Government. “Control” means the authority of the agency that origina

information, or its successor in function, to regulate access to the info
581

covering either a specific topic or a range of time such as presidential 

administration or a 5-year retirement schedule within a specific file se

retired from active use as a group. 

(v) “Integrity” means the state that exists when information is unchan

source and has not been accidentally or intentionally modified, altered

destroyed. 

(w) “Mandatory declassification review” means the review for declas

classified information in response to a request for declassification that 

requirements under section 3.5 of this order. 

(x) “Multiple sources” means two or more source documents, classific

guides, or a combination of both. 

(y) “National security” means the national defense or foreign relations 

United States. 

(z) “Need-to-know” means a determination made by an authorized ho

classified information that a prospective recipient requires access to sp

classified information in order to perform or assist in a lawful and aut

governmental function. 

(aa) “Network” means a system of two or more computers that can ex

or information. 

(bb) “Original classification” means an initial determination that infor

requires, in the interest of the national security, protection against una

disclosure.

(cc) “Original classification authority” means an individual authorized 

either by the President, the Vice President in the performance of execu

or by agency heads or other officials designated by the President, to c

information in the first instance. 

(dd) “Records” means the records of an agency and Presidential paper

Presidential records, as those terms are defined in title 44, United Stat

including those created or maintained by a government contractor, lic

certificate holder, or grantee that are subject to the sponsoring agency

under the terms of the contract, license, certificate, or grant. 

(ee) “Records having permanent historical value” means Presidential 

Presidential records and the records of an agency that the Archivist ha

determined should be maintained permanently in accordance with title 

States Code. 
582

(gg) Safeguarding means measures and controls that are prescribed 

classified information. 

(hh) “Self-inspection” means the internal review and evaluation of ind

agency activities and the agency as a whole with respect to the implem

the program established under this order and its implementing directiv

(ii) “Senior agency official” means the official designated by the agen

under section 5.4(d) of this order to direct and administer the agency’

under which information is classified, safeguarded, and declassified. 

(jj) “Source document” means an existing document that contains clas

information that is incorporated, paraphrased, restated, or generated in 

into a new document. 

(kk) “Special access program” means a program established for a spec

of classified information that imposes safeguarding and access require

exceed those normally required for information at the same classificat

(ll) “Systematic declassification review” means the review for declass

classified information contained in records that have been determined 

Archivist to have permanent historical value in accordance with title 4

States Code. 

(mm) “Telecommunications” means the preparation, transmission, or 

communication of information by electronic means. 

(nn) “Unauthorized disclosure” means a communication or physical tr

classified information to an unauthorized recipient. 

(oo) “Violation” means: 

(1) any knowing, willful, or negligent action that could reason

expected to result in an unauthorized disclosure of classified i

(2) any knowing, willful, or negligent action to classify or con

classification of information contrary to the requirements of th

its implementing directives; or 

(3) any knowing, willful, or negligent action to create or conti

special access program contrary to the requirements of this or

(pp) “Weapons of mass destruction” means chemical, biologi

radiological, and nuclear weapons. 

SEC. 6.2. GENERAL PROVISIONS.

(a) Nothing in this order shall supersede any requirement made by or 

Atomic Energy Act of 1954, as amended, or the National Security Ac
583

order with respect to any question arising in the course of its administ

(c) Nothing in this order limits the protection afforded any informatio

provisions of law, including the Constitution, Freedom of Information 

exemptions, the Privacy Act of 1974, and the National Security Act o

amended. This order is not intended to and does not create any right o

substantive or procedural, enforceable at law by a party against the Un

its departments, agencies, officers, employees, or agents. The foregoin

addition to the specific provisos set forth in sections 3.1(b) and 5.3(e) 

order.

(d) Executive Order 12356 of April 6, 1982, was revoked as of Octob

SEC. 6.3. EFFECTIVE DATE. This order is effective immediately, excep

section 1.6, which shall become effective 180 days from the date of th

-/S/-William J. Clinton 

THE WHITE HOUSE, 

April 17, 1995. 
584
585

through a system of classification in order to protect our citizens, our dem

institutions, and our participation within the community of nations. The u

disclosure of information classified in the national interest can cause irrep

damage to the national security and loss of human life. 

Security policies designed to protect classified information must ensure c

cost effective, and efficient protection of our Nation’s classified informat

providing fair and equitable treatment to those Americans upon whom w

guard our national security. 

This order establishes a uniform Federal personnel security program for e

who will be considered for initial or continued access to classified inform

NOW, THEREFORE, by the authority vested in me as President by the Con

the laws of the United States of America, it is hereby ordered as follows: 

PART 1—DEFINITIONS, ACCESS TO CLASSIFIED INFORM

FINANCIAL DISCLOSURE, AND OTHER ITEMS 

SECTION 1.1. DEFINITIONS. For the purposes of this order: 

(a) “Agency” means any “Executive agency,” as defined in 5 U.S.C. §10

“military departments,” as defined in 5 U.S.C. §102, and any other entity 

executive branch that comes into the possession of classified information

the Defense Intelligence Agency, National Security Agency, and the Nati

Reconnaissance Office. 

(b) “Applicant” means a person other than an employee who has received 

authorized conditional offer of employment for a position that requires ac

classified information. 

(c) “Authorized investigative agency” means an agency authorized by law 

regulation to conduct a counterintelligence investigation or investigation 

who are proposed for access to classified information to ascertain whethe

persons satisfy the criteria for obtaining and retaining access to such info

(d) “Classified information” means information that has been determined 

Executive Order No. 12958, or any successor order, Executive Order No

any successor order, or the Atomic Energy Act of 1954 (42 U.S.C. §2011

protection against unauthorized disclosure. 

(e) “Employee” means a person, other than the President and Vice Presid

employed by, detailed or assigned to, an agency, including members of th
586

(g) Need for access means a determination that an employee requires a

particular level of classified information in order to perform or assist in a 

authorized governmental function. 

(h) “Need-to-know” means a determination made by an authorized holde

classified information that a prospective recipient requires access to spec

classified information in order to perform or assist in a lawful and author

governmental function. 

(i) “Overseas Security Policy Board” means the Board established by the 

consider, develop, coordinate and promote policies, standards and agreem

overseas security operations, programs and projects that affect all United 

Government agencies under the authority of a Chief of Mission. 

(j) “Security Policy Board” means the Board established by the President 

coordinate, and recommend policy directives for U.S. security policies, p

and practices. 

(k) “Special access program” has the meaning provided in section 4.1 of 

Order No. 12958, or any successor order. 

SEC. 1.2. ACCESS TO CLASSIFIED INFORMATION.

(a) No employee shall be granted access to classified information unless t

employee has been determined to be eligible in accordance with this orde

possess a need-to-know. 

(b) Agency heads shall be responsible for establishing and maintaining an 

program to ensure that access to classified information by each employee 

consistent with the interests of the national security. 

(c) Employees shall not be granted access to classified information unles

(1) have been determined to be eligible for access under section 

order by agency heads or designated officials based upon a favor

adjudication of an appropriate investigation of the employee’s ba

(2) have a demonstrated need-to-know; and 

(3) have signed an approved nondisclosure agreement. 

(d) All employees shall be subject to investigation by an appropriate gove

authority prior to being granted access to classified information and at an

during the period of access to ascertain whether they continue to meet the 

requirements for access. 

(e)(1) All employees granted access to classified information shall be req

condition of such access to provide to the employing agency written cons

permitting access by an authorized investigative agency, for such time as 

classified information is maintained and for a period of 3 years thereafter
587

(C) records maintained by commercial entities within th

States pertaining to any travel by the employee outside t

States.

(2) Information may be requested pursuant to employee consent 

section where: 

(A) there are reasonable grounds to believe, based on cr

information, that the employee or former employee is, o

disclosing classified information in an unauthorized man

foreign power or agent of a foreign power; 

(B) information the employing agency deems credible in

employee or former employee has incurred excessive in

or has acquired a level of affluence that cannot be expla

other information; or 

(C) circumstances indicate the employee or former emp

the capability and opportunity to disclose classified info

is known to have been lost or compromised to a foreign 

agent of a foreign power. 

(3) Nothing in this section shall be construed to affect the author

investigating agency to obtain information pursuant to the Right 

Privacy Act, the Fair Credit Reporting Act or any other applicab

SEC. 1.3. FINANCIAL DISCLOSURE.

(a) Not later than 180 days after the effective date of this order, the head 

agency that originates, handles, transmits, or possesses classified informa

designate each employee, by position or category where possible, who ha

need for access to classified information that, in the discretion of the agen

would reveal: 

(1) the identity of covert agents as defined in the Intelligence Ide

Protection Act of 1982 (50 U.S.C. §421); 

(2) technical or specialized national intelligence collection and p

systems that, if disclosed in an unauthorized manner, would subs

negate or impair the effectiveness of the system; 

(3) the details of: 

(A) the nature, contents, algorithm, preparation, or use o

cipher, or cryptographic system or; 

(B) the design, construction, functioning, maintenance, 

any cryptographic equipment; but not including informa

concerning the use of cryptographic equipment and serv
588

Energy Act of 1954, as amended). 

(b) An employee may not be granted access, or hold a position designated 

requiring access, to information described in subsection (a) unless, as a c

access to such information, the employee: 

(1) files with the head of the agency a financial disclosure report

information with respect to the spouse and dependent children of 

employee, as part of all background investigations or reinvestiga

(2) is subject to annual financial disclosure requirements, if selec

agency head; and 

(3) files relevant information concerning foreign travel, as determ

Security Policy Board. 

(c) Not later than 180 days after the effective date of this order, the Secur

Board shall develop procedures for the implementation of this section, in

standard financial disclosure form for use by employees under subsection 

section, and agency heads shall identify certain employees, by position or 

who are subject to annual financial disclosure. 

SEC. 1.4. USE OF AUTOMATED FINANCIAL RECORD DATA BASES. As part 

investigations and reinvestigations described in section 1.2(d) of this orde

may request the Department of the Treasury, under terms and conditions 

by the Secretary of the Treasury, to search automated data bases consistin

of currency transactions by financial institutions, international transportat

currency or monetary instruments, foreign bank and financial accounts, tr

under $10,000 that are reported as possible money laundering violations, 

of foreign travel. 

SEC. 1.5. EMPLOYEE EDUCATION AND ASSISTANCE. The head of each age

grants access to classified information shall establish a program for empl

access to classified information to: 

(a) educate employees about individual responsibilities under this order; 

(b) inform employees about guidance and assistance available concerning 

may affect their eligibility for access to classified information, including 

assistance for employees who have questions or concerns about financial 

mental health, or substance abuse. 
589

the government or any other personnel actions. 

(b) The number of employees that each agency determines are eligible fo

classified information shall be kept to the minimum required for the cond

agency functions. 

(1) Eligibility for access to classified information shall not be req

granted solely to permit entry to, or ease of movement within, co

areas when the employee has no need for access and access to cl

information may reasonably be prevented. Where circumstances 

employees may be inadvertently exposed to classified informatio

course of their duties, agencies are authorized to grant or deny, in 

discretion, facility access approvals to such employees based on 

appropriate level of investigation as determined by each agency. 

(2) Except in agencies where eligibility for access is a mandatory 

of employment, eligibility for access to classified information sh

requested or granted based on a demonstrated, foreseeable need 

Requesting or approving eligibility in excess of actual requireme

prohibited. 

(3) Eligibility for access to classified information may be granted 

there is a temporary need for access, such as one-time participati

classified project, provided the investigative standards establishe

order have been satisfied. In such cases, a fixed date or event for 

shall be identified and access to classified information shall be li

information related to the particular project or assignment. 

(4) Access to classified information shall be terminated when an 

no longer has a need for access. 

SEC. 2.2. LEVEL OF ACCESS APPROVAL.

(a) The level at which an access approval is granted for an employee shal

and relate directly, to the level of classified information for which there i

access. Eligibility for access to a higher level of classified information in

eligibility for access to information classified at a lower level. 

(b) Access to classified information relating to a special access program s

granted in accordance with procedures established by the head of the age

created the program or, for programs pertaining to intelligence activities 

special activities but not including military operational, strategic, and tac

programs) or intelligence sources and methods, by the Director of Centra

Intelligence. To the extent possible and consistent with the national secur
590

granted temporary access to a higher level where security personnel autho

the agency head to make access eligibility determinations find that such a

(1) is necessary to meet operational or contractual exigencies no

be of a recurring nature; 

(2) will not exceed 180 days; and 

(3) is limited to specific, identifiable information that is made th

a written access record. 

(b) Where the access granted under subsection (a) of this section involves 

agency’s classified information, that agency must concur before access to 

information is granted. 

SEC. 2.4. RECIPROCAL ACCEPTANCE OF ACCESS ELIGIBILITY DETERMINA

(a) Except when an agency has substantial information indicating that an 

may not satisfy the standards in section 3.1 of this order, background inv

and eligibility determinations conducted under this order shall be mutuall

reciprocally accepted by all agencies. 

(b) Except where there is substantial information indicating that the empl

not satisfy the standards in section 3.1 of this order, an employee with ex

to a special access program shall not be denied eligibility for access to an

special access program at the same sensitivity level as determined person

agency head or deputy agency head, or have an existing access eligibility 

readjudicated, so long as the employee has a need for access to the inform

involved. 

(c) This section shall not preclude agency heads from establishing additio

duplicative, investigative or adjudicative procedures for a special access p

for candidates for detail or assignment to their agencies, where such proc

required in exceptional circumstances to protect the national security. 

(d) Where temporary eligibility for access is granted under sections 2.3 o

order or where the determination of eligibility for access is conditional, th

such temporary or conditional access shall be conveyed to any other agen

considers affording the employee access to its information. 

SEC. 2.5. SPECIFIC ACCESS REQUIREMENT.

(a) Employees who have been determined to be eligible for access to clas

information shall be given access to classified information only where th

need-to-know that information. 

(b) It is the responsibility of employees who are authorized holders of cla

information to verify that a prospective recipient’s eligibility for access h
591

immigrant alien and foreign national employees who possess a special ex

in the discretion of the agency, be granted limited access to classified info

only for specific programs, projects, contracts, licenses, certificates, or gr

which there is a need for access. Such individuals shall not be eligible for 

any greater level of classified information than the United States Governm

determined may be releasable to the country of which the subject is curre

citizen, and such limited access may be approved only if the prior 10 yea

subject’s life can be appropriately investigated. If there are any doubts co

granting access, additional lawful investigative procedures shall be fully 

(b) Exceptions to these requirements may be permitted only by the agenc

the senior agency official designated under section 6.1 of this order to fur

substantial national security interests. 

PART 3—ACCESS ELIGIBILITY STANDARDS 

SEC. 3.1. STANDARDS.

(a) No employee shall be deemed to be eligible for access to classified in

merely by reason of Federal service or contracting, licensee, certificate h

grantee status, or as a matter of right or privilege, or as a result of any par

rank, position, or affiliation. 

(b) Except as provided in sections 2.6 and 3.3 of this order, eligibility for 

classified information shall be granted only to employees who are United 

citizens for whom an appropriate investigation has been completed and w

personal and professional history affirmatively indicates loyalty to the Un

strength of character, trustworthiness, honesty, reliability, discretion, and 

judgment, as well as freedom from conflicting allegiances and potential f

and willingness and ability to abide by regulations governing the use, han

protection of classified information. A determination of eligibility for acc

information is a discretionary security decision based on judgments by ap

trained adjudicative personnel. Eligibility shall be granted only where fac

circumstances indicate access to classified information is clearly consiste

national security interests of the United States, and any doubt shall be res

favor of the national security. 

(c) The United States Government does not discriminate on the basis of r

religion, sex, national origin, disability, or sexual orientation in granting 

classified information. 

(d) In determining eligibility for access under this order, agencies may in

and consider any matter that relates to the determination of whether acces
592

relevant to the adjudication of access to classified information, may justif

inquiry to determine whether the standards of subsection (b) of this sectio

satisfied, and mental health may be considered where it directly relates to 

standards.

(f) Not later than 180 days after the effective date of this order, the Secur

Board shall develop a common set of adjudicative guidelines for determin

eligibility for access to classified information, including access to special 

programs. 

SEC. 3.2. BASIS FOR ELIGIBILITY APPROVAL.

(a) Eligibility determinations for access to classified information shall be 

information concerning the applicant or employee that is acquired throug

investigation conducted pursuant to this order or otherwise available to se

officials and shall be made part of the applicant’s or employee’s security 

Applicants or employees shall be required to provide relevant information 

to their background and character for use in investigating and adjudicatin

eligibility for access. 

(b) Not later than 180 days after the effective date of this order, the Secur

Board shall develop a common set of investigative standards for backgro

investigations for access to classified information. These standards may v

various levels of access. 

(c) Nothing in this order shall prohibit an agency from utilizing any lawfu

investigative procedure in addition to the investigative requirements set f

order and its implementing regulations to resolve issues that may arise du

course of a background investigation or reinvestigation. 

SEC. 3.3. SPECIAL CIRCUMSTANCES.

(a) In exceptional circumstances where official functions must be perform

the completion of the investigative and adjudication process, temporary e

access to classified information may be granted to an employee while the 

investigation is underway. When such eligibility is granted, the initial inv

shall be expedited. 

(1) Temporary eligibility for access under this section shall inclu

justification, and the employee must be notified in writing that fu

is expressly conditioned on the favorable completion of the inve

issuance of an access eligibility approval. Access will be immed

terminated, along with any assignment requiring an access eligib

approval, if such approval is not granted. 
593

identified categories of classified information necessary to perfo

lawful and authorized functions that are the basis for the granting 

temporary access. 

(b) Nothing in subsection (a) shall be construed as altering the authority o

head to waive requirements for granting access to classified information p

statutory authority. 

(c) Where access has been terminated under section 2.1(b)(4) of this orde

need for access arises, access eligibility up to the same level shall be reap

without further investigation as to employees who were determined to be 

based on a favorable adjudication of an investigation completed within th

years, provided they have remained employed by the same employer duri

period in question, the employee certifies in writing that there has been n

the relevant information provided by the employee for the last backgroun

investigation, and there is no information that would tend to indicate the 

may no longer satisfy the standards established by this order for access to 

information. 

(d) Access eligibility shall be reapproved for individuals who were determ

eligible based on a favorable adjudication of an investigation completed w

prior 5 years and who have been retired or otherwise separated from Unit

Government employment for not more than 2 years; provided there is no 

the individual may no longer satisfy the standards of this order, the indivi

certifies in writing that there has been no change in the relevant informati

by the individual for the last background investigation, and an appropriat

check reveals no unfavorable information. 

SEC. 3.4. REINVESTIGATION REQUIREMENTS.

(a) Because circumstances and characteristics may change dramatically o

and thereby alter the eligibility of employees for continued access to clas

information, reinvestigations shall be conducted with the same priority an

initial investigations. 

(b) Employees who are eligible for access to classified information shall 

subject of periodic reinvestigations and may also be reinvestigated if, at a

there is reason to believe that they may no longer meet the standards for a

established in this order. 

(c) Not later than 180 days after the effective date of this order, the Secur

Board shall develop a common set of reinvestigative standards, including 

frequency of reinvestigations. 
594

as part of its own personnel security program and with the consent of the 

PART 5—REVIEW OF ACCESS DETERMINATIONS 

SEC. 5.1. DETERMINATIONS OF NEED FOR ACCESS.

A determination under section 2.1(b)(4) of this order that an employee do

or no longer has, a need for access is a discretionary determination and sh

conclusive. 

SEC. 5.2. Review Proceedings for Denials or Revocations of Eligibility fo

(a) Applicants and employees who are determined to not meet the standar

access to classified information established in section 3.1 of this order sh

(1) provided as comprehensive and detailed a written explanation 

basis for that conclusion as the national security interests of the U

States and other applicable law permit; 

(2) provided within 30 days, upon request and to the extent the d

would be provided if requested under the Freedom of Informatio

U.S.C. §552) or the Privacy Act (3 U.S.C. §552a), as applicable, 

documents, records, and reports upon which a denial or revocatio

(3) informed of their right to be represented by counsel or other 

representative at their own expense; to request any documents, re

reports as described in section 5.2(a)(2) upon which a denial or r

based; and to request the entire investigative file, as permitted by 

national security and other applicable law, which, if requested, s

promptly provided prior to the time set for a written reply; 

(4) provided a reasonable opportunity to reply in writing to, and 

review of, the determination; 

(5) provided written notice of and reasons for the results of the re

identity of the deciding authority, and written notice of the right 

(6) provided an opportunity to appeal in writing to a high level p

appointed by the agency head, which shall be comprised of at lea

members, two of whom shall be selected from outside the securi

Decisions of the panel shall be in writing, and final except as pro

in subsection (b) of this section; and 

(7) provided an opportunity to appear personally and to present r

documents, materials, and information at some point in the proce
595

the appeal authority in subsection (a)(6) of this section based upon recom

from an appeals panel. In such case, the decision of the agency head shal

(c) Agency heads shall promulgate regulations to implement this section 

sole discretion and as resources and national security considerations perm

provide additional review proceedings beyond those required by subsecti

this section. This section does not require additional proceedings, howeve

creates no procedural or substantive rights. 

(d) When the head of an agency or principal deputy personally certifies th

procedure set forth in this section cannot be made available in a particula

without damaging the national security interests of the United States by r

classified information, the particular procedure shall not be made availab

certification shall be conclusive. 

(e) This section shall not be deemed to limit or affect the responsibility an

an agency head pursuant to any law or other Executive order to deny or t

access to classified information in the interests of national security. The p

responsibility to deny or terminate access to classified information pursua

law or other Executive order may be exercised only where the agency hea

determines that the procedures prescribed in subsection (a) of this section 

invoked in a manner that is consistent with national security. This determ

be conclusive. 

(f)(1) This section shall not be deemed to limit or affect the responsibility 

of an agency head to make determinations of suitability for employment. 

(2) Nothing in this section shall require that an agency provide th

procedures prescribed in subsection (a) of this section to an appl

a conditional offer of employment is withdrawn for reasons of su

any other reason other than denial of eligibility for access to clas

information. 

(3) A suitability determination shall not be used for the purpose 

an applicant or employee the review proceedings of this section 

has been a denial or revocation of eligibility for access to classif

information. 

PART 6—IMPLEMENTATION 

SEC. 6.1. AGENCY IMPLEMENTING RESPONSIBILITIES. Heads of agencies 

employees access to classified information shall: 

(a) designate a senior agency official to direct and administer the agency’

security program established by this order. All such programs shall includ
596

of this order, including the implementation of section 1.3(a) of this order

each report shall be provided to the Security Policy Board. 

SEC. 6.2. EMPLOYEE RESPONSIBILITIES.

(a) Employees who are granted eligibility for access to classified informa

(1) protect classified information in their custody from unauthori

disclosure;

(2) report all contacts with persons, including foreign nationals, w

any way to obtain unauthorized access to classified information; 

(3) report all violations of security regulations to the appropriate 

officials; and 

(4) comply with all other security requirements set forth in this o

implementing regulations. 

(b) Employees are encouraged and expected to report any information tha

doubts as to whether another employee’s continued eligibility for access 

information is clearly consistent with the national security. 

SEC. 6.3. SECURITY POLICY BOARD RESPONSIBILITIES AND IMPLEMENTA

(a) With respect to actions taken by the Security Policy Board pursuant to 

1.3(c), 3.1(f), 3.2(b), 3.3(a)(2), and 3.4(c) of this order, the Security Polic

shall make recommendations to the President through the Assistant to the 

for National Security Affairs for implementation. 

(b) Any guidelines, standards, or procedures developed by the Security P

pursuant to this order shall be consistent with those guidelines issued by t

Bureau of Investigation in March 1994 on Background Investigations 

Policy/Guidelines Regarding Sexual Orientation. 

(c) In carrying out its responsibilities under this order, the Security Policy 

shall consult where appropriate with the Overseas Security Policy Board. 

out its responsibilities under section 1.3(c) of this order, the Security Poli

shall obtain the concurrence of the Director of the Office of Management 

Budget. 

SEC. 6.4. SANCTIONS. Employees shall be subject to appropriate sanction

knowingly and willfully grant eligibility for, or allow access to, classified 

information in violation of this order or its implementing regulations. San

include reprimand, suspension without pay, removal, and other actions in 

with applicable law and agency regulations. 
597

SEC. 7.2. GENERAL.

(a) Information obtained by an agency under sections 1.2(e) or 1.3 of this 

not be disseminated outside the agency, except to: 

(1) the agency employing the employee who is the subject of the 

information; 

(2) the Department of Justice for law enforcement or counterinte

purposes; or 

(3) any agency if such information is clearly relevant to the auth

responsibilities of such agency. 

(b) The Attorney General, at the request of the head of an agency, shall re

interpretation of this order with respect to any question arising in the cou

administration. 

(c) No prior Executive orders are repealed by this order. To the extent tha

is inconsistent with any provision of any prior Executive order, this order 

control, except that this order shall not diminish or otherwise affect the re

of Executive Order No. 10450, the denial and revocation procedures prov

individuals covered by Executive Order No. 10865, as amended, or acces

historical researchers and former presidential appointees under Executive 

12958 or any successor order. 

(d) If any provision of this order or the application of such provision is he

invalid, the remainder of this order shall not be affected. 

(e) This Executive order is intended only to improve the internal manage

executive branch and is not intended to, and does not, create any right to 

administrative or judicial review, or any other right or benefit or trust resp

substantive or procedural, enforceable by a party against the United State

agencies or instrumentalities, its officers or employees, or any other perso

(f) This order is effective immediately. 

-/S/-William J. Clinton 

THE WHITE HOUSE, 

August 2, 1995. 
598
599

United States of America, including section 103(c)(8) of the National 

Act of 1947, as amended (Act), and to protect the security of the Unit

through strengthened intelligence analysis and strategic planning and 

support to operations to counter transnational terrorist threats against 

territory, people, and interests of the United States of America, it is he

ordered as follows: 

SECTION 1. POLICY.

(a) To the maximum extent consistent with applicable law, agencies s

the highest priority to 

(1) the detection, prevention, disruption, preemption, and miti

the effects of transnational terrorist activities against the territ

and interests of the United States of America, 

(2) the interchange of terrorism information among agencies, 

(3) the interchange of terrorism information between agencies 

appropriate authorities of States and local governments, and 

(4) the protection of the ability of agencies to acquire addition

information. 

(b) Agencies shall protect the freedom, information privacy, and other 

rights of Americans in the conduct of activities implementing section 

order.

SEC. 2. ESTABLISHMENT OF NATIONAL COUNTERTERRORISM CENTER

(a) There is hereby established a National Counterterrorism Center (C

(b) A Director of the Center shall supervise the Center. 

(c) The Director of the Center shall be appointed by the Director of C

Intelligence with the approval of the President. 

(d) The Director of Central Intelligence shall have authority, direction

control over the Center and the Director of the Center. 

SEC. 3. FUNCTIONS OF THE CENTER. The Center shall have the follow

functions:

(a) serve as the primary organization in the United States Government 

analyzing and integrating all intelligence possessed or acquired by the 

States Government pertaining to terrorism and counterterrorism, exce

domestic counterterrorism information. The Center may, consistent w
600

integrating all instruments of national power, including diplomatic, fin

military, intelligence, homeland security, and law enforcement activit

and among agencies; 

(c) assign operational responsibilities to lead agencies for counterterro

activities that are consistent with applicable law and that support strat

to counter terrorism. The Center shall ensure that agencies have acces

receive intelligence needed to accomplish their assigned activities. Th

shall not direct the execution of operations. Agencies shall inform the 

Security Council and the Homeland Security Council of any objection

designations and assignments made by the Center in the planning and 

coordination of counterterrorism activities; 

(d) serve as the central and shared knowledge bank on known and sus

terrorists and international terror groups, as well as their goals, strateg

capabilities, and networks of contacts and support; and 

(e) ensure that agencies, as appropriate, have access to and receive all

intelligence support needed to execute their counterterrorism plans or 

independent, alternative analysis. 

SEC. 4. DUTIES OF THE DIRECTOR OF CENTRAL INTELLIGENCE. The D

Central Intelligence shall: 

(a) exercise the authority available by law to the Director of Central In

to implement this order, including, as appropriate, the authority set fo

section 102(e)(2)(H) of the Act; 

(b) report to the President on the implementation of this order, within 

after the date of this order and thereafter not less often than annually, 

an assessment by the Director of Central Intelligence of: 

(1) the effectiveness of the United States in implementing the 

forth in section 1 of this order, to the extent execution of that 

within the responsibilities of the Director of Central Intelligen

(2) the effectiveness of the Center in the implementation of th

forth in section 1 of this order, to the extent execution of that 

within the responsibilities of the Director of Central Intelligen

(3) the cooperation of the heads of agencies in the implementa

order; and 

(c) ensure the performance of all-source intelligence analysis that, am

qualities, routinely considers and presents alternative analytical views 
601

Center shall: 

(a) access, as deemed necessary by the Director of the Center for the p

of the Center’s functions, information to which the Director of the Ce

granted access by section 6 of this order; 

(b) correlate, analyze, evaluate, integrate, and produce reports on terro

information; 

(c) disseminate transnational terrorism information, including current 

threat analysis, to the President, the Vice President in the performance 

Executive functions, the Secretaries of State, Defense, and Homeland 

the Attorney General, the Director of Central Intelligence, and other o

the executive branch as appropriate; 

(d) support the Department of Homeland Security, and the Departmen

and other appropriate agencies, in fulfillment of their responsibility to 

disseminate terrorism information, consistent with applicable law, Ex

Orders and other Presidential guidance, to State and local government 

and other entities, and coordinate dissemination of terrorism informat

foreign governments when approved by the Director of Central Intelli

(e) establish both within the Center, and between the Center and agen

information systems and architectures for the effective access to and i

dissemination, and use of terrorism information from whatever source

(f) undertake, as soon as the Director of Central Intelligence determin

practicable, all functions assigned to the Terrorist Threat Integration C

(g) consistent with priorities approved by the President, assist the Dire

Central Intelligence in establishing requirements for the Intelligence C

for the collection of terrorism information, to include ensuring militar

protection requirements are met; 

(h) under the direction of the Director of Central Intelligence, and in c

with heads of agencies with organizations in the Intelligence Commun

identify, coordinate, and prioritize counterterrorism intelligence requi

the Intelligence Community; and 

(i) identify, together with relevant agencies, specific counterterrorism 

efforts to be initiated or accelerated to protect the national security. 

SEC. 6. DUTIES OF THE HEADS OF AGENCIES.

(a) To implement the policy set forth in section 1 of this order: 
602

(B) shall cooperate in and facilitate the production of 

based on terrorism information with contents and form

permit dissemination that maximizes the utility of the 

information in protecting the territory, people, and int

the United States; and 

(C) shall cooperate with the Director of Central Intell

the preparation of the report to the President required 

4 of this order; and 

(2) the head of each agency that conducts diplomatic, financia

homeland security, intelligence, or law enforcement activities 

counterterrorism shall keep the Director of the Center fully an

informed of such activities, unless prohibited by law (such as 

103(c)(7) of the Act or Executive Order 12958, as amended) o

directed by the President. 

(b) The head of each agency shall, consistent with applicable law, mak

to the Director of the Center such personnel, funding, and other resour

Director of Central Intelligence, after consultation with the head of th

and with the approval of the Director of the Office of Management an

may request. In order to ensure maximum information sharing consist

applicable law, each agency representative to the Center, unless otherw

specified by the Director of Central Intelligence, shall operate under th

authorities of the representative’s agency. 

SEC. 7. DEFINITIONS. As used in this order: 

(a) the term “agency” has the meaning set forth for the term “executiv

in section 105 of title 5, United States Code, together with the Departm

Homeland Security, but includes the Postal Rate Commission and the 

States Postal Service and excludes the Government Accountability Of

(b) the term “Intelligence Community” has the meaning set forth for t

section 3.4(f) of Executive Order 12333 of December 4, 1981, as ame

(c) the terms “local government”, “State”, and, when used in a geogra

sense, “United States” have the meanings set forth for those terms in s

the Homeland Security Act of 2002 (6 U.S.C. §101); and 

(d) the term “terrorism information” means all information, whether c

produced, or distributed by intelligence, law enforcement, military, ho

security, or other United States Government activities, relating to 
603

nations;

(3) communications of or by such groups or individuals; or 

(4) information relating to groups or individuals reasonably b

be assisting or associated with such groups or individuals. 

SEC. 8. GENERAL PROVISIONS.

(a) This order: 

(1) shall be implemented in a manner consistent with applicab

including Federal law protecting the information privacy and 

rights of Americans, and subject to the availability of appropr

(2) shall be implemented in a manner consistent with the auth

principal officers of agencies as heads of their respective agen

including under section 199 of the Revised Statutes (22 U.S.C

section 201 of the Department of Energy Reorganization Act 

§7131), section 102(a) of the Homeland Security Act of 2002 

§112(a)), and sections 301 of title 5, 113(b) and 162(b) of title 

title 28, and 301(b) of title 31, United 

States Code; and 

(3) shall not be construed to impair or otherwise affect the fun

the Director of the Office of Management and Budget relating 

administrative, and legislative proposals. 

(b) This order and amendments made by this order are intended only t

the internal management of the Federal Government and are not inten

do not, create any rights or benefits, substantive or procedural, enforc

or in equity by a party against the United States, its departments, agen

instrumentalities, or entities, its officers, employees, or agents, or any 

person.

-/S/-George W. Bush 

THE WHITE HOUSE, 

August 27, 2004. 
604
605

By the authority vested in me as President by the Constitution and law

United States of America, including section 103(c)(8) of the National 

Act of 1947, as amended (Act), and in order to further strengthen the 

conduct of United States intelligence activities and protect the territor

and interests of the United States of America, including against terror

it is hereby ordered as follows: 

SECTION 1. STRENGTHENING THE AUTHORITY OF THE DIRECTOR OF C

INTELLIGENCE. The Director of Central Intelligence (Director) shall p

functions set forth in this order to ensure an enhanced joint, unified na

intelligence effort to protect the national security of the United States. 

functions shall be in addition to those assigned to the Director by law, 

Order, or Presidential directive. 

SEC. 2. STRENGTHENED ROLE IN NATIONAL INTELLIGENCE. Executiv

12333 of December 4, 1981, as amended, is further amended as follow

Subsection 1.5(a) is amended to read: 

“(a)(1) Act as the principal adviser to the President for intelligence ma

related to the national security; 

“(2) Act as the principal adviser to the National Security Coun

Homeland Security Council for intelligence matters related to 

national security; and

(b) Subsection 1.5(b) is amended to read: 

“(b)(1) Develop such objectives and guidance for the Intelligence Com

necessary, in the Director’s judgment, to ensure timely and effective c

processing, analysis, and dissemination of intelligence, of whatever na

from whatever source derived, concerning current and potential threat

security of the United States and its interests, and to ensure that the N

Foreign Intelligence Program (NFIP) is structured adequately to achie

requirements; and 

“(2) Working with the Intelligence Community, ensure that U

intelligence collection activities are integrated in: (i) collectin

enduring and emerging national security intelligence issues; (
606

“(g)(1) Establish common security and access standards for managing 

handling intelligence systems, information, and products, with special 

on facilitating: 

“(A) the fullest and most prompt sharing of informati

practicable, assigning the highest priority to detecting

preventing, preempting, and disrupting terrorist threat

our homeland, our people, our allies, and our interests

“(B) the establishment of interface standards for an in

information sharing enterprise that facilitates the auto

sharing of intelligence information among agencies w

Intelligence Community. 

 “(2) (A) Establish, operate, and direct national centers with re

matters determined by the President for purposes of this subp

be of the highest national security priority, with the functions 

and planning (including planning for diplomatic, financial, m

intelligence, homeland security, and law enforcement activitie

integration of such activities among departments and agencies

to such matters. 

“(B) The countering of terrorism within the United St

against citizens of the United States, our allies, and ou

abroad, is hereby determined to be a matter of the hig

national security priority for purposes of subparagrap

this subsection.” 

“(3) Ensure that appropriate agencies and departments have a

receive all-source intelligence support needed to perform inde

alternative analysis.” 

(d) Subsection 1.5(m) is amended to read: 

“(m)(1) Establish policies, procedures, and mechanisms that translate 

objectives and priorities approved by the President into specific guida

Intelligence Community. 

“(2) In accordance with objectives and priorities approved by 

President, establish collection requirements for the Intelligenc

Community, determine collection priorities, manage collectio
607

information to elements of the United States Government that 

information collection capabilities and are not organizations w

Intelligence Community. 

“(4) The responsibilities in subsections 1.5(m)(2) and (3) appl

maximum extent consistent with applicable law, whether info

to be collected inside or outside the United States.” 

(e) Subsection 1.6(a) is amended to read: 

“(a) The heads of all departments and agencies shall: 

“(1) Unless the Director provides otherwise, give the Director 

all foreign intelligence, counterintelligence, and national intel

defined in the Act, that is relevant to transnational terrorist thr

weapons of mass destruction proliferation threats, including s

relevant intelligence derived from activities of the FBI, DHS, 

other department or agency, and all other information that is r

the national security or that otherwise is required for the perfo

the Director’s duties, except such information that is prohibite

by the President, or by the Attorney General acting under this 

direction of the President from being provided to the Director

Attorney General shall agree to procedures with the Director p

section 3(5)(B) of the Act no later than 90 days after the issua

order that ensure the Director receives all such information; 

“(2) support the Director in developing the NFIP; 

“(3) ensure that any intelligence and operational systems and 

architectures of their departments and agencies are consistent 

national intelligence requirements set by the Director and all a

information sharing and security guidelines, and information 

requirements; and 

“(4) provide, to the extent permitted by law, subject to the ava

appropriations, and not inconsistent with the mission of the de

or agency, such further support to the Director as the Director 

request, after consultation with the head of the department or 

the performance of the Director’s functions.” 
608

Community, the annual consolidated NFIP budget. The Director shall 

responsible for developing an integrated and balanced national intellig

program that is directly responsive to the national security threats faci

United States. The Director shall submit such budget (accompanied by 

views, if any, of the head of a department or agency that has an organ

within the Intelligence Community) to the President for approval; and 

“(2) Participate in the development by the Secretary of Defen

annual budgets for the Joint Military Intelligence Program (JM

the Tactical Intelligence and Related Activities (TIARA) Prog

“(o)(1) Transfer, consistent with applicable law and with the approval 

Director of the Office of Management and Budget, funds from an app

for the NFIP to another appropriation for the NFIP or to another NFIP 

component; 

“(2) Review, and approve or disapprove, consistent with appl

any proposal to: (i) reprogram funds within an appropriation f

NFIP; (ii) transfer funds from an appropriation for the NFIP t

appropriation that is not for the NFIP within the Intelligence C

or (iii) transfer funds from an appropriation that is not for the 

within the Intelligence Community to an appropriation for the 

“(3) Monitor and consult with the Secretary of Defense on 

reprogrammings or transfers of funds within, into, or out of, 

appropriations for the JMIP and the TIARA Program. 

“(p)(1) Monitor implementation and execution of the NFIP budget by 

of departments or agencies that have an organization within the Intelli

Community, including, as necessary, by conducting program and perf

audits and evaluations; 

“(2) Monitor implementation of the JMIP and the TIARA Pro

advise the Secretary of Defense thereon; and 

“(3) After consultation with the heads of relevant departments

periodically, and not less often than semiannually, to the Pres

effectiveness of implementation of the NFIP Program by orga

within the Intelligence Community, for which purpose the hea

departments and agencies shall ensure that the Director has ac

programmatic, execution, and other appropriate information.” 
609

(b) if the appointment to that position is made by the President alone, 

recommendation to the President to appoint an individual to that posit

accompanied by the recommendation of the Director with respect to th

appointment; and 

(c) if the appointment to that position is made by the President, by and 

advice and consent of the Senate, any recommendation to the Presiden

nomination of an individual for that position shall be accompanied by 

recommendation of the Director with respect to the proposed nominat

SEC. 5. STRENGTHENED CONTROL OF STANDARDS AND QUALIFICATIO

Director shall issue, after coordination with the heads of departments 

agencies with an organization in the Intelligence Community, and not 

120 days after the date of this order, and thereafter as appropriate, stan

qualifications for persons engaged in the performance of United State

intelligence activities, including but not limited to: 

(a) standards for training, education, and career development of perso

organizations in the Intelligence Community, and for ensuring compa

personnel policies and an integrated professional development and ed

system across the Intelligence Community, including standards that en

and facilitate service in multiple organizations within the Intelligence 

Community and make such rotated service a factor to be considered fo

promotion to senior positions; 

(b) standards for attracting and retaining personnel who meet the requ

for effective conduct of intelligence activities; 

(c) standards for common personnel security policies among organiza

the Intelligence Community; and 

(d) qualifications for assignment of personnel to centers established un

1.5(g)(2) of Executive Order 12333, as amended by section 2 of this o

SEC. 6. TECHNICAL CORRECTIONS. Executive Order 12333 is further a

follows:

(a) The preamble is amended by, after “amended”, inserting “(Act)”. 

(b) Subsection 1.3(a)(4) is amended by, after “governments”, inserting 

organizations”.

(c) Subsection 1.4(a) is amended by, after “needed by the President”, 

“and, in the performance of Executive functions, the Vice President,”
610

(1) striking The Department of the Treasury. The Secretary o

Treasury shall:” and inserting in lieu thereof “The Departmen

Treasury and the Department of Homeland Security. The Secr

Treasury, with respect to subsections (a), (b), and (c), and the 

of Homeland Security with respect to subsection (d), shall:”; 

(2) in subparagraph (d), after “used against the President” inse

the Vice President”; and 

(3) in subparagraph (d), striking “the Secretary of the Treasur

places it appears and inserting in lieu thereof in both places “t

Secretary of Homeland Security”. 

(h) Subsection 2.4(c)(1) is amended by striking “present of former” an

in lieu thereof “present or former”. 

(i) Subsection 3.1 is amended by: 

(1) striking “as provided in title 50, United States Code, sectio

inserting in lieu thereof “implemented in accordance with app

including title V of the Act”; and 

(2) striking “section 662 of the Foreign Assistance Act of 196

amended (22 U.S.C. §2422), and section 501 of the National 

Act of 1947, as amended (50 U.S.C. §413),” and inserting in l

“applicable law, including title V of the Act,”. 

(j) Subsection 3.4(b) is amended by striking “visably” and inserting in 

thereof “visibly”. 

(k) Subsection 3.4(f) is amended: 

(1) after “agencies within the Intelligence Community”, by in

organizations within the Intelligence Community”; 

(2) in paragraph (8), by striking “Those” and inserting in lieu 

“The intelligence elements of the Coast Guard and those”; an

(3) by striking the “and” at the end of paragraph (7), striking t

at the end of paragraph (8) and inserting in lieu thereof “; and

adding at the end thereof “(9) National Geospatial-Intelligenc

SEC. 7. GENERAL PROVISIONS.

(a) This order and the amendments made by this order: 

(1) shall be implemented in a manner consistent with applicab

subject to the availability of appropriations; 
611

2002 (6 U.S.C. §112(a)), and sections 301 of title 5, 113(b) an

title 10, 503 of title 28, and 301(b) of title 31, United States C

(3) shall not be construed to impair or otherwise affect the fun

the Director of the Office of Management and Budget relating 

administrative, and legislative proposals. 

(b) Nothing in section 4 of this order limits or otherwise affects— 

(1) the appointment of an individual to a position made before 

this order; or 

(2) the power of the President as an appointing authority to te

appointment. 

(c) Nothing in this order shall be construed to impair or otherwise affe

authority to provide intelligence to the President, the Vice President in 

performance of Executive functions, and other officials in the executiv

(d) This order and amendments made by this order are intended only t

the internal management of the Federal Government and are not inten

do not, create any rights or benefits, substantive or procedural, enforc

or in equity by a party against the United 

States, its departments, agencies, instrumentalities, or entities, its offic

employees, or agents, or any other person. 

-/S/-George W. Bush 

THE WHITE HOUSE, 

August 27, 2004. 
612
613

By the authority vested in me as President by the Constitution and the 

United States of America, and in order to assist in determining eligibi

access to classified national security information, while taking approp

account of title III of Public Law 108–458, it is hereby ordered as foll

SECTION 1. POLICY. To the extent consistent with safeguarding the sec

United States and protecting classified national security information f

unauthorized disclosure, agency functions relating to determining elig

access to classified national security information shall be appropriatel

centralized, efficient, effective, timely, and reciprocal. 

SEC. 2. FUNCTIONS OF THE OFFICE OF MANAGEMENT AND BUDGET. T

of the Office of Management and Budget (Director): 

(a) may, to ensure the effective implementation of the policy set forth 

of this order, assign, in whole or in part, to the head of any agency (so

jointly) any process relating to determinations of eligibility for access 

classified national security information, with the agency’s exercise of 

assigned process to be subject to the Director’s supervision and to suc

conditions (including approval by the Office of Management and Bud

Director determines appropriate; 

(b) shall carry out any process that the Director does not assign to ano

(or agencies) under subsection (a); 

(c) may, after consultation with the Secretary of State, Secretary of De

Attorney General, the Secretary of Energy, the Secretary of Homeland 

the Director of National Intelligence (DNI), and the Director of the Of

Personnel Management, issue guidelines and instructions to the heads 

to ensure appropriate uniformity, centralization, efficiency, effectiven

timeliness in processes relating to determinations by agencies of eligib

access to classified national security information; 

(d) may, with regard to determining eligibility for access to Sensitive 

Compartmented Information (SCI) and “special access programs perta

intelligence activities; including special activities, but not including m

operational, strategic, and tactical programs” (Intelligence SAPs) und

4.3(a) of Executive Order 12958 of April 17, 1995, as amended, issue 

and instructions with the concurrence of the DNI to the heads of agen
614

efficiency, effectiveness, and timeliness in making such determination

to those programs; 

(f) may report periodically to the President on implementation by agen

policy set forth in section 1; and 

(g) shall submit reports to the Congress relating to the subject matter o

to the extent required by law. 

SEC. 3. FUNCTIONS OF THE HEADS OF AGENCIES.

(a) Heads of agencies shall: 

(1) carry out any process assigned to the agency head by the D

under subsection 2(a) of this order, and shall assist the Directo

carrying out any process under subsection 2(b); 

(2) implement guidelines and instructions issued by the Direc

subsections 2(c), 2(d), and 2(e) of this order; 

(3) to the extent permitted by law, make available to the Direc

information as the Director may request to implement this ord

(4) ensure that all actions taken under this order take appropri

of the counterintelligence interests of the United States; and 

(5) ensure that all actions taken under this order are consisten

DNI’s responsibility to protect intelligence sources and metho

(b) The Director and other heads of agencies shall ensure that all actio

under this order are consistent with the President’s constitutional auth

conduct the foreign affairs of the United States, (ii) withhold informat

disclosure of which could impair the foreign relations, the national sec

deliberative processes of the Executive, or the performance of the Exe

constitutional duties, (iii) recommend for congressional consideration 

measures as the President may judge necessary or expedient, and (iv) 

the unitary executive branch. 

SEC. 4. DEFINITIONS. As used in this order: 

(a) the term “agencies” means: 

(1) any “executive department” as defined in section 101 of ti

United States Code, as well as the Department of Homeland S

(2) any “military department” as defined in section 102 of titl

States Code;
615

(b) the term classified national security information means informat

classified pursuant to Executive Order 12958; 

(c) the term “counterintelligence” has the meaning specified for that te

section 3 of the National Security Act of 1947 (50 U.S.C. §401a); and 

(d) the term “process” means: 

(1) oversight of determinations of eligibility for access to clas

national security information, including for SCI and SAPs ma

agency, as well as the acquisition of information through inve

other means upon which such determinations are made; 

(2) developing and implementing uniform and consistent poli

procedures to ensure the effective, efficient, and timely comp

access eligibility determinations, to include for SAPs;

(3) designating an authorized agency for making access eligib

determinations and an authorized agency for collecting inform

through investigation upon which such determinations are ma

(4) ensuring reciprocal recognition of determinations of eligib

access to classified information among the agencies of the Un

Government, including resolution of disputes involving the re

security clearances and access to SCI and SAPs; 

(5) ensuring the availability of resources to achieve clearance 

investigative program goals regarding the making of access 

determinations as well as the collection of information throug

investigation and other means upon which such determination

and

(6) developing tools and techniques for enhancing the making 

eligibility determinations as well as the collection of informat

investigation and other means upon which such determination

SEC. 5. GENERAL PROVISIONS.

(a) Nothing in this order shall be construed to supersede, impede, or o

affect:

(1) Executive Order 10865 of February 20, 1960, as amended

(2) Executive Order 12333 of December 4, 1981, as amended

(3) Executive Order 12958, as amended; 

(4) Executive Order 12968 of August 2, 1995; 

(5) Executive Order 12829 of January 6, 1993, as amended; 
616

216. The Center for Federal Investigative Services, Office of Personn

Management.” 

(c) Nothing in this order shall be construed to impair or otherwise affe

authority of the Director, including with respect to budget, legislative, 

administrative proposals. The Director may use any authority of the O

Management and Budget in carrying out this order. 

(d) Existing delegations of authority to any agency relating to granting 

classified information and conducting investigations shall remain in e

subject to the authority of the Office of Management and Budget unde

of this order to revise or revoke such delegation. 

(e) This order is intended solely to improve the internal management o

executive branch and is not intended to, and does not, create any right 

substantive or procedural, enforceable at law or in equity by a party ag

United States, its departments, agencies, entities, officers, employees, 

or any other person. 

SEC. 6. SUBMISSION OF REPORT AND EXPIRATION OF ORDER.

(a) The Director shall submit a report to the President, on or before Ap

on the implementation of this order and the policy set forth in section 

order.

(b) The provisions of this order (other than subsection 5(b) and the am

made thereby) shall, unless extended by the President, expire on July 

-/S/-George W. Bush 

THE WHITE HOUSE, 

June 27, 2005. 
617

By the authority vested in me as President by the Constitution and the 

United States of America, including section 1016 of the Intelligence R

Terrorism Prevention Act of 2004 (Public Law 108– 458), and in orde

strengthen the effective conduct of United States counterterrorism act

protect the territory, people, and interests of the United States of Ame

including against terrorist attacks, it is hereby ordered as follows: 

SECTION 1. POLICY. To the maximum extent consistent with applicabl

agencies shall, in the design and use of information systems and in the 

dissemination of information among agencies: 

(a) give the highest priority to 

(1) the detection, prevention, disruption, preemption, and miti

the effects of terrorist activities against the territory, people, a

of the United States of America; 

(2) the interchange of terrorism information among agencies; 

(3) the interchange of terrorism information between agencies 

appropriate authorities of State, local, and tribal governments

between agencies and appropriate private sector entities; and 

(4) the protection of the ability of agencies to acquire addition

information; and 

(b) protect the freedom, information privacy, and other legal rights of 

in the conduct of activities implementing subsection (a). 

SEC. 2. DUTIES OF HEADS OF AGENCIES POSSESSING OR ACQUIRING T

INFORMATION. To implement the policy set forth in section 1 of this o

head of each agency that possesses or acquires terrorism information: 

(a) shall promptly give access to the terrorism information to the head 

other agency that has counterterrorism functions, and provide the terro

information to each such agency, unless otherwise directed by the Pre

consistent with

(1) the statutory responsibilities of the agencies providing and 

the information; 

(2) any guidance issued by the Attorney General to fulfill the 

forth in subsection 1(b) of this order; and 

(3) other applicable law, including sections 102A(g) and (i) o

National Security Act of 1947, section 1016 of the Intelligenc
618

information with contents and formats that permit dissemination that m

the utility of the information in protecting the territory, people, and in

the United States. 

SEC. 3. PREPARING TERRORISM INFORMATION FOR MAXIMUM DISTRI

assist in expeditious and effective implementation by agencies of the p

forth in section 1 of this order, the common standards for the sharing o

information established pursuant to section 3 of Executive Order 1335

August 27, 2004, shall be used, as appropriate, in carrying out section 

Intelligence Reform and Terrorism Prevention Act of 2004. 

SEC. 4. REQUIREMENTS FOR COLLECTION OF TERRORISM INFORMATIO

THE UNITED STATES. To assist in expeditious and effective implemen

agencies of the policy set forth in section 1 of this order, the recomme

regarding the establishment of executive branch-wide collection and s

requirements, procedures, and guidelines for terrorism information co

within the United States made pursuant to section 4 of Executive Orde

shall be used, as appropriate, in carrying out section 1016 of the Intell

Reform and Terrorism Prevention Act of 2004. 

SEC. 5. ESTABLISHMENT AND FUNCTIONS OF INFORMATION SHARING 

(a) Consistent with section 1016(g) of the Intelligence Reform and Te

Prevention Act of 2004, there is hereby established an Information Sh

Council (Council), chaired by the Program Manager to whom section 

such Act refers, and composed exclusively of designees of: the Secret

State, the Treasury, Defense, Commerce, Energy, and Homeland Secu

Attorney General; the Director of National Intelligence; the Director o

Central Intelligence Agency; the Director of the Office of Managemen

Budget; the Director of the Federal Bureau of Investigation; the Direc

National Counterterrorism Center; and such other heads of departmen

agencies as the Director of National Intelligence may designate. 

(b) The mission of the Council is to 

(1) provide advice and information concerning the establishm

interoperable terrorism information sharing environment to fa

automated sharing of terrorism information among appropriat

to implement the policy set forth in section 1 of this order; an
619

section 1016 of the Intelligence Reform and Terrorism Prevention Ac

SEC. 6. DEFINITIONS. As used in this order: 

(a) the term “agency” has the meaning set forth for the term “executiv

in section 105 of title 5, United States Code, together with the Departm

Homeland Security, but includes the Postal Rate Commission and the 

States Postal Service and excludes the Government Accountability Of

(b) the term “terrorism information” has the meaning set forth for such 

section 1016(a)(4) of the Intelligence Reform and Terrorism Preventio

2004. 

SEC. 7. GENERAL PROVISIONS.

(a) This order: 

(1) shall be implemented in a manner consistent with applicab

including Federal law protecting the information privacy and 

rights of Americans, and subject to the availability of appropr

(2) shall be implemented in a manner consistent with the auth

principal officers of agencies as heads of their respective agen

including under section 199 of the Revised Statutes (22 U.S.C

section 201 of the Department of Energy Organization Act (4

§7131), section 103 of the National Security Act of 1947 (50 

§403–3), section 102(a) of the Homeland Security Act of 200

§112(a)), and sections 301 of title 5, 113(b) and 162(b) of title 

of title 15, 503 of title 28, and 301(b) of title 31, United States 

(3) shall be implemented consistent with the Presidential Mem

of June 2, 2005, on “Strengthening Information Sharing, Acce

Integration—Organizational, Management, and Policy Develo

Structures for Creating the Terrorism Information Sharing 

Environment;” 

(4) shall not be construed to impair or otherwise affect the fun

the Director of the Office of Management and Budget relating 

(5) shall be implemented in a manner consistent with section 

National Security Act of 1947. 

(b) This order is intended only to improve the internal management of 

Federal Government and is not intended to, and does not, create any r

benefits, substantive or procedural, enforceable at law or in equity by 
620

and inserting in lieu thereof in each such place Director of N

Intelligence”; and 

(2) by striking “103(c)(7)” and inserting in lieu thereof “102A

(b) Executive Order 13356 of August 27, 2004, is hereby revoked. 

-/S/-George W. Bush 

THE WHITE HOUSE, 

October 25, 2005. 
621

OFFICE OF THE ATTORNEY GENERAL

WASHINGTON, D.C. 20530 

March 6, 2002 

MEMORANDUM

TO: Director, FBI 

 Assistant Attorney General, Criminal Division 

 Counsel for Intelligence Policy 

 United States Attorneys 

FROM: The Attorney General -/S/-John Ashcroft 

SUBJECT: Intelligence Sharing Procedures for Foreign Intelligen

Foreign Counterintelligence Investigations Conducted 

FBI

I. INTRODUCTION AND STATEMENT OF GENERA

PRINCIPLES

Unless otherwise specified by the Attorney General, these procedu

to foreign intelligence (FI) and foreign counterintelligence (FCI) inve

conducted by the Federal Bureau of Investigations (FBI). They are de

ensure that FI and FCI investigations are conducted lawfully, particula

of requirements imposed by the Foreign Intelligence Surveillance Act 

and to promote the effective coordination and performance of the crim

counterintelligence functions of the Department of Justice (DOJ). Th

procedures supersede the procedures adopted by the Attorney General 

1995 (including the annex concerning the Southern District of New Y

interim measures approved by the Attorney General on January 21, 20

memorandum issued by the Deputy Attorney General on August 6, 20

used in these procedures shall be interpreted in keeping with definitio

contained in FISA. References in these procedures to particular posit
622

information was and is defined to include information that is necessa

relevant, to the ability of the United Sates to protect against foreign th

national security, such as attack, sabotage, terrorism, or clandestine in

activities. See 50 U.S.C. §1801(e)(1). Under the primary purpose sta

government could have a significant law enforcement purpose for usin

but only if it was subordinate to the primary foreign intelligence purpo

USA PATRIOT Act allows FISA to be used for “a significant purpose

than the primary purpose, of obtaining foreign intelligence informatio

allows FISA to be used primarily for a law enforcement purpose, as lo

significant foreign intelligence purpose remains. See U.S.C. §1804 (a

1823 (a)(7)(B). 

The Act also expressly authorizes intelligence officers who are us

“consult” with federal law enforcement officers to “coordinate efforts 

investigate or protect against” foreign threats to national security. Un

authority, intelligence and law enforcement officers may exchange a f

information and advice concerning such efforts in FI or FCI investiga

including information and advice designed to preserve or enhance the 

of a criminal prosecution. The USA Patriot Act provides that such co

intelligence and law enforcement officers “shall not” preclude the gov

certification of a significant foreign intelligence purpose or the issuan

FISA warrant. See 50 U.S.C. §§1806 (k), 1825 (k). 

Consistent with the USA Patriot Act and with standards of effecti

management, all relevant DOJ components, including the Criminal Di

relevant United States Attorney’s Offices (USAOs), and the Office of 

Intelligence Policy and Review (OIPR), must be fully informed about 

scope, and conduct of all full field FI and FCI investigations, whether 

those investigations involve the use of FISA. Correspondingly, the A

General can most effectively direct and control such FI and FCI inves

only if all relevant DOJ components are free to offer advice and make 

recommendations, both strategic and tactical, about the conduct and g

investigations. The overriding need to protect the national security fro

threats compels a full and free exchange of information and ideas. 
623

The Criminal Division and OIPR shall have access to all infor

developed in full field FI and FCI investigations except as limited by 

issued by the Foreign Intelligence Surveillance Court, controls impose

originator of sensitive material, and restrictions established by the Att

General or the Deputy Attorney General in particular cases. See 50 U

§§1801 (h), 1806 (a), 1825 (a). 

The FBI shall keep the Criminal Division and OIPR apprised 

information developed in full field FI and FCI investigations that is ne

the ability of the United States to investigate or protect against foreign 

sabotage, terrorism, and clandestine intelligence activities, subject to t

set forth above. Relevant information includes both foreign intelligen

information and information concerning a crime which has been, is be

about to be committed. The Criminal Division and OIPR must have a

this information to ensure the ability of the United States to coordinat

investigate and protect against foreign threats to national security, inc

protection against such threats through criminal investigation and pro

and in keeping with the need of the United States to obtain, produce, a

disseminate foreign intelligence information. See 50 U.S.C. §§1801(h

1806(k), 1825(k). 

The FBI shall also keep the Criminal Division and OIPR apprised 

information developed in full field FI and FCI investigations that conc

crime which has been, is being, or is about to be committed. See U.S

§1801(h)(3). 

As part of its responsibility under the preceding paragraphs, the F

provide to the Criminal Division and OIPR copies of annual Letterhea

Memoranda (or successor summary documents) in all full field FI and 

investigation, and shall make available to the Criminal Division and O

relevant information from investigative files, as appropriate. The Crim

Division shall adhere to any reasonable conditions on the storage and 

of such documents and information that the FBI or OIPR may require

All information acquired pursuant to a FISA electronic surveillan

physical search that is disseminate to the Criminal Division shall be a
624

B. Providing Advice.

The FBI, the Criminal Division, and OIPR shall consult with one 

concerning full field FI and FCI investigations except as limited by th

procedures, orders issued by the Foreign Intelligence Surveillance Co

restrictions established by the Attorney General or the Deputy Attorne

in particular cases. 

Consultations may include the exchange of advice and recommen

all issues necessary to the ability of the United States to investigate or 

against foreign attack, sabotage, terrorism, and clandestine intelligenc

including protection against the foregoing through criminal investigat

prosecution, subject to the limits set forth above. Relevant issues incl

not limited to, the strategy and goals for the investigation; the law enf

and intelligence methods to be used in conducting the investigation; th

interaction between intelligence and law enforcement components as 

investigation; and the initiation, operation, continuation, or expansion 

searches or surveillance. Such consultations are necessary to the abili

United States to coordinate efforts to investigate and protect against fo

threats to national security as set forth in 50 U.S.C. §§1806(k), 1825(k

The FBI, the Criminal Division, and OIPR shall meet regularly to 

consultations. Consultations may also be conducted directly between 

more components at any time. Disagreements arising from consultati

presented to the Deputy Attorney General or the Attorney General for 

III. INTELLIGENCE SHARING PROCEDURES 

CONCERNING A USAO 

With respect to FI or FCI investigation involving international ter

relevant USAOs shall receive information and engage in consultation

same extent as the Criminal Division under Parts II.A and II.B of thes

procedures. Thus, the relevant USAOs shall have access to informatio

developed in full field investigations, shall be kept apprised of inform

necessary to protect national security, shall be kept apprised of inform

concerning crimes, shall receive copies of LHMs or successor summa
625

With respect to FI or FCI investigations involving espionage, the 

Division shall, as appropriate, authorize the dissemination of informat

USAO, and shall also, as appropriate, authorize consultations between 

and a USAO, subject to the limits set forth in Parts II.A and II.B of th

procedures. In an emergency, the FBI may disseminate information t

consult with, a United States Attorney’s Office concerning an espiona

investigation without the approval of the Criminal Division, but shall 

Criminal Division as soon as possible after the fact. 

All information disseminated to a USAO pursuant to these proced

whether or not the information is derived from FISA and whether or n

concerns a terrorism or espionage investigation, shall be disseminated 

United States Attorney (USA) and/or any Assistant United States Atto

(AUSUAs) designated to the Department of Justice by the USA as po

contact to receive such information. The USAs and the designated AU

have appropriate security clearances and shall receive training in the h

classified information and information derived from FISA, including 

concerning restrictions on the use and dissemination of such informat

Except in an emergency, where circumstances preclude the oppor

consultation, the USAOs shall take no action on the information disse

pursuant to these procedures without consulting with the Criminal Div

OIPR. The term “action” is defined to include the use of such inform

criminal proceeding (including search and arrest warrant affidavits an

jury subpoenas and proceedings), and the disclosure of such informati

court or to any non-government personnel. See also U.S. Attorney’s M

§§9-2.136, 9-90.020. Disagreements arising from consultations pursu

paragraph may be presented to the Deputy Attorney General or the At

General for resolution. 

All information acquired pursuant to a FISA electronic surveillan

physical search that is disseminated to a USAO shall be accompanied 

statement that such information, or any information derived therefrom

be used in any criminal proceeding (including search and arrest warra

and grand jury subpoenas and proceedings) with the advance authoriz
626
627

OFFICE OF THE ATTORNEY GENERAL

WASHINGTON, DC 20530 

September 23, 2002 

MEMORANDUM FOR HEADS OF DEPARTMENT COMPONENT

FROM THE ATTORNEY General -/S/-John Ashcroft 

Subject Guidelines for Disclosure of Grand Jury and Electron

and Oral Interception Information Identifying United 

Persons

The prevention of terrorist activity is the overriding priority o

Department of Justice and improved information sharing among feder

is a critical component of our overall strategy to protect the security o

and the safety of her people. 

Section 203 of the Uniting and Strengthening America by Pro

Appropriate Tools Required to Intercept and Obstruct Terrorism (USA 

PATRIOT) Act of 2001, Pub. L. 107-56, 115 Stat. 272,278-81, author

sharing of foreign intelligence, counterintelligence, and foreign intelli

information obtained through grand jury proceedings and electronic, w

oral interception, with relevant Federal officials to assist in the perform

their duties. This authorization greatly enhances the capacity of law en

to share information and coordinate activities with other federal offici

common effort to prevent and disrupt terrorist activities. 

At the same time, the law places special restrictions on the ha

intelligence information concerning United States persons (“U.S. pers

information”). Executive Order 12333,46 FR 59941 (Dec. 8, 1981) (“

12333”), for example, restricts the type of U.S. person information tha

within the intelligence community may collect, and requires that the c

retention, and dissemination of such information must conform with p

established by the head of the agency concerned and approved by the 
628

Pursuant to section 203(c), this memorandum specifies the pr

for labeling information that identifies U .S. persons. Information iden

U.S. persons disseminated pursuant to section 203 must be marked to 

that it contains such identifying information prior to disclosure. 

Section 101 of the Foreign Intelligence Surveillance Act of 19

U.S.C. §1801) provides: 

“United States person” means a citizen of the United States, a

lawfully admitted for permanent residence (as defined in secti

a)(20) of Title 8), an unincorporated association a substantial 

members of which are citizens of the United States or aliens l

admitted for permanent residence, or a corporation which is in

in the United States, but does not include a corporation or an 

which is a foreign power, as defined in subsection (a)(1), (2), 

this section. 

Information should be marked as containing U.S. person infor

the information identifies any U.S. person. The U.S. person need not b

or subject of the grand jury investigation or electronic, wire, and oral 

surveillance; the U.S. person need only be mentioned in the informati

disclosed. However, t he U.S. person must be “identified.” That is, the 

or electronic, wire, and oral interception information must discuss or r

U.S person by name (or nickname or alias), rather than merely includi

potentially identifying information such as an address or telephone nu

requires additional investigation to associate with a particular person. 

Determining whether grand jury or electronic, wire, and oral i

information identifies a U. S. person may not always be easy. Grand j

electronic, wire, and oral interception information standing alone will 

establish unequivocally that an identified individual or entity is a U.S

most instances, it will be necessary to use the context and circumstanc

information pertaining to the individual in question to determine whet

individual is a U.S. person. If the person is known to be located in the 

the location is unknown, he or she should be treated as a U.S. person u
629

the reasonable belief that the individual is a U.S. person. 

Grand jury and electronic, wire, and oral interception informa

disclosed under section 203 should be received in the recipient agency 

individual who is designated to be a point of contact for such informa

agency. Grand jury and electronic, wire, and oral interception informa

identifying U .S. persons is subject to section 2.3 of EO 12333 and the 

procedures of each intelligence agency implementing EO 12333, each 

place important limitations on the types of U.S. person information th

retained and disseminated by the United States intelligence communit

provisions require that information identifying a U.S. person be delete

intelligence information except in limited circumstances. An intelligen

that, pursuant to section 203, receives from the Department of Justice

Federal law enforcement agency) information acquired by electronic, 

oral interception techniques should handle such information in accord

its own procedures implementing EO 12333 that are applicable to info

acquired by the agency through such techniques. 

In addition, the Justice Department will disclose grand jury an

electronic, w ire, and oral interception information subject to use restr

necessary to comply with notice and record keeping requirements and 

necessary to protect sensitive law enforcement sources and ongoing cr

investigations. When imposed, use restrictions shall be no more restri

necessary to accomplish the desired effect. 

These procedures are intended to be simple and minimally bu

so that information sharing will not be unnecessarily impeded. Never

where warranted by exigent or unusual circumstances, the procedures 

modified in particular cases by memorandum of the Attorney General

Attorney General, or their designees, with notification to the Director 

Intelligence or his designee. These procedures are not intended to and 

create any rights, privileges, or benefits, substantive or procedural, en

by any party against the United States, its departments, agencies, or ot

its officers or employees or any other person. 

The guidelines in this memorandum shall be effective immed
630
631

OFFICE OF THE ATTORNEY GENERAL

WASHINGTON, DC 20530 

September 23, 2002 

MEMORANDUM FOR HEADS OF DEPARTMENT OF JUSTICE 

COMPONENTS AND HEADS OF FEDERAL DEPARTMENTS AN

AGENCIES WITH LAW ENFORCEMENT RESPONSIBILITIES 

FROM THE ATTORNEY GENERAL -/S/-John Ashcroft 

SUBJECT: Guidelines Regarding Disclosure to the Director of Centra

Intelligence and Homeland Security Officials of Foreign Intelligence 

the course of a Criminal Investigation 

Background

 The Uniting and Strengthening America by Providing Approp

Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act o

Pub. L. 107-56, 115 Stat. 272, 389, enacted into law certain requireme

sharing of information by Federal Law enforcement agencies with the 

intelligence community. Specifically, section 905(a) of the USA PAT

provides that “the Attorney General, or the head of any other departm

agency of the Federal Government with law enforcement responsibilit

expeditiously disclose to the Director of Central Intelligence, pursuan

guidelines developed by the Attorney General in consultation with the 

foreign intelligence acquired by an element of the Department of Justi

element of such department or agency, as the case may be, in the cour

criminal investigation.” 

 Since the enactment of the USA PATRIOT Act, federal law e

agencies have taken steps to improve existing channels of communica

the intelligence community and certain offices relating to homeland se

(collectively, “Receiving Agencies”) in order to share foreign intellige
632

Department of Justice or other departments and agencies having law e

responsibilities with Recipients (as defined below) are not, however, i

replace or supersede existing operational or information sharing mech

between Federal law enforcement agencies and Receiving Agencies. 

appropriate, those relationships should continue to be used to the fulle

possible.

 Heads of Department of Justice components and heads of oth

departments and agencies of the Federal government having law enfor

responsibility shall distribute these guidelines within their respective 

departments, components and agencies, as appropriate, to ensure prom

effective implementation of section 905(a) and these guidelines. 

Guidelines for Section 905(a) Information Sharing

1 Scope of Application. These guidelines apply to all elem

Department of Justice having criminal investigative or pro

responsibilities and to all other departments and agencies 

Federal government having law enforcement responsibilit

(herinafter, collectively, “Federal Law Enforcement Agen

These guidelines do not apply to agencies that provide su

criminal investigations, but that do not themselves conduc

investigations (e.g., the Department of Treasury’s Office 

Assets Control and Financial Crimes Enforcement Netwo

2 Law Enforcement Information Subject to Mandatory Disc

Subject to any exceptions established by the Attorney Gen

consultation with the Director of Central Intelligence (the 

“Director”) and Assistant to the President for Homeland S

section 905(a) and these guidelines require expeditious di

the Director, the Assistant to the President for Homeland 

other members of the U.S. intelligence community or hom

security agencies as are designated under paragraph 4, inf

foreign intelligence acquired in the course of a criminal in

conducted by Federal Law Enforcement Agencies. 
633

activities.

b. The term “section 905(a) information” means foreign 

intelligence acquired in the course of a criminal inve

c. Section 203(d) of the USA PATRIOT Act, provides 

“Notwithstanding any other law, it shall be lawful fo

intelligence or counterintelligence (as defined in sect

National Security Act of 1947 (50 U.S.C §401a)) or 

intelligence information obtained as part of a crimina

investigation to be disclosed to any Federal law enfo

intelligence, protective, immigration, national defens

national security official in order to assist the official 

that information in the performance of his official du

Thus, no other Federal or state law operates to preve

sharing of such information so long as disclosure of 

information will assist the Director and the Assistant 

President for Homeland Security in the performance 

official duties, and Federal Law Enforcement Agenc

notwithstanding any other law, expeditiously disclos

Recipients (as defined below) section 905(a) informa

3 Training. Pursuant to section 908 of the USA PATRIOT 

department of Justice, in consultation with the Director, th

to the President for Homeland Security, and other Federal 

Enforcement Agencies, will develop a training curriculum 

program to ensure that law enforcement officials receive 

training to identify foreign intelligence subject to the disc

requirements under these guidelines. 

4 Entities to Whom Disclosure Shall Be Made. The Directo

consultation with the Assistant to the President for Home

Security, shall promptly advise the Attorney General of h

designations of appropriate offices, entities and/or officia

Receiving Agencies to receive the disclosure of section 9

information not covered by an established operational or 

sharing mechanism. Said designees, together with the Di
634

facilitate expeditious sharing and handling of section 905

information. 

5 Methods for Disclosure of Section 905(a) Information. S

to any exceptions that may be established pursuant to para

infra, all section 905(a) information shall be shared as exp

as possible with one or more of the Recipients. The proce

established in this paragraph may be supplemented by mo

definitions and protocols disseminated to appropriate law 

enforcement, intelligence, and homeland security officials 

classified or confidential form. 

a. Terrorism or Weapons of Mass Destruction (WMD) 

Information. Federal law enforcement officials shall 

immediately to one or more Recipients information w

reasonably believe relates to a potential terrorism or 

threat to the United States homeland, its critical infra

key resources (whether physical or electronic), or to 

States persons or interests worldwide. Other terroris

information, as defined by section 5(a)(i) and (ii), sh

disclosed to one or more Recipients as expeditiously 

In all cases, the official shall disclose such informati

understood priorities of disrupting terrorist plans, pre

terrorists’ attacks, and preserving the lives of United 

persons. Disclosure may be made through one or mo

following: existing field-level operational or inform

sharing mechanisms, including a Joint Terrorism Tas

(JTTF); existing headquarters operational or informa

mechanisms; or when the officer reasonably believes 

does not permit the use of any such established mech

any other field level or other mechanism intended to 

immediate action, response or other efforts to addres

threats.

As soon as possible after any disclosure under the pr

paragraph, the disclosing official shall notify the rele
635

information is disclosed by the headquarters of the re

Federal Law Enforcement Agency, the headquarters 

soon as practicable and to the extent reasonable, noti

all disclosures. Federal agencies may require additio

notification procedures where appropriate. 

For purposes of these guidelines, “terrorism informat

“weapons of mass destruction information” are defin

follows:

Terrorism Information: All information relat

existence, organization, capabilities, plans, in

vulnerabilities, means of finance or material s

activities of foreign or international terrorist g

individuals or threats posed by such groups o

individuals to the United States, United State

or United States interests, or to those of other 

to communications between such groups or in

or information relating to groups or individua

reasonably believed to be assisting or associa

them. 

Weapons of Mass Destruction (WMD) Inform

information relating to conventional explosiv

and non-conventional weapons capable of cau

casualties and damage, including chemical, b

radiological and nuclear agents and weapons 

means of delivery of such weapons. 

b. All Other Section 905(a) Information. In consultatio

Department of Justice and the Director, Federal Law 

Enforcement Agencies shall develop (or continue to 

existing) protocols (which may be classified or confi

provide for the expeditious sharing of section 905(a) 

information concerning all other subjects. 
636

through investigatory activities occurring after a part

investigation has been referred formally to the Depar

Justice for prosecution; and (ii) the information was p

by an electronic, wire, or oral interception or solely a

a grand jury subpoena or testimony occurring before 

jury receiving information concerning the particular 

investigation. This consultation may be the basis for 

appropriate use restrictions or for seeking an excepti

section 905(a) disclosure requirements as set forth in 

9, infra. Consultation shall be accomplished expedit

any resulting disclosure shall occur no later than 48 h

the prosecutor is initially notified. Section 905(a) in

that a Federal law enforcement official reasonably be

related to a potential terrorism or WMD threat, inclu

information received from an electronic, wire, or ora

interception or as a result of a grand jury subpoena o

occurring before a grand jury, shall be immediately d

the Federal law enforcement official using the mecha

described in paragraph 5(a), supra, and without need 

advance consultation with the prosecuting official re

for the case. Contemporaneously or as soon after ma

disclosure as possible, the Federal law enforcement o

notify the prosecuting official responsible for the cas

to facilitate notice to the court, if necessary or approp

6 Requests for Additional Information and Amplification on 

Disclosure.

a. Initial disclosure of section 905(a) information to Re

shall be accomplished automatically and without spe

request to the disclosing department, component, or 

b. Requests by any Recipient for additional information 

clarification or amplification related to the initial dis

should be coordinated, as applicable, through the com

that provided the initial information or the designated 
637

a. Sections 203(a) and (b) of the USA PATRIOT Act p

disclosure of federal grand jury information and elec

and oral interception information to specified recipie

specified purposes (hereinafter “section 203 informa

b. Where section 203 information is shared pursuant to 

5, notice of such disclosures shall be promptly provid

Office of Enforcement Operations (OEO) of the Dep

Justice, Criminal Division. OEO shall establish appr

record keeping procedures to ensure compliance with 

requirements related to the disclosure of grand jury i

pursuant to section 203. 

c. The USA PATRIOT Act requires special procedures 

disclosure of section 203 information that identifies U

States persons. The Federal law enforcement agency 

section 203 information pursuant to these guidelines 

observe the procedures established by the Attorney G

disclosing such information that identifies a United S

person. A copy of the section 203 United States pers

information procedures is attached as Appendix B. 

d. By these guidelines the special procedures that were 

pursuant to section 203(c) are made applicable to all 

(a) disclosures of information that identify a United S

person.

8. Information Use Restrictions.

a. In the absence of any significant law enforcement inte

identified below in paragraph 8(b), necessitating the i

of use restrictions, Federal Law Enforcement Agencie

disclose section 905(a) information to Recipients pur

these guidelines free of any originator controls or info

use restrictions. 
638

including caveats restricting use of the disclosed infor

particular level or element of the intelligence commun

tailored to address the particular situation or subject m

involved. 

i. When imposed, use restrictions shall be n

restrictive than necessary to accomplish t

effect.

ii. Once imposed, use restrictions shall be re

periodically by the originator to determine 

they can be narrowed or lifted at the reque

Recipients.

c. Section 203 information shall be disclosed subject to 

restrictions necessary to comply with notice and recor

requirements and to protect sensitive law enforcemen

and ongoing criminal investigations and prosecutions

9. Attorney General Exceptions to Mandatory Disclosure of 

905 Information.

a. Section 905(a) expressly authorizes the Attorney Gen

consultation with the Director, to exempt by regulatio

mandatory disclosure obligation one or more classes 

intelligence or foreign intelligence related to one or m

or matters. 

b. Pending the development of appropriate permanent ex

exemptions from the mandatory disclosure obligation 

determined by the Attorney General in consultation w

Director and the Assistant to the President for Homel

Security on a case-by-case basis. 

c. Requests for an Attorney General exception to manda

disclosure of section 905(a) information must be subm
639

10. Administering Agent. The Assistant Attorney General of 

Criminal Division, in consultation with affected Agencies

and Divisions of the Department of Justice, will act as exe

agent for the Attorney General in administering these gui

providing advice and assistance to Federal law enforceme

regarding the implementation of sections 203 and 905. 

11. No Private Rights Created. These procedures are not inte

do not create and rights, privileges, or benefits, substantiv

procedural, enforceable by any party against the United S

departments, agencies, or other entities, its officers or em

any other person 

12. Effective Immediately. The guidelines in this memorandu

effective immediately. 

APPENDICES: 

A. Extract Copy of Section 905 

Procedures for Marking, Handling and Disclosing Information that Id

United States Person. 
640
641

OFFICE OF THE ATTORNEY GENERAL

WASHINGTON, DC 20530 

September 23, 2002 

MEMORANDUM FOR HEADS OF DEPARTMENT COMPONENT

FROM THE ATTORNEY GENERAL -/S/-John Ashcroft 

SUBJECT: Guidelines Regarding Prompt Handling of Reports of Pos

Criminal Activity Involving Foreign Intelligence Sources 

Section 905(b) of the Uniting and Strengthening America by 

Appropriate Tools Required to Intercept and Obstruct Terrorism (USA 

PATRIOT) Act of 2001, Pub. L. 107-56, 115 Stat. 272,389, requires t

General to develop guidelines to ensure that the Department of Justice 

within a reasonable period of time to reports from the intelligence com

possible criminal activity involving foreign intelligence sources or po

foreign intelligence sources. See 50 U.S.C. §403-5b(b). This memoran

establishes procedures to administer the requirement so f section 905 

Pursuant to section 1.7(a) of Executive Order 12333; 28 U.S.C

and the 1995 Memorandum of Understanding: Reporting of Informati

Concerning Federal Crimes (“1995 MOU”) between the Department 

and members of the intelligence community (Attachment A hereto), th

intelligence community is required, inter alia, to report to the Assistan

General or a designated Deputy Assistant Attorney General of the Cr

Division information that it has collected in the performance of its int

activities concerning possible federal crimes by employees of an intel

agency and violations of specified federal criminal laws by any other 

This reporting requirement extends to matters in which the intelligenc

community agency determines that investigation or prosecution of the 

“may result in a public disclosure of classified information or intellige

sources or methods or would jeopardize the security of ongoing intelli

operations.” 1995 MOU at 9 
642

to commence a criminal investigation. 

Section 905(b) reflects a recognition that when the possible cr

activities involve a foreign intelligence source or potential foreign inte

source, the referring intelligence community agency may have a stron

knowing on an expedited basis whether the Department of Justice inte

investigate potential crimes. 

Accordingly, I hereby direct that, when an intelligence comm

agency making such a possible crime report (all of which fall within t

and therefore should be made pursuant to the 1995 MOU) to the Crim

Division of the Department: 

(1) notifies the Assistant Attorney General or designated Deputy Assi

Attorney General1

 that the possible crime report involves activity of a 

intelligence source or potential foreign intelligence source; and 

(2) requests an expedited determination of the Department of Justice’s 

commence or decline to commence a criminal investigation, 

the designated Deputy Assistant Attorney General and/or ano

attorney within the Criminal Division or other relevant component of 

Department shall expeditiously confer with the referring intelligence c

agency about the possible criminal activity, the reasons for the time se

and the nature and extent of the intelligence equities that may be affec

decision to commence or decline to commence a criminal investigatio

reported activity. Upon receipt of the report, the designated Deputy A

Attorney General shall determine whether immediate contact with the 

agency is necessary. If a need for immediate contact is not established

appropriate Department attorney will be made available for an initial c

the referring intelligence community agency within seven days of the 

the report requesting an expedited determination. 

1

 The notification should be documented in writing, consistent with the proce

forth in the 1995 Memorandum of Understanding governing the reporting by 

intelligence community of possible criminal activity to the Department of Ju
643

attorney shall inform the referring agency within a reasonable period o

whether the Department intends to commence or decline t o commenc

criminal investigation of the conduct described in the crime report. In 

Department attorneys shall take into account any special time urgency 

with the intelligence community agency’s intelligence equities or the 

criminal activity and, if necessary, provide notice of the prosecutorial 

a highly expedited basis. Except in extraordinary circumstances, the r

agency should be informed within 30 days. Extraordinary circumstanc

requiring more than 30 days may include situations where the case is 

complexity or where information necessary for a prosecutorial decisio

unavailable.

These procedures are not intended to and do not create any rig

privileges, or benefits, substantive or procedural, enforceable by any p

against the United State, its departments, agencies, or other entities, it

employees, or any other person. 

The guidelines in this memorandum shall be effective immed
644
645

THE WHITE HOUSE

J

MEMORANDUM FOR THE HEADS OF EXECUTIVE 

DEPARTMENTS AND AGENCIES 

SUBJECT: Strengthening Information Sharing, Access, and Integratio

Organizational, Management, and Policy Development Structures for 

the Terrorism Information Sharing Environment 

The Federal Government collects information pursuant to law for man

including to protect the Nation against international terrorism and oth

the Nation’s safety and well-being. The Federal Government faces gre

challenges in ensuring timely, effective, and lawful collection, proces

analysis, and dissemination of such information. It is of particular imp

ensure that Federal agencies have appropriate access to the informatio

to perform their homeland security, diplomatic, defense, foreign intell

law enforcement functions, and that State, local, and tribal authorities 

appropriate access to the information they need to perform their home

security functions. Ensuring appropriate sharing and integration of an

information, while protecting information privacy rights and other leg

Americans, remains a high priority for the United States and a necessi

winning the war on terror. 

Section 1016 of the Intelligence Reform and Terrorism Prevention Ac

(Public Law 108-458) (IRTPA) calls for the creation of an “Informati

Environment” to provide for Federal, State, local, and tribal access as 

to terrorism information and for the designation of a program manage

“responsible for information sharing across the Federal Government.” 

1016 supplements section 892 of the Homeland Security Act of 2002 

Law 107-296), and Executive Orders 13311 of July 29, 2003, and 133

August 27, 2004, and other Presidential guidance, which address vario

of information access. On April 15, 2005, I designated the program m

(PM) consistent with section 1016(f) of IRTPA, and on April 21, 2005
646

(Chapter 9), stated that [t]he confused lines of authority over informa

sharing created by the intelligence reform act should be resolved.” To 

the Commission recommended that “[t]he overlapping authorities of t

[Director of National Intelligence (DNI)] and the Program Manager sh

reconciled and coordinated—a result most likely to be achieved by req

program manager to report to the DNI.” 

Consistent with the Constitution and the laws of the United States, inc

section 103 of the National Security Act of 1947 and sections 1016 an

IRTPA, and taking appropriate account of the recommendations of th

Commission, I hereby direct as follows: 

1. The DNI shall promptly designate the PM, and all personnel, 

other resources assigned to the PM, as part of the Office of th

of National Intelligence (ODNI) pursuant to section 103(c)(9) 

National Security Act of 1947 and shall administer the PM an

resources as part of the ODNI throughout the initial 2-year ter

PM’s office. 

2. During the initial 2-year term of the PM’s office, the DNI: 

a. shall exercise authority, direction, and control over th

b. shall ensure that the PM carries out the functions of th

under section 1016 of IRTPA and this memorandum— 

i. in a manner that facilitates the effective accom

of Federal homeland security, diplomatic, def

foreign intelligence, and law enforcement fun

that facilitates provision to State, local, and tr

authorities of appropriate access to informatio

need to perform their homeland security func

ii. consistent with applicable law and Presidenti

relating to information access, including Exec

Orders 13311 and 13356; and 

c. shall ensure that the PM has employed by, or assigned 

detailed to his office personnel with substantial inform

sharing experience relating to homeland security, nati

defense, law enforcement, and State and local govern

the maximum extent possible; 
647

a. shall be implemented in a manner consistent with app

including Federal law protecting the information priv

other legal rights of Americans, and subject to the ava

appropriations;

b. shall be implemented in a manner consistent with the 

authority of the principal officers of departments and 

heads of their respective departments or agencies; 

c. shall not be construed to impair or otherwise affect th

of the Director of the Office of Management and Bud

to budget, administrative, and legislative proposals; a

d. is intended only to improve the internal management 

Federal Government and is not intended to, and does 

any rights or benefits, substantive or procedural, enfo

law or in equity by a party against the United States, i

departments, agencies, or entities, its officers, employ

agencies, or any other person. 

GEORGE W. BUSH 

# # # 
648
649

Decemb

MEMORANDUM FOR THE HEADS OF EXECUTIVE 

DEPARTMENTS AND AGENCIES 

SUBJECT: Guidelines and Requirements in Support of the Informatio

Environment 

Ensuring the appropriate access to, and the sharing, integration, and u

information by Federal, State, local, and tribal agencies with counterte

responsibilities, and, as appropriate, private sector entities, while prot

information privacy and other legal rights of Americans, remains a hig

for the United States and a necessity for winning the war on terror. Co

with section 1016 of the Intelligence Reform and Terrorism Preventio

2004 (Public Law 108 458) (IRTPA), my Administration is working t

Information Sharing Environment (ISE) to facilitate the sharing of ter

information (as defined in Executive Order 13388 of October 25, 200

Section 1016 of IRTPA supplements section 892 of the Homeland Sec

of 2002 (Public Law 107 296), Executive Order 13311 of July 29, 200

other Presidential guidance, which address various aspects of informa

On April 15, 2005, consistent with section 1016(f) of IRTPA, I design

program manager (PM) responsible for information sharing across the 

Government. On June 2, 2005, my memorandum entitled “Strengthen

Information Sharing, Access, and Integration - Organizational, Manag

Policy Development Structures for Creating the Terrorism Informatio

Environment” directed that the PM and his office be part of the Office 

Director of National Intelligence (DNI), and that the DNI exercise aut

direction, and control over the PM and ensure that the PM carries out 

responsibilities under IRTPA. On October 25, 2005, I issued Executiv

13388 to facilitate the work of the PM and the expeditious establishm

ISE and restructure the Information Sharing Council (ISC), which pro

advice concerning and assists in the establishment, implementation, an

maintenance of the ISE. 
650

information sharing policy, including the resolution of issues raised by 

and provides policy analysis and recommendations for consideration b

senior committees of the HSC and NSC systems and ensures timely re

Section 1016(d) of IRTPA calls for leveraging all ongoing efforts con

establishing the ISE, the issuance of guidelines for acquiring, accessin

and using information in support of the ISE and for protecting privacy 

liberties in the development of the ISE, and the promotion of a culture 

information sharing. Consistent with the Constitution and the laws of 

States, including section 103 of the National Security Act of 1947, as 

and sections 1016 and 1018 of IRTPA, I hereby direct as follows: 

1. Leveraging Ongoing Information Sharing Efforts in the Developme

ISE. The ISE shall build upon existing Federal Government policies, 

procedures, programs, systems, and architectures (collectively “resour

for the sharing and integration of and access to terrorism information, 

leverage those resources to the maximum extent practicable, with the 

establishing a decentralized, comprehensive, and coordinated environ

sharing and integration of such information. 

a. The DNI shall direct the PM to conduct and complete, within 90 da

date of this memorandum, in consultation with the ISC, a comprehens

evaluation of existing resources pertaining to terrorism information sh

employed by individual or multiple executive departments and agenci

evaluation shall assess such resources for their utility and integrative p

furtherance of the establishment of the ISE and shall identify any unn

redundancies.

b. To ensure that the ISE supports the needs of executive departments 

agencies with counterterrorism responsibilities, and consistent with se

of IRTPA, the DNI shall direct the PM, jointly with the Director of th

Counterterrorism Center (NCTC), and in coordination with the heads 

executive departments and agencies, to review and identify the respec

missions, roles, and responsibilities of such executive departments and 

both as producers and users of terrorism information, relating to the ac

access, retention, production, use, management, and sharing of terrori
651

National Security Affairs (APNSA). This effort shall be coordinated a

appropriate with the tasks assigned under the Guidelines set forth in s

this memorandum. 

c. Upon the submission of findings as directed in the preceding paragr

the DNI shall direct the PM, in consultation with the ISC, to develop, 

consistent with applicable law, the policies, procedures, and architectu

to create the ISE, which shall support the counterterrorism missions, r

responsibilities of executive departments and agencies. These policies

procedures, and architectures shall be reviewed through the interagenc

coordination process, and shall be submitted, within 180 days after the 

submission of findings as directed in the preceding paragraph (1(b)), b

to the President for approval through the APHS-CT and the APNSA. 

2. Information Sharing Guidelines. Consistent with section 1016(d) of 

hereby issue the following guidelines and related requirements, the 

implementation of which shall be conducted in consultation with, and 

support from, the PM as directed by the DNI: 

a. Guideline 1 - Define Common Standards for How Information is A

Accessed, Shared, and Used Within the ISE

The ISE must, to the extent possible, be supported by common standa

maximize the acquisition, access, retention, production, use, managem

sharing of terrorism information within the ISE consistent with the pro

intelligence, law enforcement, protective, and military sources, metho

activities.

Consistent with Executive Order 13388 and IRTPA, the DNI, in coord

with the Secretaries of State, Defense, and Homeland Security, and th

General, shall develop and issue, within 90 days after the date of this 

memorandum, common standards (i) for preparing terrorism informat

maximum distribution and access, (ii) to enable the acquisition, acces

production, use, management, and sharing of terrorism information w

ISE while safeguarding such information and protecting sources and m

from unauthorized use or disclosure, (iii) for implementing legal requ
652

General shall jointly disseminate such standards for use by State, loca

governments, law enforcement agencies, and the private sector, on a m

basis where possible and a voluntary basis where not. The DNI may a

common standards from time to time as appropriate through the same 

which the DNI issued them. 

b. Guideline 2 - Develop a Common Framework for the Sharing of In

Between and Among Executive Departments and Agencies and State, 

Tribal Governments, Law Enforcement Agencies, and the Private Sec

Recognizing that the war on terror must be a national effort, State, loc

tribal governments, law enforcement agencies, and the private sector m

the opportunity to participate as full partners in the ISE, to the extent c

with applicable laws and executive orders and directives, the protectio

national security, and the protection of the information privacy rights 

legal rights of Americans. 

Within 180 days after the date of this memorandum, the Secretary of H

Security and the Attorney General, in consultation with the Secretarie

Defense, and Health and Human Services, and the DNI, and consisten

findings of the counterterrorism missions, roles, and responsibilities r

section 1 of this memorandum, shall: 

(i) perform a comprehensive review of the authorities and responsibili

executive departments and agencies regarding information sharing wi

local, and tribal governments, law enforcement agencies, and the priv

and

(ii) submit to the President for approval, through the APHS-CT and th

a recommended framework to govern the roles and responsibilities of 

departments and agencies pertaining to the acquisition, access, retenti

production, use, management, and sharing of homeland security inform

enforcement information, and terrorism information between and amo

departments and agencies and State, local, and tribal governments, law 

enforcement agencies, and private sector entities. 
653

marking, and handling SBU information (collectively SBU procedur

be standardized across the Federal Government. SBU procedures mus

appropriate and consistent safeguarding of the information and must b

appropriately shared with, and accommodate and reflect the imperativ

and accurate dissemination of terrorism information to, State, local, an

governments, law enforcement agencies, and private sector entities. T

must be consistent with Executive Orders 13311 and 13388, section 8

Homeland Security Act of 2002, section 1016 of IRTPA, section 102A 

National Security Act of 1947, the Freedom of Information Act, the P

of 1974, and other applicable laws and executive orders and directives

(i) Within 90 days after the date of this memorandum, each executive 

and agency will conduct an inventory of its SBU procedures, determin

underlying authority for each entry in the inventory, and provide an as

of the effectiveness of its existing SBU procedures. The results of eac

shall be reported to the DNI, who shall provide the compiled results to 

Secretary of Homeland Security and the Attorney General. 

(ii) Within 90 days after receiving the compiled results of the inventor

required under the preceding paragraph (i), the Secretary of Homeland 

and the Attorney General, in coordination with the Secretaries of State

and Energy, and the DNI, shall submit to the President for approval 

recommendations for the standardization of SBU procedures for home

security information, law enforcement information, and terrorism info

the manner described in paragraph (iv) below. 

(iii) Within 1 year after the date of this memorandum, the DNI, in coo

with the Secretaries of State, the Treasury, Defense, Commerce, Ener

Homeland Security, Health and Human Services, and the Attorney Ge

in consultation with all other heads of relevant executive departments 

agencies, shall submit to the President for approval recommendations 

standardization of SBU procedures for all types of information not ad

the preceding paragraph (ii) in the manner described in paragraph (iv) 

(iv) All recommendations required to be submitted to the President un

Guideline shall be submitted through the Director of the Office of Ma
654

(B) recommendations, as appropriate, for legislative, policy, regulator

administrative changes; and 

(C) an assessment by each department and agency participating in the 

procedures review process of the costs and budgetary considerations f

proposed changes to marking conventions, handling caveats, and othe

procedures pertaining to SBU information. 

(v) Upon the approval by the President of the recommendations subm

this Guideline, heads of executive departments and agencies shall ens

ongoing basis that such recommendations are fully implemented in su

department or agency, as applicable. The DNI shall direct the PM to s

executive departments and agencies in such implementation, as well a

development of relevant guidance and training programs for the stand

SBU procedures. 

d. Guideline 4 - Facilitate Information Sharing Between Executive De

and Agencies and Foreign Partners

The ISE must support and facilitate appropriate terrorism information 

between executive departments and agencies and foreign partners and 

that end, policies and procedures to facilitate such informational acces

exchange, including those relating to the handling of information rece

foreign governments, must be established consistent with applicable l

executive orders and directives. 

Within 180 days after the date of this memorandum, the Secretary of 

coordination with the Secretaries of Defense, the Treasury, Commerce

Homeland Security, the Attorney General, and the DNI, shall review e

authorities and submit to the President for approval, through the APH

the APNSA, recommendations for appropriate legislative, administrat

policy changes to facilitate the sharing of terrorism information with f

partners and allies, except for those activities conducted pursuant to se

102A(k), 104A(f), and 119(f)(1)(E) of the National Security Act of 19
655

ISE, the information privacy rights and other legal rights of American

protected.

(i) Within 180 days after the date of this memorandum, the Attorney G

the DNI, in coordination with the heads of executive departments and 

that possess or use intelligence or terrorism information, shall (A) con

review of current executive department and agency information sharin

and procedures regarding the protection of information privacy and ot

rights of Americans, (B) develop guidelines designed to be implemen

executive departments and agencies to ensure that the information priv

other legal rights of Americans are protected in the development and u

ISE, including in the acquisition, access, use, and storage of personall

identifiable information, and (C) submit such guidelines to the Preside

approval through the Director of OMB, the APHS-CT, and the APNS

guidelines shall not be inconsistent with Executive Order 12333 and g

issued pursuant to that order. 

(ii) Each head of an executive department or agency that possesses or 

intelligence or terrorism information shall ensure on an ongoing basis 

appropriate personnel, structures, training, and technologies are in pla

that terrorism information is shared in a manner that protects the infor

privacy and other legal rights of Americans, and (B) upon approval by 

President of the guidelines developed under the preceding subsection 

guidelines are fully implemented in such department or agency. 

3. Promoting a Culture of Information Sharing. Heads of executive de

and agencies must actively work to create a culture of information sha

their respective departments or agencies by assigning personnel and d

resources to terrorism information sharing, by reducing disincentives 

sharing, and by holding their senior managers and officials accountab

improved and increased sharing of such information. 

Accordingly, each head of an executive department or agency that pos

uses intelligence or terrorism information shall: 

a. within 90 days after the date of this memorandum, designate a senio

who possesses knowledge of the operational and policy aspects of info
656

sharing;

b. within 180 days after the date of this memorandum, develop and iss

guidelines, provide training and incentives, and hold relevant personn

accountable for the improved and increased sharing of terrorism infor

Such guidelines and training shall seek to reduce obstructions to shari

consistent with applicable laws and regulations. Accountability effort

include the requirement to add a performance evaluation element on i

sharing to employees’ annual Performance Appraisal Review, as appr

shall focus on the sharing of information that supports the mission of 

recipient of the information; and 

c. bring to the attention of the Attorney General and the DNI, on an on

basis, any restriction contained in a rule, regulation, executive order o

that significantly impedes the sharing of terrorism information and tha

department or agency head believes is not required by applicable laws 

protect the information privacy rights and other legal rights of Americ

Attorney General and the DNI shall review such restriction and jointly 

any recommendations for changes to such restriction to the APHS-CT 

APNSA for further review. 

4. Heads of executive departments and agencies shall, to the extent pe

law and subject to the availability of appropriations, provide assistanc

information to the DNI and the PM in the implementation of this mem

5. This memorandum: 

a. shall be implemented in a manner consistent with applicable laws, i

Federal laws protecting the information privacy rights and other legal 

Americans, and subject to the availability of appropriations; 

b. shall be implemented in a manner consistent with the statutory auth

principal officers of executive departments and agencies as heads of th

respective departments or agencies; 
657

substantive or procedural, enforceable at law or in equity by a party ag

United States, its departments, agencies, or entities, its officers, emplo

agencies, or any other person. 

GEORGE W. BUSH 

# # # 
658
659

a. BACKGROUND. Section 1016(d) of the Intelligence Reform and 

Prevention Act of 2004 (IRTPA) calls for the issuance of guidelin

protect privacy and civil liberties in the development and use of th

“information sharing environment” (ISE). Section 1 of Executive 

13388, Further Strengthening the Sharing of Terrorism Informatio

Protect Americans, provides that, “[t]o the maximum extent consi

applicable law, agencies shall ... give the highest priority to ... th

interchange of terrorism information among agencies ... [and sha

the freedom, information privacy, and other legal rights of Americ

conduct of [such] activities ....” These Guidelines implement the 

requirements under the IRTPA and EO 13388 to protect informati

rights and provide other legal protections relating to civil liberties 

legal rights of Americans in the development and use of the ISE. 

b. Applicability. These Guidelines apply to information about Un

citizens and lawful permanent residents that is subject to informat

or other legal protections under the Constitution and Federal laws 

United States (“protected information”). For the intelligence com

protected information includes information about “United States p

defined in Executive Order 12333. Protected information may als

other information that the U.S. Government expressly determines 

Executive Order, international agreement, or other similar instrum

be covered by these Guidelines.

2. COMPLIANCE WITH LAWS.

a. General. In the development and use of the ISE, all agencies sh

exception, comply with the Constitution and all applicable laws an

Executive Orders relating to protected information.

b. RULES ASSESSMENT. Each agency shall implement an ongoing 

identifying and assessing the laws, Executive Orders, policies, and 

procedures that apply to the protected information that it will mak

or access through the ISE. Each agency shall identify, document, 

with any legal restrictions applicable to such information. Each ag

adopt internal policies and procedures requiring it to: 

(i) only seek or retain protected information that is legally per

for the agency to seek or retain under the laws, regulations, po

executive orders applicable to the agency; and 
660

and procedures to provide protections that address that issue; 

(ii) identifies a restriction on sharing protected information im

internal agency policy, that significantly impedes the sharing 

information, homeland security information, or law enforcem

information (as defined in Section 13 below) in a manner that 

appear to be required by applicable laws or to protect informa

privacy rights or provide other legal protections, it shall revie

advisability of maintaining such restriction; 

(iii) identifies a restriction on sharing protected information, o

one imposed by internal agency policy, that significantly imp

sharing of information in a manner that does not appear to be 

protect information privacy rights or provide other legal prote

shall review such restriction with the ISE Privacy Guidelines 

(described in Section 12 below), and if an appropriate interna

cannot be developed, bring such restriction to the attention of 

Attorney General and the Director of National Intelligence (D

Attorney General and the DNI shall review any such restrictio

jointly submit any recommendations for changes to such restr

Assistant to the President for Homeland Security and Counter

the Assistant to the President for National Security Affairs, an

Director of the Office of Management and Budget for further 

3. PURPOSE SPECIFICATION.

Protected information should be shared through the ISE only if it 

information, homeland security information, or law enforcement i

(as defined in Section 13 below). Each agency shall adopt interna

and procedures requiring it to ensure that the agency’s access to a

protected information available through the ISE is consistent with 

authorized purpose of the ISE.

4. IDENTIFICATION OF PROTECTED INFORMATION TO BE SHARED T

THE ISE.

a. IDENTIFICATION AND PRIOR REVIEW. In order to facilitate com

with these Guidelines, particularly Section 2 (Compliance with La

Section 3 (Purpose Specification), each agency shall identify its d

holdings that contain protected information to be shared through t
661

agency is making available to the ISE, so that such participants ca

the information in accordance with applicable legal requirements. 

 Specifically, such a mechanism will, to the extent reasonably fea

consistent with the agency’s legal authorities and mission requirem

allow for ISE participants to determine whether: 

(i) the information pertains to a United States citizen or lawfu

resident;

(ii) the information is subject to specific information privacy 

similar restrictions on access, use or disclosure, and if so, the 

such restrictions; and 

(iii) there are limitations on the reliability or accuracy of the i

5. DATA QUALITY.

a. ACCURACY. Each agency shall adopt and implement procedure

appropriate, to facilitate the prevention, identification, and correct

errors in protected information with the objective of ensuring that 

information is accurate and has not erroneously been shared throu

b. NOTICE OF ERRORS. Each agency, consistent with its legal auth

mission requirements, shall ensure that when it determines that pr

information originating from another agency may be erroneous, in

incorrectly merged information, or lacks adequate context such th

of the individual may be affected, the potential error or deficiency 

communicated in writing to the other agency’s ISE privacy officia

privacy officials are described in section 12 below). 

c. PROCEDURES. Each agency, consistent with its legal authorities 

mission requirements, shall adopt and implement policies and pro

with respect to the ISE requiring the agency to: 

(i) take appropriate steps, when merging protected informatio

individual from two or more sources, to ensure that the inform

about the same individual; 

(ii) investigate in a timely manner alleged errors and deficienc

correct, delete, or refrain from using protected information fo

erroneous or deficient; and 

(iii) retain protected information only so long as it is relevant 

for appropriate use by the agency, and update, delete, or refra
662

unauthorized access, disclosure, modification, use, or destruction.

7. Accountability, Enforcement and Audit. 

a. PROCEDURES. Each agency shall modify existing policies and p

or adopt new ones as appropriate, requiring the agency to: 

(i) have and enforce policies for reporting, investigating, and 

to violations of agency policies relating to protected informati

including taking appropriate action when violations are found

(ii) provide training to personnel authorized to share protected 

information through the ISE regarding the agency’s requirem

policies for collection, use, and disclosure of protected inform

as appropriate, for reporting violations of agency privacy prot

policies;

(iii) cooperate with audits and reviews by officials with respo

providing oversight with respect to the ISE; and 

(iv) designate each agency’s ISE privacy official to receive re

copies thereof if the agency already has a designated recipient 

reports) regarding alleged errors in protected information that 

from that agency. 

b. AUDIT. Each agency shall implement adequate review and audi

mechanisms to enable the agency’s ISE privacy official and other 

officials to verify that the agency and its personnel are complying 

Guidelines in the development and use of the SE.

8. Redress. 

To the extent consistent with its legal authorities and mission requ

each agency shall, with respect to its participation in the developm

use of the ISE, put in place internal procedures to address compla

persons regarding protected information about them that is under 

agency’s control. 

9. Execution, Training, and Technology. 

a. EXECUTION. The ISE privacy official shall be responsible for e

protections are implemented as appropriate through efforts such a

business process changes, and system designs. 
663

limited to, permissioning systems, hashing, data anonymization, i

audit logs, and authentication.

10. Awareness. 

Each agency shall take steps to facilitate appropriate public aware

policies and procedures for implementing these Guidelines. 

11. Non-Federal Entities. 

Consistent with any standards and procedures that may be issued 

participation in the ISE by State, tribal, and local governments an

sector entities, the agencies and the PM-ISE will work with non-F

entities seeking to access protected information through the ISE to 

that such non-Federal entities develop and implement appropriate 

and procedures that provide protections that are at least as compre

those contained in these Guidelines.

12. Governance. 

a. ISE PRIVACY OFFICIALS. Each agency’s senior official with ov

agency-wide responsibility for information privacy issues (as desi

statute or executive order, or as otherwise identified in response to 

Memorandum M-05-08 dated February 11, 2005), shall directly o

agency’s implementation of and compliance with these Guideline

privacy official”). If a different official would be better situated t

this role, he or she may be so designated by the head of the agenc

privacy official role may be delegated to separate components wit

agency, such that there could be multiple ISE privacy officials wi

executive department. The ISE privacy official shall be responsib

ensuring that (i) the agency’s policies, procedures, and systems ar

appropriately designed and executed in compliance with these Gu

and (ii) changes are made as necessary. The ISE privacy official 

familiar with the agency’s activities as they relate to the ISE, poss

necessary security clearances, and be granted the authority and re

appropriate, to identify and address privacy and other legal issues 

of the agency’s participation in the ISE. Such authority should be 

in coordination with the agency’s senior ISE official. 
664

issues on an inter-agency basis. The ISE Privacy Guidelines Com

not intended to replace legal or policy guidance mechanisms estab

law, executive order, or as part of the ISE, and will as appropriate 

through or in consultation with such other mechanisms. The ISE 

Guidelines Committee shall be chaired by the PM or a senior offic

designated by the PM, and will consist of the ISE privacy official

member of the Information Sharing Council. If an issue cannot b

by the ISE Privacy Guidelines Committee, the PM will address th

through the established ISE governance process. The ISE Privacy 

Committee should request legal or policy guidance on questions r

the implementation of these Guidelines from those agencies havin

responsibility or authorities for issuing guidance on such question

requested guidance shall be provided promptly by the appropriate 

 As the ISE governance process evolves, if a different entity is est

identified that could more effectively perform the functions of the 

Privacy Guidelines Committee, the ISE Privacy Guidelines Comm

structure shall be modified by the PM through such consultation a

coordination as may b required by the ISE governance process, to 

functions and responsibilities of the ISE Privacy Guidelines Comm

remain priorities fully integrated into the overall ISE governance 

c. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. The Privac

Liberties Oversight Board (PCLOB) should be consulted for ongo

regarding the protection of privacy and civil liberties in agencies’ 

development and us of the ISE. To facilitate the performance of th

PCLOB’s duties, the ISE Privacy Guidelines Committee will serv

mechanism for the PCLOB to obtain information from agencies a

provided advice and guidance consistent with the PCLOB’s statut

responsibilities. Accordingly, the ISE Privacy Guidelines Commit

work in consultation with the PCLOB, whose members may atten

Committee meetings, provide advice, and review and comment on 

as appropriate.

d. ISE PRIVACY PROTECTION POLICY. Each agency shall develop 

implement a written ISE privacy protection policy that sets forth t

mechanisms, policies, and procedures its personnel will follow in 

implementing these Guidelines. Agencies should consult with the 
665

agency in section 105 of title 5, United States Code, but inclu

Postal Rate Commission and the United States Postal Service 

excludes the Government Accountability Office

(ii) The term “protected information” has the meaning set fort

term in paragraph 1(b) of these Guidelines. 

(iii) The terms “terrorism information,” ”homeland security 

information,” and “law enforcement information” are defined 

(I)”Terrorism information,” consistent with section 10

IRTPA means all relating to (A) the existence, organi

capabilities, plans, intentions, vulnerabilities, means o

or material support, or activities of foreign or internat

terrorist groups or individuals, or of domestic groups 

individuals involved in transnational terrorism, (B) th

by such groups or individuals to the United States, Un

persons, or United States interests, or to those of othe

(C) communications of or by such groups or individu

groups or individuals reasonably believed to be assist

associated with such groups or individuals. 

(II) “Homeland security information,” as derived from 

482(f)(1) of the Homeland Security Act of 2002, mea

information possessed by a Federal, State, local, or tr

that relates to (A) a threat of terrorist activity, (B) the 

prevent, interdict, or disrupt terrorist activity, (C) the 

identification or investigation of a suspected terrorist 

organization or any person, group, or entity associate

assisting a suspected terrorist or terrorist organization

planned or actual response to a terrorist act. 

(III) “Law enforcement information” for the purposes 

means any information obtained by or of interest to a 

enforcement agency or official that is (A) related to te

the security of our homeland and (B) relevant to a law 

enforcement mission, including but not limited to info

pertaining to an actual or potential criminal, civil, or 

administrative investigation or a foreign intelligence, 

counterintelligence, or counterterrorism investigation

assessment of or response to criminal threats and vuln
666

acts and violations of the law; identification, apprehen

prosecution, release, detention, adjudication, supervis

rehabilitation of accused persons or criminal offender

victim/witness assistance. 

b. The treatment of information as “protected information” under 

Guidelines does not by itself establish that the individual or entity 

such information pertains does in fact have information privacy o

rights with respect to such information. 

c. Heads of executive departments and agencies shall, to the exten

by law and subject to the availability of appropriations, provide th

cooperation, assistance, and information necessary for the implem

these Guidelines.

d. These Guidelines:

(i) shall be implemented in a manner consistent with applicab

executive orders, including Federal laws protecting the inform

privacy rights and other legal rights of Americans, and subjec

availability of appropriations; 

(ii) shall be implemented in a manner consistent with the statu

authority of the principal officers of executive departments an

as heads of their respective departments or agencies; 

(iii) shall not be construed to impair or otherwise affect the fu

the Director of the Office of Management and Budget relating 

administrative, and legislative proposals; and 

(iv) are intended only to improve the internal management of 

Government and are not intended to, and do not, create any ri

benefits, substantive or procedural, enforceable at law or in eq

party against the United States, its departments, agencies, or e

officers, employees, or agencies, or any other person. 
667

report to the Attorney General possible violations of the feder

laws by employees and of specified federal criminal laws by a

person as provided in procedures agreed upon by the Attorney 

and the head of the department or agency concerned, in a man

consistent with the protection of intelligence sources and Met

specified in those procedures. 

Title 28, Unites States Code, Section 535 (b) requires that— 

[a]ny information, allegation, or complaint received in a depa

agency of the executive branch of government relating to viol

title 18 involving Government officers and employees shall b

expeditiously reported to the Attorney General by the head of 

department or agency, unless— 

(1) the responsibility to perform an investigation with respect 

specifically assigned otherwise by another provision of la

(2) as to any department or agency of the Government, the A

General directors otherwise with respect to a specified cla

information, allegation, or complaint. 

 This Memorandum of Understanding (MOU) sets forth the pr

by which each agency and organization within the Intelligence Comm

report to the Attorney General and to federal investigative agencies in

concerning possible federal crimes by employees of an intelligence ag

organization, or violations of specified federal criminal laws by any o

which information was collected by it during the performance of its d

intelligence activities, as those activities are defines in E.O. 12333, §§

II. Definitions

A. “Agency,” as that term is used herein, refers to those agen

organizations within the Intelligence Community as defin

12333, §3.4(f), but excluding the intelligence elements of 

Bureau of Investigation and the Department of Treasury. 

B. “Employee,” as that term is used herein, means: 
668

violation of 18 U.S.C. §207 (Conflict of interest); and 

3. any other Government employee on detail to the Agency. 

C. “General Counsel” means the general counsel of the Agen

the Department of which it is a component or an oversigh

designated by such person to act on his/her behalf, and fo

of these procedures may include an Inspector General or e

official if agency or departmental procedures so require o

designated by the agency or department head. 

D. “Inspector General” or “IG” means the inspector general 

Agency or of the department of which the Agency is a co

E. “Reasonable basis” exists when there are facts and circum

either personally known or of which knowledge is acquire

source believed to be reasonably trustworthy, that would 

person of reasonable caution to believe that a crime has b

being, or will be committed. The question of which feder

enforcement or judicial entity has jurisdiction over the all

criminal acts shall have no bearing upon the issue of whet

reasonable basis exists. 

III. Scope

A. This MOU shall not be construed to authorize or require t

or any person or entity acting on behalf of the Agency, to 

any investigation not otherwise authorized by law, or to c

information in a manner not authorized by law. 

B. This MOU ordinarily does not require an intelligence age

organization to report crimes information that was collect

disseminated to it by another department, agency, or orga

Where, however, the receiving agency is the primary or s

recipient of that information, or if analysis by the receivin

reveals additional crimes information, the receiving agenc

responsible for reporting all such crimes information in ac

with the provisions of this MOU. 

C. This MOU does not in any way alter or supersede the obl

an employee of an intelligence agency to report potential 

behavior by other employees of that agency to an IG, as r

either by statute or by agency regulations, nor affect any p
669

intelligence community, as required by 28 U.S.C. §535. 

E. This MOU does not affect the obligation to report to the F

Bureau of Investigation alleged or suspected espionage ac

required under Section 811(c) of the Intelligence Authoriz

of 1995. 

F. The following crimes information is exempted from the a

of this memorandum if the specified conditions are met: 

1. Crimes information that has been reported to an IG;1

2. Crimes information received by a Department of Defense 

intelligence component concerning a Defense intelligence 

component employee who either is subject to the Uniform 

Military Justice or is a civilian and has been accused of cr

behavior related to his/her assigned duties or position, if (

information is submitted to and investigated by the approp

Defense Criminal Investigative Organization, and (b) in c

involving crimes committed during the performance of in

activities, the General Counsel provides to the Departmen

a report reflecting the nature of the charges and the dispos

thereof;

3. Information regarding non-employee crimes listed in Sect

that is collected by the intelligence component of a Depar

having within it a law enforcement organization where (a

is of the type that the Department’s law enforcement orga

has jurisdiction to investigate; and (b) the Department’s in

organization submits that crimes information to the Depar

law enforcement organization for investigation and furthe

in accordance with Department policies and procedures;2

1

 If, however, the IG determines that the reported information is not properly 

that office’s jurisdiction, but that such information may be reportable pursuan

MOU, the IG may forward the information to the DOJ in compliance with th

procedures. Alternatively, the IG may transmit the information to the Agency

Counsel for a determination of what response, if any, is required by this MOU

2

 This MOU does not affect the crimes reporting obligations of any law enfor

other non-intelligence components of a department, agency, or organization. 
670

warrant reporting pursuant to this MOU, the General Cou

orally contact the Assistant Attorney General, Criminal D

his/her designee. If the Department of Justice concurs wi

opinion, no further reporting under these procedures is req

General Counsel shall maintain an appropriate record of s

contacts with the Department. If deemed appropriate by th

Counsel, he/she may take necessary steps to pass such inf

the appropriate law enforcement authorities; or 

5. Information, other than that relating to homicide or espion

regarding crimes that were completed more than ten years 

the date such allegations became known to the agency. If

the Agency has a reasonable basis to believe that the alleg

activities occurring ten or more years previously relate to

part of, a pattern of criminal activities that continued with

year interval, the reporting procedures herein will apply to 

activities.

G. The Procedures set forth herein are not intended to affect 

intelligence agency reports to state or local authorities act

appears to constitute a crime under state law. In the even

intelligence agency considers it appropriate to report to st

authorities possible criminal activity that may implicate c

information or intelligence sources or methods, it should 

AAG, or the designated Deputy AAG, Criminal Division

accordance with paragraph VIII.C, below; the Criminal D

consult with the intelligence agency regarding appropriate 

for conveying the information to state or local authorities

event that an intelligence agency considers it appropriate 

state or local authorities possible criminal activity that is n

expected to implicate classified information or intelligenc

*

 [Pursuant to Attorney General Alberto Gonzales’s letter of September 14, 2

Director of National Intelligence J. Michael McConnell, within this Memora

Understanding all referenced functions of the Assistant Attorney General for 

Division or of the Criminal Division, generally, shall be read to refer to the A

Attorney General for National Security and the National Security Division, r
671

the General Counsel or IG facts or circumstances that rea

indicate to the employee that an employee of an intelligen

has committed, is committing, or will commit a violation 

criminal law.3

B. Except as exempted in Section III, when the General Cou

received allegations, complaints or information (hereinaft

allegations) that an employee of the Agency may have vio

be violating, or may violate a federal criminal statue, that 

Counsel should within a reasonable period of time determ

whether there is a reasonable basis to believe that a federa

been, is being, or will be committed and that it is a crime 

under this memorandum, must be reported. The General 

may, as set forth in Section V, below, conduct a prelimina

for this purpose. If a preliminary inquiry reveals that ther

reasonable basis for the allegations, the General Counsel 

the reporting procedures set forth in Section VIII, below. 

preliminary inquiry reveals that the allegations are withou

reasonable basis, the General Counsel will make a record

appropriate, of that finding and no reporting under these p

is required. 

V. Preliminary Inquiry Into Allegations Against An Agency E

A. The General Counsel’s preliminary inquiry regarding alle

against an Agency employee will ordinarily be limited to 

following:

1. review of materials submitted in support of the allegation

2. review of Agency indices, records, documents, and files; 

3. examination of premises occupied by the Agency; 

3

 When a General Counsel or IG has received information concerning alleged 

of federal law by an employee of another intelligence community agency, an

violations are not exempted under section III. E. 4, hereof, the General Coun

notify in writing the General Counsel of the accused employee’s agency. The 

General Counsel must then determine whether this MOU requires the allegat

reported to the Department of Justice. 
672

refute the allegations. 

B. Where criminal allegations against an Agency employee a

to this MOU, an interview of that employee may only be 

in compliance with the following conditions: 

1. Where the crime alleged against an Agency employee doe

pertain to a serious felony offense,4

 a responsible Agency 

may interview the accused employee; however, such inter

only be conducted with the approval of the General Coun

or, as to Defense and military employees, the responsible 

Judge Advocate General or the responsible Defense Crim

Investigative Organization. 

2. Where the crime alleged against an Agency employee is a 

felony offense, the Agency shall ordinarily not interview 

employee, except where, in the opinion of the General Co

are exigent circumstances5

 which require that the employ

interviewed. If such exigent circumstances exist, the Gene

Counsel or other attorney in the General Counsel’s office 

interview the accused employee to the extent reasonably n

eliminate or substantially reduce the exigency. 

3. In all other cases of alleged serious felonies, the General C

the General Counsel’s designee, may interview the accuse

employee only after consultation with the Agency’s 

Defense Criminal Investigative Organization (for Defense 

military employees), or with the Department of Justice re

procedures to be used during an interview with the accuse

employee. 

4

 A “serious felony offense” includes any offense listed in Section VII, hereo

crimes, and other offenses which, if committed in the presence of a reasonab

and law-abiding person, would cause that person immediately to report that c

directly to the police. For purposes of this MOU, crimes against government 

do not exceed $5,000 and are not part of a pattern of continuing behavior or o

conspiracy shall not be considered serious felony offenses. 5

 “Exigent circumstances” are circumstances requiring prompt action by the 

order to protect life or substantial property interests; to apprehend or identify 

offender; or to prevent the compromise, loss, concealment, destruction, or alt

evidence in a crime. 
673

otherwise authorized to use, or as to its responsibility to provide for it

functions pursuant to E.O. 12333. 

VI. General Considerations: Allegations Of Criminal Acts Co

by Non-Employees

A. This MOU requires each employee of the Agency to repo

General Counsel or as otherwise directed by the Departm

Agency head, facts or circumstances that reasonably indic

employee that a non-employee has committed, is committ

commit one or more of the specified crimes in Section VI

B. When an Agency has received information concerning all

violations of federal law by a person other than an employ

intelligence agency, and has determined that the reported 

provides a reasonable basis to conclude that a violation of 

specified crimes in Section VII has occurred, is occurring

occur, the Agency shall report that information to the Dep

Justice in accordance with Sections VIII or IX, below. 

VII. Reportable Offenses by Non-Employees

A. Unless exempted under Section III, above, allegations con

criminal activities by non-employees are reportable if the

one or more of the following specified violations of feder

law:

1. Crimes involving intentional infliction or threat of death o

physical harm. These include but are not limited to homic

kidnapping, hostage taking, assault (including sexual assa

threats or attempts to commit such offenses, against any p

the United States or a U.S. national or internationally prot

person (as defined in 18 U.S.C. §1116(b)(4)), whether in 

States or abroad. 

2. Crimes, including acts of terrorism, that are likely to affec

national security, defense or foreign relations of the Unite

These may include but are not limited to: 

a. Espionage; sabotage; unauthorized disclosure of c

information; seditious conspiracies to overthrow 

government of the United States; fund transfers v
674

b. Fraudulent entry of persons into the United States

violation of immigration restrictions or the failure 

as a foreign agent or an intelligence trained agent

c. Offenses involving interference with foreign gove

interference with the foreign policy of the United 

whether occurring in the United States or abroad; 

d. Acts of terrorism anywhere in the world which ta

U.S. government or its property, U.S. persons, or 

property in the United States, or in which the perp

U.S. person; aircraft hijacking; attacks on aircraft 

international aviation facilities; or maritime pirac

e. The unauthorized transportation or use of firearm

explosives in interstate or foreign commerce. 

3. Crimes involving foreign interference with the integrity o

governmental institutions or processes. Such crimes may 

a. Activities to defraud the U.S. government or any 

protected financial institution, whether occurring 

United States or abroad; 

b. Obstruction of justice or bribery of U.S. officials 

witnesses in U.S. proceedings, whether occurring 

United States or abroad; 

c. Interference with U.S. election proceedings or ille

contributions by foreign persons to U.S. candidat

election committees; 

d. Perjury in connection with U.S. proceedings, or f

statements made in connection with formal report

applications to the U.S. government, or in connec

formal criminal or administrative investigation, w

committed in the United States or abroad; 

e. Counterfeiting U.S. obligations or any other gove

currency, security or identification documents use

United States, whether committed in the United S

abroad; transactions involving stolen government

or identification documents or stolen or counterfe

governmental securities. 
675

transportation, importation, and sale of precursor or essen

chemicals. 

6. The transmittal, investment and/or laundering of the proc

of the unlawful activities listed in this Section, whether co

the United States or abroad. 

B. Any conspiracy or attempt to commit a crime reportable u

section shall be reported if the conspiracy or attempt itsel

applicable reporting criteria. 

C. The Attorney General also encourages the Agency to noti

Department of Justice when the Agency’s otherwise routi

collection of intelligence in accordance with its authoritie

its acquisition of information about the commission of oth

felony offenses by non-employees, e.g. violations of U.S. 

environmental laws relating to ocean and inland water dis

dumping, drinking water contamination, or hazardous wa

disposal, and crimes involving interference with the integ

governmental institutions or processes that would not oth

reportable under section VII.A.3. 

VIII. Procedure For Submitting Special Crimes Reports

A. Where the Agency determines that a matter must be the su

special report to the Department of Justice, it may, consis

paragraphs VIII.B and VIII.C, below, make such a report 

letter or other, similar communication from the General C

(2) by electronic or courier dissemination of information 

operational or analytical units, provided that in all cases, t

line and the text of such communication or dissemination 

reflects that it is a report of possible criminal activity. Th

Department of Justice shall maintain a record of all specia

reports received from the Agency. 

B. Where the Agency determines that a matter must be the su

special report to the Department of Justice; and where the 

further determines that no public disclosure of classified i

or intelligence sources and methods would result from fur

investigation or prosecution, and the security of ongoing i

operations would not be jeopardized thereby, the Agency 
676

sources or methods or would jeopardize the security of on

intelligence operations, the Agency shall report the matter 

AAG or designated Deputy AAG, Criminal Division. A c

report must also be provided to the Assistant Director, Cr

Investigations or National Security Divisions, Federal Bu

Investigation, or in the event that the principal investigati

responsibility resides with a different federal investigative 

an appropriately cleared person of equivalent position in s

agency. The Agency’s report should explain the security 

operational problems that would or might arise from a cri

investigation or prosecution. 

D. Written documents associated with the reports submitted 

this section may refer to persons who are the subjects of t

by non-identifying terms (such as “John Doe # ___”). Th

shall advise the Department of Justice or relevant federal 

investigative agency of the true identities of such persons 

requested.

E. It is agreed that, in acting upon information reported in ac

with these procedures, the Agency, the Department of Jus

relevant federal investigative agencies will deal with class

information, including sources and methods, in a manner 

with the provisions of relevant statutes and Executive Ord

including the Classified Information Procedures Act. 

IX. When Routine Dissemination May be Used in Lieu Of A S

Crimes Report

A. Except as set forth in IX.B, below, the Agency may repor

information regarding non-employees to the Department o

by routine dissemination, provided that: 

1. the crimes information is of the type that is routinely diss

the Agency to headquarters elements of cognizant federal 

investigative agencies;

2. the criminal activity is of a kind that is normally collected 

disseminated to law enforcement by the Agency (e.g., dru

trafficking, money laundering, terrorism, or sanctions vio

and
677

shall retain primary responsibility for review of disseminated informa

evidence of criminal activity. In all other cases, the special reporting 

in Section VIII shall apply. As requested by the Department of Justic

Agency will coordinate with the Department to facilitate the Departm

analytical capabilities as to the Agency’s routine dissemination of crim

information in compliance with this MOU. 

B. Routine dissemination, as discussed in IX.A, above, may 

in lieu of the special reporting requirements set forth here

following categories of criminal activities: 

1. Certain crimes involving the intentional infliction or threa

or serious physical harm (VII.A.1, above); 

2. Espionage; sabotage; unauthorized disclosure of classified 

information; and seditious conspiracies to overthrow the g

of the United States (VII.A.2.a, above); and 

3. Certain crimes involving foreign interference with the int

U.S. governmental institutions or processes (VII.A.3.b an

X. Other Agency Responsibilities

A. The Agency shall develop internal procedures in accordan

provisions of Sections VIII and IX for the reporting of cri

information by its employees as required under Sections I

VI.A.

B. The Agency shall also establish initial and continuing trai

ensure that its employees engaged in the review and analy

collected intelligence are knowledgeable of and in compli

the provisions of this MOU. 

XI. Relation to Other Procedures and Agreements

A. If the Agency desires, for administrative or security reaso

conduct a more extensive investigation into the activities 

employee relating to any matter reported pursuant to this 

will inform the Department of Justice and the federal inve
678

prosecution.

B. Nothing in these procedures shall be construed to restrict 

exchange of information among the Agencies in the Intell

Community or between those Agencies and law enforcem

other than the Department of Justice. 

C. This MOU supersedes all prior crimes reporting memoran

understanding executed pursuant to the requirements of E

To the extent that there exist any conflicts between other 

policies of directives and the provisions herein, such conf

be resolved in accordance with the provisions of this MO

However, this MOU shall not be construed to modify in a

August 1984 Memorandum of Understanding between th

Department of Defense and the Department of Justice rela

investigation and prosecution of certain crimes. 

D. The parties understand and agree that nothing herein shal

construed to alter in any way the current routine dissemin

Agency of intelligence information, including information 

alleged criminal activities by any person, to the Departme

Justice or to federal law enforcement agencies. 

XII. Miscellaneous

A. This MOU shall become effective as to each agency below 

date signed by the listed representative of that agency. 

B. The Intelligence-Law Enforcement Policy Board, within o

the date of the effective date hereof, and as it deems appro

thereafter, will appoint a working group consisting of an e

number of representatives from the intelligence and law e

communities, including the Criminal Division. That work

shall do the following: 

1. review the Agency’s implementation of Sections III.F and 

hereof;

2. consider whether the crimes reporting requirements of E.O

and other authorities are being met through the operation 

MOU;
679

Attorney General, the Director of Central Intelligence, an

of the affected agencies concerning any modifications to t

that it considers necessary. 

-/S/-Janet Reno -/S/-William J. Perry 

Attorney General Secretary of Defense 

Date: August 3, 1995 Date: 11 AUG 1995 

-/S/-John Deutch -/S/-JM McConnell 

Director of Central Intelligence Director, National Security A

Date: 3 August 1995 Date: 22 Aug 1995 

-/S/-Michael F. Munson -/S/-Toby T. Gati 

Director, Defense Intelligence Assistant Secretary of State, 

Intelligence Agency Intelligence and Research 

Date: 2 Aug 1995 Date: 8/14/95 

-/S/-Kenneth E. Baker 

Director, Office Of Non-Proliferation 

and National Security, 

Department of Energy 

Date: 15 Aug 95