ii
 
 

 

 

 

The Intelligence Community draws much of its authority and guidan

body of law contained in this collection. We hope this proves to 

resource to professionals across the federal government. 

This new edition is the result of many hours of hard work. I would li

my thanks to those across the Community who assisted the Office 

Counsel in recommending and preparing the authorities contained he

you find this book a valuable addition to your library and a useful 

carry out your vital mission. 

Robert S. Litt 

General Counsel 

Summer 2009 

iii 
iv
 
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. 

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 

v 
vi
 
INTELLIGENCE SHARING PROCEDURES FOR FOREIGN INTELLIGENCE AND FORE

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

GUIDELINES REGARDING DISCLOSURE TO THE DIRECTOR OF CENTRAL INTELL

AND HOMELAND SECURITY OFFICIALS OF FOREIGN INTELLIGENCE ACQUIRED 

DEPARTMENT OF DEFENSE TITLE 10 AUTHORITIES ..........................................

NATIONAL IMAGERY AND MAPPING AGENCY ACT OF 1996 ............................

HOMELAND SECURITY ACT OF 2002* ..............................................................

COUNTERINTELLIGENCE AND SECURITY ENHANCEMENTS ACT OF 1994 .........

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 ..................................

INSPECTOR GENERAL ACT OF 1978 ..................................................................

WAR CRIMES ACT OF 1996 .............................................................

INTERCEPTION OF WIRE, ELECTRONIC AND ORAL COMMUNICATIONS .............

IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007*

EXECUTIVE ORDER 12139 ................................................................................

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

EXECUTIVE ORDER 12949 ................................................................................

EXECUTIVE ORDER 12951 ................................................................................

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

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

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

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

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

EXECUTIVE ORDER 13462 ................................................................................

EXECUTIVE ORDER 13467 ................................................................................

EXECUTIVE ORDER 13491 ................................................................................

EXECUTIVE ORDER 13492 ................................................................................

EXECUTIVE ORDER 13493 ................................................................................

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

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

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

vii 
GUIDELINES TO ENSURE THAT THE INFORMATION PRIVACY AND OTHER LEGA

OF AMERICANS ARE PROTECTED IN THE DEVELOPMENT AND USE OF THE INFO

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

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

CRITERIA ON THRESHOLDS FOR REPORTING INTELLIGENCE OVERSIGHT MATT

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

INTELLIGENCE COMMUNITY AND GOVERNMENT WEBSITES.............................

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

viii 
ix
 
x
 
promote the general Welfare, and secure the Blessings of Liberty to o

and our Posterity, do ordain and establish this Constitution for the Un

of America. 

ARTICLE. I. 

SECTION 1. 

All legislative Powers herein granted shall be vested in a Congress of 

States, which shall consist of a Senate and House of Representatives. 

SECTION 2. 

The House of Representatives shall be composed of Members chosen 

second Year by the People of the several States, and the Electors in ea

shall have the Qualifications requisite for Electors of the most numero

of the State Legislature. 

No Person shall be a Representative who shall not have attained to the 

twenty five Years, and been seven Years a Citizen of the United State

shall not, when elected, be an Inhabitant of that State in which he shal

Representatives and direct Taxes shall be apportioned among the seve

which may be included within this Union, according to their respectiv

which shall be determined by adding to the whole Number of free Per

including those bound to Service for a Term of Years, and excluding I

taxed, three fifths of all other Persons. The actual Enumeration shall b

within three Years after the first Meeting of the Congress of the Unite

and within every subsequent Term of ten Years, in such Manner as th

Law direct. The Number of Representatives shall not exceed one for e

Thousand, but each State shall have at Least one Representative; and 

enumeration shall be made, the State of New Hampshire shall be entit

three, Massachusetts eight, Rhode-Island and Providence Plantations 

Connecticut five, New-York six, New Jersey four, Pennsylvania eight

one, Maryland six, Virginia ten, North Carolina five, South Carolina f

Georgia three. 

1
 
SECTION 3. 

The Senate of the United States shall be composed of two Senators fro

State, chosen by the Legislature thereof, for six Years; and each Senat

have one Vote. 

Immediately after they shall be assembled in Consequence of the first 

they shall be divided as equally as may be into three Classes. The Sea

Senators of the first Class shall be vacated at the Expiration of the sec

of the second Class at the Expiration of the fourth Year, and of the thi

the Expiration of the sixth Year, so that one third may be chosen every 

Year; and if Vacancies happen by Resignation, or otherwise, during th

the Legislature of any State, the Executive thereof may make tempora

Appointments until the next Meeting of the Legislature, which shall th

Vacancies. 

No Person shall be a Senator who shall not have attained to the Age o

Years, and been nine Years a Citizen of the United States, and who sh

when elected, be an Inhabitant of that State for which he shall be chos

The Vice President of the United States shall be President of the Sena

have no Vote, unless they be equally divided. 

The Senate shall chuse their other Officers, and also a President pro te

the Absence of the Vice President, or when he shall exercise the Offic

President of the United States. 

The Senate shall have the sole Power to try all Impeachments. When s

that Purpose, they shall be on Oath or Affirmation. When the Presiden

United States is tried the Chief Justice shall preside: And no Person sh

convicted without the Concurrence of two thirds of the Members pres

Judgment in Cases of Impeachment shall not extend further than to re

Office, and disqualification to hold and enjoy any Office of honor, Tru

under the United States: but the Party convicted shall nevertheless be 

subject to Indictment, Trial, Judgment and Punishment, according to L

2
 
 

The Congress shall assemble at least once in every Year, and such Me

be on the first Monday in December, unless they shall by Law appoin

Day. 

SECTION 5. 

Each House shall be the Judge of the Elections, Returns and Qualifica

own Members, and a Majority of each shall constitute a Quorum to do 

but a smaller Number may adjourn from day to day, and may be autho

compel the Attendance of absent Members, in such Manner, and unde

Penalties as each House may provide. 

Each House may determine the Rules of its Proceedings, punish its M

disorderly Behaviour, and, with the Concurrence of two thirds, expel 

Each House shall keep a Journal of its Proceedings, and from time to 

publish the same, excepting such Parts as may in their Judgment requi

and the Yeas and Nays of the Members of either House on any questio

the Desire of one fifth of those Present, be entered on the Journal. 

Neither House, during the Session of Congress, shall, without the Con

other, adjourn for more than three days, nor to any other Place than th

the two Houses shall be sitting. 

SECTION 6. 

The Senators and Representatives shall receive a Compensation for th

Services, to be ascertained by Law, and paid out of the Treasury of the 

States. They shall in all Cases, except Treason, Felony and Breach of 

be privileged from Arrest during their Attendance at the Session of th

respective Houses, and in going to and returning from the same; and f

Speech or Debate in either House, they shall not be questioned in any 

Place. 

No Senator or Representative shall, during the Time for which he was 

appointed to any civil Office under the Authority of the United States

shall have been created, or the Emoluments whereof shall have been e

3
 
Every Bill which shall have passed the House of Representatives and 

shall, before it become a law, be presented to the President of the Unit

If he approve he shall sign it, but if not he shall return it, with his Obje

that House in which it shall have originated, who shall enter the Objec

large on their Journal, and proceed to reconsider it. If after such Recon

two thirds of that House shall agree to pass the Bill, it shall be sent, to

the Objections, to the other House, by which it shall likewise be recon

and if approved by two thirds of that House, it shall become a Law. B

such Cases the Votes of both Houses shall be determined by Yeas and 

the Names of the Persons voting for and against the Bill shall be enter

Journal of each House respectively. If any Bill shall not be returned by 

President within ten Days (Sundays excepted) after it shall have been 

to him, the Same shall be a Law, in like Manner as if he had signed it, 

Congress by their Adjournment prevent its Return, in which Case it sh

Law 

Every Order, Resolution, or Vote to which the Concurrence of the Sen

House of Representatives may be necessary (except on a question of 

Adjournment) shall be presented to the President of the United States; 

the Same shall take Effect, shall be approved by him, or being disappr

him, shall be repassed by two thirds of the Senate and House of Repre

according to the Rules and Limitations prescribed in the Case of a Bil

SECTION 8. 

The Congress shall have Power To lay and collect Taxes, Duties, Imp

Excises, to pay the Debts and provide for the common Defence and ge

Welfare of the United States; but all Duties, Imposts and Excises shal

uniform throughout the United States; 

To borrow Money on the credit of the United States; 

To regulate Commerce with foreign Nations, and among the several S

with the Indian Tribes; 

4
 
To provide for the Punishment of counterfeiting the Securities and cur

of the United States; 

To establish Post Offices and post Roads; 

To promote the Progress of Science and useful Arts, by securing for li

Times to Authors and Inventors the exclusive Right to their respective 

and Discoveries; 

To constitute Tribunals inferior to the supreme Court; 

To define and punish Piracies and Felonies committed on the high Sea

Offences against the Law of Nations; 

To declare War, grant Letters of Marque and Reprisal, and make Rule

concerning Captures on Land and Water; 

To raise and support Armies, but no Appropriation of Money to that U

for a longer Term than two Years; 

To provide and maintain a Navy; 

To make Rules for the Government and Regulation of the land and na

To provide for calling forth the Militia to execute the Laws of the Uni

suppress Insurrections and repeal Invasions; 

To provide for organizing, arming, and disciplining, the Militia, and f

governing such Part of them as may be employed in the Service of the 

States, reserving to the States respectively, the Appointment of the Of

the Authority of training the Militia according to the discipline prescri

Congress; 

5
 
 

To make all Laws which shall be necessary and proper for carrying in

Execution the foregoing Powers and all other Powers vested by this C

in the Government of the United States, or in any Department or Offic

SECTION 9. 

The Migration or Importation of such Persons as any of the States now 

shall think proper to admit, shall not be prohibited by the Congress pr

Year one thousand eight hundred and eight, but a Tax or duty may be 

such Importation, not exceeding ten dollars for each Person. 

The Privilege of the Writ of Habeas Corpus shall not be suspended, un

in Cases or Rebellion or Invasion the public Safety may require it. 

No Bill of Attainder or ex post facto Law shall be passed. 

No Capitation, or other direct, Tax shall be laid, unless in Proportion t

Census of Enumeration herein before directed to be taken. 

No Tax or Duty shall be laid on Articles exported from any State. 

No Preference shall be given by any Regulation of Commerce or Reve

Ports of one State over those of another: nor shall Vessels bound to, o

State, be obliged to enter, clear or pay Duties in another. 

No Money shall be drawn from the Treasury, but in Consequence of 

Appropriations made by Law; and a regular Statement and Account o

Receipts and Expenditures of all public Money shall be published from 

time. 

No Title of Nobility shall be granted by the United States: And no Per

any Office of Profit or Trust under them, shall, without the Consent of 

Congress, accept of any present, Emolument, Office, or Title, of any k

whatever, from any King, Prince or foreign State. 

6
 
 

No State shall, without the Consent of the Congress, lay any Imposts o

Imports or Exports, except what may be absolutely necessary for exec

inspection Laws: and the net Produce of all Duties and Imposts, laid b

on Imports or Exports, shall be for the Use of the Treasury of the Unit

and all such Laws shall be subject to the Revision and Controul of the 

No State shall, without the Consent of Congress, lay any Duty of Ton

Troops, or Ships of War in time of Peace, enter into any Agreement o

with another State, or with a foreign Power, or engage in War, unless 

invaded, or in such imminent Danger as will not admit of delay. 

ARTICLE. II. 

SECTION 1. 

The executive Power shall be vested in a President of the United State

America. He shall hold his Office during the Term of four Years, and

with the Vice President, chosen for the same Term, be elected, as follo

Each State shall appoint, in such Manner as the Legislature thereof ma

Number of Electors, equal to the whole Number of Senators and Repr

to which the State may be entitled in the Congress: but no Senator or 

Representative, or Person holding an Office of Trust or Profit under th

States, shall be appointed an Elector. 

The Electors shall meet in their respective States, and vote by Ballot f

Persons, of whom one at least shall not be an Inhabitant of the same S

themselves. And they shall make a List of all the Persons voted for, an

Number of Votes for each; which List they shall sign and certify, and 

sealed to the Seat of the Government of the United States, directed to 

President of the Senate. The President of the Senate shall, in the Prese

Senate and House of Representatives, open all the Certificates, and th

shall then be counted. The Person having the greatest Number of Vote

the President, if such Number be a Majority of the whole Number of E

appointed; and if there be more than one who have such Majority, and 

equal Number of Votes, then the House of Representatives shall imme

7
 
Choice of the President, the Person having the greatest Number of Vo

Electors shall be the Vice President. But if there should remain two or 

have equal Votes, the Senate shall chuse from them by Ballot the Vice 

The Congress may determine the Time of chusing the Electors, and th

which they shall give their Votes; which Day shall be the same throug

United States. 

No Person except a natural born Citizen, or a Citizen of the United Sta

time of the Adoption of this Constitution, shall be eligible to the Offic

President; neither shall any person be eligible to that Office who shall 

attained to the Age of thirty five Years, and been fourteen Years a Re

within the United States. 

In Case of the Removal of the President from Office, or of his Death, 

Resignation, or Inability to discharge the Powers and Duties of the sai

the Same shall devolve on the Vice President, and the Congress may b

provide for the Case of Removal, Death, Resignation or Inability, both 

President and Vice President, declaring what Officer shall then act as 

and such Officer shall act accordingly, until the Disability be removed

President shall be elected. 

The President shall, at stated Times, receive for his Services, a Compe

which shall neither be encreased nor diminished during the Period for 

shall have been elected, and he shall not receive within that Period an

Emolument from the United States, or any of them. 

Before he enter on the Execution of his Office, he shall take the follow

or Affirmation:--''I do solemnly swear (or affirm) that I will faithfully 

Office of President of the United States, and will to the best of my Ab

preserve, protect and defend the Constitution of the United States.'' 

SECTION 2. 

The President shall be Commander in Chief of the Army and Navy of 

States, and of the Militia of the several States, when called into the ac

8
 
He shall have Power, by and with the Advice and Consent of the Sena

Treaties, provided two thirds of the Senators present concur; and he sh

nominate, and by and with the Advice and Consent of the Senate, shal

Ambassadors, other public Ministers and Consuls, Judges of the supre

and all other Officers of the United States, whose Appointments are n

otherwise provided for, and which shall be established by Law: but th

may by Law vest the Appointment of such inferior Officers, as they th

in the President alone, in the Courts of Law, or in the Heads of Depart

The President shall have Power to fill up all Vacancies that may happ

the Recess of the Senate, by granting Commissions which shall expire 

of their next Session. 

SECTION 3. 

He shall from time to time give to the Congress Information on the St

Union, and recommend to their Consideration such Measures as he sh

necessary and expedient; he may, on extraordinary Occasions, conven

Houses, or either of them, and in Case of Disagreement between them

Respect to the Time of Adjournment, he may adjourn them to such Ti

shall think proper; he shall receive Ambassadors and other public Min

shall take Care that the Laws be faithfully executed, and shall Commi

Officers of the United States. 

SECTION 4. 

The President, Vice President and all Civil Officers of the United Stat

removed from Office on Impeachment for and Conviction of, Treason

or other high Crimes and Misdemeanors. 

ARTICLE. III. 

SECTION 1. 

The judicial Power of the United States, shall be vested in one suprem

and in such inferior Courts as the Congress may from time to time ord

establish. The Judges, both of the supreme and inferior Courts, shall h

Offices during good Behaviour, and shall, at stated Times, receive for 

Services, a Compensation, which shall not be diminished during their 

Continuance in Office. 

9
 
Controversies between two or more States;--between a State and Citiz

another State;--between Citizens of different States;--between Citizen

same State claiming Lands under Grants of different States, and betwe

or the Citizens thereof, and foreign States, Citizens or Subjects. 

In all Cases affecting Ambassadors, other public Ministers and Consu

those in which a State shall be Party, the supreme Court shall have ori

Jurisdiction. In all the other Cases before mentioned, the supreme Cou

have appellate Jurisdiction, both as to Law and Fact, with such Excep

under such Regulations as the Congress shall make. 

The Trial of all Crimes, except in Cases of Impeachment, shall be by J

such Trial shall be held in the State where the said Crimes shall have b

committed; but when not committed within any State, the Trial shall b

Place or Places as the Congress may by Law have directed. 

SECTION 3. 

Treason against the United States, shall consist only in levying War ag

or in adhering to their Enemies, giving them Aid and Comfort. No Per

be convicted of Treason unless on the Testimony of two Witnesses to 

overt Act, or on Confession in open Court. 

The Congress shall have Power to declare the Punishment of Treason

Attainder of Treason shall work Corruption of Blood, or Forfeiture ex

the Life of the Person attainted. 

ARTICLE. IV. 

SECTION 1. 

Full Faith and Credit shall be given in each State to the public Acts, R

judicial Proceedings of every other State. And the Congress may by g

Laws prescribe the Manner in which such Acts, Records and Proceedi

be proved, and the Effect thereof. 

10
 
 

 

executive Authority of the State from which he fled, be delivered up, 

removed to the State having Jurisdiction of the Crime. 

No Person held to Service or Labour in one State, under the Laws ther

escaping into another, shall, in Consequence of any Law or Regulatio

be discharged from such Service or Labour, but shall be delivered up 

the Party to whom such Service or Labour may be due. 

SECTION 3. 

New States may be admitted by the Congress into this Union; but no n

shall be formed or erected within the Jurisdiction of any other State; n

State be formed by the Junction of two or more States, or Parts of Stat

the Consent of the Legislatures of the States concerned as well as of th

Congress. 

The Congress shall have Power to dispose of and make all needful Ru

Regulations respecting the Territory or other Property belonging to th

States; and nothing in this Constitution shall be so construed as to Prej

Claims of the United States, or of any particular State. 

SECTION 4. 

The United States shall guarantee to every State in this Union a Repub

of Government, and shall protect each of them against Invasion; and o

Application of the Legislature, or of the Executive (when the Legislat

be convened) against domestic Violence. 

ARTICLE. V. 

The Congress, whenever two thirds of both Houses shall deem it nece

propose Amendments to this Constitution, or, on the Application of th

Legislatures of two thirds of the several States, shall call a Convention 

proposing Amendments, which, in either Case, shall be valid to all Int

Purposes, as Part of this Constitution, when ratified by the Legislature

fourths of the several States, or by Conventions in three fourths thereo

one or the other Mode of Ratification may be proposed by the Congre

11
 
All Debts contracted and Engagements entered into, before the Adopt

Constitution, shall be as valid against the United States under this Con

as under the Confederation. 

This Constitution, and the Laws of the United States which shall be m

Pursuance thereof; and all Treaties made, or which shall be made, und

Authority of the United States, shall be the supreme Law of the Land; 

Judges in every State shall be bound thereby, any Thing in the Constit

Laws of any state to the Contrary notwithstanding. 

The Senators and Representatives before mentioned, and the Member

several State Legislatures, and all executive and judicial Officers, both 

United States and of the several States, shall be bound by Oath or Aff

support this Constitution; but no religious Test shall ever be required 

Qualification to any Office or public Trust under the United States. 

ARTICLE. VII. 

The Ratification of the Conventions of nine States, shall be sufficient 

Establishment of this Constitution between the States so ratifying the 

AMENDMENT I. 

Congress shall make no law respecting an establishment of religion, o

prohibiting the free exercise thereof; or abridging the freedom of spee

the press; or the right of the people peaceably to assemble, and to peti

Government for a redress of grievances. 

AMENDMENT II. 

A well regulated Militia, being necessary to the security of a free Stat

of the people to keep and bear Arms, shall not be infringed. 

12
 
The right of the people to be secure in their persons, houses, papers, a

against unreasonable searches and seizures, shall not be violated, and 

Warrants shall issue, but upon probable cause, supported by Oath or a

and particularly describing the place to be searched, and the persons o

be seized. 

AMENDMENT V. 

No person shall be held to answer for a capital, or otherwise infamous 

unless on a presentment or indictment of a Grand Jury, except in case

the land or naval forces, or in the Militia, when in actual service in tim

or public danger; nor shall any person be subject for the same offence 

put in jeopardy of life or limb; nor shall be compelled in any criminal 

witness against himself, nor be deprived of life, liberty, or property, w

process of law; nor shall private property be taken for public use, with

compensation. 

AMENDMENT VI. 

In all criminal prosecutions, the accused shall enjoy the right to a spee

public trial, by an impartial jury of the State and district wherein the c

have been committed, which district shall have been previously ascert

law, and to be informed of the nature and cause of the accusation; to b

confronted with the witnesses against him; to have compulsory proces

obtaining witnesses in his favor, and to have the Assistance of Counse

defence. 

AMENDMENT VII. 

In Suits at common law, where the value in controversy shall exceed t

dollars, the right of trial by jury shall be preserved, and no fact tried b

shall be otherwise re-examined in any Court of the United States, than 

to the rules of the common law. 

13
 
 

The enumeration in the Constitution, of certain rights, shall not be con

deny or disparage others retained by the people. 

AMENDMENT X. 

The powers not delegated to the United States by the Constitution, no

by it to the States, are reserved to the States respectively, or to the peo

AMENDMENT XI. 

The Judicial power of the United States shall not be construed to exten

suit in law or equity, commenced or prosecuted against one of the Un

by Citizens of another State, or by Citizens or Subjects of any Foreign 

AMENDMENT XII. 

The Electors shall meet in their respective states and vote by ballot fo

and Vice-President, one of whom, at least, shall not be an inhabitant o

state with themselves; they shall name in their ballots the person voted 

President, and in distinct ballots the person voted for as Vice- Preside

shall make distinct lists of all persons voted for as President, and of al

voted for as Vice-President, and of the number of votes for each, whic

shall sign and certify, and transmit sealed to the seat of the governmen

United States, directed to the President of the Senate;--The President o

Senate shall, in the presence of the Senate and House of Representativ

the certificates and the votes shall then be counted;--The person havin

greatest Number of votes for President, shall be the President, if such 

a majority of the whole number of Electors appointed; and if no perso

majority, then from the persons having the highest numbers not excee

on the list of those voted for as President, the House of Representative

choose immediately, by ballot, the President. But in choosing the Pres

votes shall be taken by states, the representation from each state havin

a quorum for this purpose shall consist of a member or members from 

of the states, and a majority of all the states shall be necessary to a cho

14
 
majority, then from the two highest numbers on the list, the Senate sh

the Vice-President; a quorum for the purpose shall consist of two-third

whole number of Senators, and a majority of the whole number shall b

necessary to a choice. But no person constitutionally ineligible to the 

President shall be eligible to that of Vice-President of the United State

AMENDMENT XIII. 

SECTION. 1. Neither slavery nor involuntary servitude, except as a pun

for crime whereof the party shall have been duly convicted, shall exis

United States, or any place subject to their jurisdiction. 

SECTION. 2. Congress shall have power to enforce this article by appr

legislation. 

AMENDMENT XIV. 

SECTION. 1. All persons born or naturalized in the United States and s

the jurisdiction thereof, are citizens of the United States and of the Sta

they reside. No State shall make or enforce any law which shall abridg

privileges or immunities of citizens of the United States; nor shall any 

deprive any person of life, liberty, or property, without due process of 

deny to any person within its jurisdiction the equal protection of the la

SECTION. 2. Representatives shall be apportioned among the several S

according to their respective numbers, counting the whole number of 

each State, excluding Indians not taxed. But when the right to vote at 

for the choice of electors for President and Vice President of the Unite

Representatives in Congress, the Executive and Judicial officers of a S

members of the Legislature thereof, is denied to any of the male inhab

such State, being twenty-one years of age, and citizens of the United S

any way abridged, except for participation in rebellion, or other crime

of representation therein shall be reduced in the proportion which the 

such male citizens shall bear to the whole number of male citizens twe

years of age in such State. 

15
 
insurrection or rebellion against the same, or given aid or comfort to t

thereof. But Congress may by a vote of two-thirds of each House, rem

disability. 

SECTION. 4. The validity of the public debt of the United States, autho

law, including debts incurred for payment of pensions and bounties fo

in suppressing insurrection or rebellion, shall not be questioned. But n

United States nor any State shall assume or pay any debt or obligation 

aid of insurrection or rebellion against the United States, or any claim 

or emancipation of any slave; but all such debts, obligations and claim

held illegal and void. 

SECTION. 5. The Congress shall have power to enforce, by appropriate 

legislation, the provisions of this article. 

AMENDMENT XV. 

SECTION. 1. The right of citizens of the United States to vote shall not 

or abridged by the United States or by any State on account of race, co

previous condition of servitude. 

SECTION. 2. The Congress shall have power to enforce this article by 

legislation. 

AMENDMENT XVI. 

The Congress shall have power to lay and collect taxes on incomes, fr

whatever source derived, without apportionment among the several St

without regard to any census or enumeration. 

AMENDMENT XVII. 

The Senate of the United States shall be composed of two Senators fro

State, elected by the people thereof, for six years; and each Senator sh

16
 
 

executive thereof to make temporary appointments until the people fil

vacancies by election as the legislature may direct. 

This amendment shall not be so construed as to affect the election or t

Senator chosen before it becomes valid as part of the Constitution. 

AMENDMENT XVIII.. 

SECTION. 1. After one year from the ratification of this article the man

sale, or transportation of intoxicating liquors within, the importation t

or the exportation thereof from the United States and all territory subj

jurisdiction thereof for beverage purposes is hereby prohibited. 

SECTION. 2. The Congress and the several States shall have concurren

enforce this article by appropriate legislation. 

SECTION. 3. This article shall be inoperative unless it shall have been 

an amendment to the Constitution by the legislatures of the several St

provided in the Constitution, within seven years from the date of the s

hereof to the States by the Congress. 

AMENDMENT XIX. 

The right of citizens of the United States to vote shall not be denied or 

by the United States or by any State on account of sex. Congress shall 

power to enforce this article by appropriate legislation. 

AMENDMENT XX. 

SECTION. 1. The terms of the President and Vice President shall end a

the 20th day of January, and the terms of Senators and Representative

on the 3d day of January, of the years in which such terms would have 

this article had not been ratified; and the terms of their successors sha

begin. 

17
 
President. If a President shall not have been chosen before the time fix

beginning of his term, or if the President elect shall have failed to qua

the Vice President elect shall act as President until a President shall ha

qualified; and the Congress may by law provide for the case wherein n

President elect nor a Vice President elect shall have qualified, declarin

shall then act as President, or the manner in which one who is to act sh

selected, and such person shall act accordingly until a President or Vic

shall have qualified. 

SECTION. 4. The Congress may by law provide for the case of the dea

the persons from whom the House of Representatives may choose a P

whenever the right of choice shall have devolved upon them, and for t

the death of any of the persons from whom the Senate may choose a V

President whenever the right of choice shall have devolved upon them

SECTION. 5. Sections 1 and 2 shall take effect on the 15th day of Octo

following the ratification of this article. 

SECTION. 6. This article shall be inoperative unless it shall have been 

an amendment to the Constitution by the legislatures of three-fourths 

several States within seven years from the date of its submission. 

AMENDMENT XXI. 

SECTION. 1. The eighteenth article of amendment to the Constitution o

United States is hereby repealed. 

SECTION. 2. The transportation or importation into any State, Territory

possession of the United States for delivery or use therein of intoxicat

in violation of the laws thereof, is hereby prohibited. 

SECTION. 3. This article shall be inoperative unless it shall have been 

an amendment to the Constitution by conventions in the several States

provided in the Constitution, within seven years from the date of the s

hereof to the States by the Congress. 

18
 
Article shall not apply to any person holding the office of President, w

Article was proposed by the Congress, and shall not prevent any perso

be holding the office of President, or acting as President, during the te

which this Article becomes operative from holding the office of Presid

acting as President during the remainder of such term. 

SECTION. 2. This article shall be inoperative unless it shall have been 

an amendment to the Constitution by the legislatures of three-fourths 

several States within seven years from the date of its submission to th

the Congress. 

AMENDMENT XXIII. 

SECTION. 1. The District constituting the seat of Government of the U

shall appoint in such manner as the Congress may direct: A number o

President and Vice President equal to the whole number of Senators a

Representatives in Congress to which the District would be entitled if 

State, but in no event more than the least populous State; they shall be 

to those appointed by the States, but they shall be considered, for the p

the election of President and Vice President, to be electors appointed b

and they shall meet in the District and perform such duties as provided 

twelfth article of amendment. 

SECTION. 2. The Congress shall have power to enforce this article by 

legislation. 

AMENDMENT XXIV. 

SECTION. 1. The right of citizens of the United States to vote in any pr

other election for President or Vice President, for electors for Presiden

President, or for Senator or Representative in Congress, shall not be d

abridged by the United States or any State by reason of failure to pay 

or other tax. 

19
 
resignation, the Vice President shall become President. 

SECTION. 2. Whenever there is a vacancy in the office of the Vice Pre

President shall nominate a Vice President who shall take office upon 

confirmation by a majority vote of both Houses of Congress. 

SECTION. 3. Whenever the President transmits to the President pro tem

Senate and the Speaker of the House of Representatives has written de

that he is unable to discharge the powers and duties of his office, and 

transmits to them a written declaration to the contrary, such powers an

shall be discharged by the Vice President as Acting President. 

SECTION. 4. Whenever the Vice President and a majority of either the 

officers of the executive departments or of such other body as Congre

law provide, transmit to the President pro tempore of the Senate and th

of the House of Representatives their written declaration that the Pres

unable to discharge the powers and duties of his office, the Vice Presi

immediately assume the powers and duties of the office as Acting Pre

Thereafter, when the President transmits to the President pro tempore 

Senate and the Speaker of the House of Representatives has written de

that no inability exists, he shall resume the powers and duties of his of

the Vice President and a majority of either the principal officers of the 

department or of such other body as Congress may by law provide, tra

within four days to the President pro tempore of the Senate and the Sp

the House of Representatives their written declaration that the Preside

to discharge the powers and duties of his office. Thereupon Congress 

the issue, assembling within forty-eight hours for that purpose if not in 

the Congress, within twenty-one days after receipt of the latter written 

declaration, or, if Congress is not in session, within twenty-one days a

Congress is required to assemble, determines by two-thirds vote of bo

that the President is unable to discharge the powers and duties of his o

Vice President shall continue to discharge the same as Acting Preside

otherwise, the President shall resume the powers and duties of his offi

20
 
Section. 2. The Congress shall have power to enforce this article by ap

legislation. 

AMENDMENT XXVII. 

No law varying the compensation for the services of the Senators and 

Representatives shall take effect, until an election of Representatives 

intervened. 

21
 
22
 
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 Natio

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. 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 

National Intelligence Program. 

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

23
 
SEC. 108. Annual National Security Strategy Report. 

SEC. 109. Annual report on intelligence. 

SEC. 110. National mission of National Geospatial-Intelligence A

SEC. 112. Restrictions on intelligence sharing with the United Nat

SEC. 113. Detail of intelligence community personnel—intelligen

community assignment program. 

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

Intelligence. 

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

purposes. 

SEC. 115. Limitation on establishment or operation of diplomatic 

support centers. 

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

personnel. 

Sec. 117. POW/MIA analytic capability. 

SEC. 118. Semiannual report on financial intelligence on terrorist 

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 p

services 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. 

24
 
 

SEC. 504. Funding of intelligence activities. 

SEC. 505. Notice to Congress of certain transfers of defense articl

defense services. 

SEC. 506. Specificity of National Intelligence Program budget am

counterterrorism, counterproliferation, counternarcotics

counterintelligence. 

SEC. 506A. Budget treatment of costs of acquisition of major system

intelligence community. 

SEC. 507. Dates for submittal of various annual and semiannual re

congressional intelligence committees. 

TITLE VI—PROTECTION OF CERTAIN NATIONAL SECURITY INFOR

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

intelligence 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-Intelligenc

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 A

SEC. 901. Stay of sanctions. 

SEC. 902. Extension of stay. 

SEC. 903. Reports. 

25
 
science and technology. 

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

SEC. 1003. Intelligence Community Scholarship Program. 

SUBTITLE B—FOREIGN LANGUAGES PROGRAM 

SEC. 1011. Program on advancement of foreign languages critical t

intelligence community. 

SEC. 1012. Education partnerships. 

SEC. 1013. Voluntary services. 

SEC. 1014. Regulations. 

SEC. 1015. Definitions. 

SUBTITLE C—ADDITIONAL EDUCATION PROVISIONS 

SEC. 1021. Assignment of intelligence community personnel as lan

students. 

TITLE XI—OTHER PROVISIONS 

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

laws implementing international treaties and agreement

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 o

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

26
 
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. 

DEFINITIONS 

SEC. 3. [50 U.S.C. §401a] 

As used in this Act: 

(1) The term “intelligence” includes foreign intelligence and counterin

(2) The term “foreign intelligence” means information relating to the 

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. 

27
 
and including information gathered within or outside the United State

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

President, to more than one United States Government agency

(B) that involves— 

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

(ii) the development, proliferation, or use of weapons 

destruction; or 

(iii) any other matter bearing on United States nationa

homeland security. 

(6) The term “National Intelligence Program” refers to all programs, p

and activities of the intelligence community, as well as any other prog

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: Provid

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. 

28
 
(6) the Director for Mutual Security; 

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

(8) 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

appointed by the President by and with the advice and consen

Senate, to serve at his pleasure. 

(b) In addition to performing such other functions as the President ma

for the purpose of more effectively coordinating the policies and func

departments and agencies of the Government relating to the national s

shall, subject to the direction of the President, be the duty of the Coun

(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. 

29
 
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. 

(D) The Assistant to the President for National Securi

who shall serve as the chairperson of the Committee. 

(E) Such other members as the President may designa

(3) The function of the Committee shall be to assist the Counc

activities by— 

(A) identifying the intelligence required to address th

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). 

30
 
(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

(3) The function of the Committee shall be to coordinate and 

activities of the United States Government relating to combat

transnational threats. 

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

(A) identify transnational threats; 

(B) develop strategies to enable the United States Gov

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). 

31
 
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

recommendations. The Special Adviser should serve as liaison with th

Ambassador at Large for International Religious Freedom, the United 

Commission on International Religious Freedom, Congress and, as ad

religious nongovernmental organizations. 

(l) PARTICIPATION OF COORDINATOR FOR THE PREVENTION OF WEAP

MASS DESTRUCTION PROLIFERATION AND TERRORISM.—The United 

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. 

32
 
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.— 

(1) A member of the Joint Intelligence Community Council (o

the Chairman) may submit to the Chairman advice or an opin

disagreement with, or advice or an opinion in addition to, the 

presented by the Director of National Intelligence to the Presi

National Security Council, in the role of the Chairman as Cha

the Joint Intelligence Community Council. If a member subm

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. 

33
 
(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. 

RESPONSIBILITIES AND AUTHORITIES OF 

THE DIRECTOR OF NATIONAL INTELLIGENCE
 

SEC. 102A. [50 U.S.C. §403-1] 

(a) PROVISION OF INTELLIGENCE.— 

(1) The Director of National Intelligence shall be responsible 

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 se

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

34 
(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 

(C) present such consolidated National Intelligence P

budget, together with any comments from the heads o

departments containing agencies or organizations wit

intelligence community, to the President for approval

(2) In addition to the information provided under paragraph (1

heads of agencies and organizations within the intelligence co

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. 

35
 
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. 

(C) The Director of National Intelligence shall monito

implementation and execution of the National Intellig

Program by the heads of the elements of the intelligen

community that manage programs and activities that 

the National Intelligence Program, which may includ

evaluations. 

(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

36
 
(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. 

(4) The amounts available for transfer or reprogramming in th

Intelligence Program in any given fiscal year, and the terms a

conditions governing such transfers and reprogrammings, are 

the provisions of annual appropriations Acts and this subsecti

(5)(A) A transfer or reprogramming of funds or personnel ma

under this subsection only if— 

(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 amo

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

37
 
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 

reprogramming and how it satisfies the requirements of this su

In addition, the congressional intelligence committees shall be 

notified of any transfer or reprogramming of funds made purs

subsection in any case in which the transfer or reprogramming 

have otherwise required reprogramming notification under pr

effect as of the date of the enactment of this subsection. 

(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. 

38
 
 

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 

(ii) the transfer supports an emergent need, im

program effectiveness, or increases efficiency

(C) 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) 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

39
 
(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

generated by or within the intelligence comm

national intelligence; 

(ii) determine requirements and priorities for, 

manage and direct the tasking of, collection, 

production, and dissemination of national inte

elements of the intelligence community, inclu

(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

40
 
 

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 c

development of personnel of the intelligence 

community; 

(iii) encourage and facilitate the recruitment a

retention by the intelligence community of hi

qualified individuals for the effective conduc

intelligence activities; 

(iv) ensure that the personnel of the intelligen

community are sufficiently diverse for purpo

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 I

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

41
 
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. 

(g) INTELLIGENCE INFORMATION SHARING.— 

(1) The Director of National Intelligence shall have principal 

ensure maximum availability of and access to intelligence inf

within the intelligence community consistent with national se

requirements. The Director of National Intelligence shall— 

(A) establish uniform security standards and procedur

(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 intelligenc

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

42 
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

(B) to ensure that analysis is based upon all sources a

and 

(C) to ensure that the elements of the intelligence com

regularly conduct competitive analysis of analytic pro

whether such products are produced by or disseminat

elements; 

(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

43
 
 

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; 

(3) ensure that security clearances granted by individual elem

intelligence community are recognized by all elements of the 

community, and under contracts entered into by those agencie

(4) ensure that the process for investigation and adjudication o

application for access to sensitive compartmented information 

performed in the most expeditious manner possible consistent 

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 Inte

(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. 

44
 
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: 

(i) The establishment of special occupational 

involving service, over the course of a career

than one element of the intelligence commun

(ii) The provision of rewards for service in po

undertaking analysis and planning of operatio

involving two or more elements of the intellig

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 

45
 
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. 

(m) ADDITIONAL AUTHORITY WITH RESPECT TO PERSONNEL.— 

(1) In addition to the authorities under subsection (f)(3), the D

National Intelligence may exercise with respect to the personn

Office of the Director of National Intelligence any authority o

Director of the Central Intelligence Agency with respect to th

of the Central Intelligence Agency under the Central Intellige

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 Intelli

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 authoritie

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. 

46
 
National Intelligence may, in such officials 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 (

(D) Each determination or decision required by an au

referred to in the second sentence of section 3(d) of th

Intelligence Agency Act of 1949 shall be based upon 

findings made by the official making such determinat

decision, which findings shall be final and shall be av

within the Office of the Director of National Intellige

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— 

47
 
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. 

(2) If the Director of National Intelligence and the Secretary o

are unable to reach an agreement on a milestone decision und

paragraph (1)(B), the President shall resolve the conflict. 

(3) Nothing in this subsection may be construed to limit the au

the Director of National Intelligence to delegate to any other o

authority to perform the responsibilities of the Director under 

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 Intell

determines can be more efficiently accomplished in a consolidated ma

48
 
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. 

(4) The National Intelligence Council. 

(5) The General Counsel. 

(6) The Civil Liberties Protection Officer. 

(7) The Director of Science and Technology. 

(8) The National Counterintelligence Executive (including the 

the National Counterintelligence Executive). 

(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. 

49
 
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. 

(4) The individual serving as Principal Deputy Director of Na

Intelligence shall not, while so serving, serve in any capacity 

element of the intelligence community. 

(5) The Principal Deputy Director of National Intelligence sha

Director of National Intelligence in carrying out the duties an

responsibilities of the Director. 

(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)— 

50
 
 

(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 

(C) shall not be counted against the numbers and perc

commissioned officers of the rank and grade of such 

authorized for the military department of that officer. 

(5) Except as provided in subparagraph (A) or (B) of paragrap

appointment of an officer of the Armed Forces to a position sp

paragraph (2) shall not affect the status, position, rank, or grad

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 

51
 
(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 

(C) otherwise assist the Director of National Intellige

carrying out the responsibilities of the Director under 

102A. 

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

satisfies the needs of policymakers and other consumers of in

(d) SERVICES AS SENIOR INTELLIGENCE ADVISERS.—Within their res

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. 

52
 
 

 

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. 

(b) PROHIBITION ON DUAL SERVICE AS GENERAL COUNSEL OF ANOT

AGENCY.—The individual serving in the position of General Counsel 

while so serving, also serve as the General Counsel of any other depar

agency, or element of the United States Government. 

(c) SCOPE OF POSITION.—The General Counsel is the chief legal offic

Office of the Director of National Intelligence. 

(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 deve

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

53
 
 

(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 

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

National Intelligence or specified by law. 

(c) USE OF AGENCY INSPECTORS GENERAL.—When appropriate, the C

Liberties Protection Officer may refer complaints to the Office of Insp

General having responsibility for the affected element of the departme

agency of the intelligence community to conduct an investigation und

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.— 

54
 
 

 

intelligence; and 

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

Technology shall prescribe. 

NATIONAL COUNTERINTELLIGENCE EXECUTIVE 

SEC. 103F. [50 U.S.C. §403-3f] 

(a) NATIONAL COUNTERINTELLIGENCE EXECUTIVE.—The National 

Counterintelligence Executive under section 902 of the Counterintelli

Enhancement Act of 2002 (title IX of Public Law 107-306; 50 U.S.C. 

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 i

community; 

(2) have procurement approval authority over all information 

items related to the enterprise architectures of all intelligence 

components; 

55
 
 

 

(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

CENTRAL INTELLIGENCE AGENCY 

SEC. 104. [50 U.S.C. §403-4] 

(a) CENTRAL INTELLIGENCE AGENCY.—There is a Central Intelligenc

(b) FUNCTION.—The function of the Central Intelligence Agency is to 

Director of the Central Intelligence Agency in carrying out the respon

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, agenci

56 
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

Intelligence Agency whenever the Director deems the termina

employment of such officer or employee necessary or advisab

interests of the United States. 

(2) Any termination of employment of an officer or employee 

paragraph (1) shall not affect the right of the officer or employ

or accept employment in any other department, agency, or ele

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

57
 
RESPONSIBILITIES OF THE SECRETARY OF DEFENSE 

PERTAINING TO THE NATIONAL INTELLIGENCE PROGRA

SEC. 105. [50 U.S.C. §403–5] 

(a) IN GENERAL.—Consistent with the sections 102 and 102A, the Sec

Defense, in consultation with the Director of National Intelligence, sh

(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; 

58
 
(B) for the coordination of imagery processing and ex

activities; 

(C) for ensuring the dissemination of imagery in a tim

to authorized recipients; and 

(D) notwithstanding any other provision of law, for— 

(i) prescribing technical architecture and stan

related to imagery intelligence and geospatial 

information and ensuring compliance with su

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 

59 
Defense, in carrying out the functions described in this section, may u

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

of those functions, in addition to, or in lieu of, the elements identified 

section. 

ASSISTANCE TO UNITED STATES LAW ENFORCEMENT AGEN

SEC. 105A. [50 U.S.C. §403–5a] 

(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 States

(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

60
 
 

(C) An unincorporated association substantially comp

United States citizens or permanent resident aliens. 

(D) A corporation incorporated in the United States, e

corporation directed and controlled by a foreign gove

governments. 

DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED 

IN CRIMINAL INVESTIGATIONS; NOTICE OF CRIMINAL 

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 Gene

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. 

61
 
APPOINTMENT OF OFFICIALS RESPONSIBLE 

FOR INTELLIGENCE RELATED ACTIVITIES
 

SEC. 106. [50 U.S.C. §403–6] 

(a) RECOMMENDATION OF DNI IN CERTAIN APPOINTMENTS.— 

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

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. 

62
 
 (c) CONSULTATION WITH DNI IN CERTAIN POSITIONS.— 

(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 consult with the Director of National Intelligenc

appointing an individual to fill the vacancy or recommending 

President an individual to be nominated to fill the vacancy. 

(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 the 

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; 

63
 
economic activities, the continuous operation of which is esse

Nation’s security. 

(c) In performing his functions, the Director of the Office of Defense 

Mobilization shall utilize to the maximum extent the facilities and res

the departments and agencies of the Government. 

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 Unite

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. 

64
 
SEC. 109. [50 U.S.C. §404d] 

(a) IN GENERAL.— 

(1)(A) Not later each year than the date provided in section 50

President shall submit to the congressional intelligence comm

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. 

65
 
NATIONAL MISSION OF THE 

NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
 

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 Intell

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 

66
 
national security interests of the United States. 

(b) ANNUAL AND SPECIAL REPORTS.— 

(1) The President shall report annually to the appropriate com

Congress on the types and volume of intelligence provided to 

Nations and the purposes for which it was provided during the 

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.— 

67
 
 

(2) Nonreimbursable details may be for such periods as are ag

between the heads of the parent and host agencies, up to a ma

three years, except that such details may be extended for a per

exceed one year when the heads of the parent and host agenci

determine that such extension is in the public interest. 

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

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

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. 

68
 
(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 ci

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. 

69
 
 

(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

70
 
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 intell

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. 

71
 
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. 

72
 
(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. 

73
 
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 prioritie

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

74
 
(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. 

75
 
 

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. 

76
 
 

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

77
 
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 nati

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. 

78
 
 

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

79
 
(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

80
 
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

81
 
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 othe

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 o

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. 

82
 
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. 

SEVERABILITY 

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 

upon which the Secretary of Defense first appointed takes office, or th

day after the date of the enactment of this Act. 

83
 
 

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

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 

procedures, each of the congressional intelligence committees shall pr

to the attention of its respective House, or to any appropriate committ

84
 
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

agencies, and entities referred to in subsection (a), shall establish stan

procedures applicable to reports covered by subsection (b). 

85
 
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, whi

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

Intelligence and the heads of all departments, agencies, and entities of 

States Government involved in a covert action— 

86
 
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 int

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

conditions abroad, where it is intended that the role of the United Stat

87
 
(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; 

88
 
(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 

89
 
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 

90
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

91 
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). 

92
 
(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 

93
 
(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). 

94
 
 

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. 

95
 
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 be 

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

96
 
 

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 wil

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 fi

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

97
 
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. 

98
 
(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 

99
 
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. 

100
 
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. 

101
 
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 disputes 

Central Intelligence Agency’s showing with a sworn 

102
 
 

(6) if the court finds under this subsection that the Central Inte

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. 

103
 
(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 e

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. 

104
 
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

105 
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 

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 

106
 
 

(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 Reconnais

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 

107
 
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

108
 
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

109 
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. 

110
 
 

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. 

111
 
(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 di

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 relations 

with, or produced for, the court by the National Secur

112
 
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 thi

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

113
 
 

(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— 

114
 
 

(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. 

(d) INFORMATION DERIVED OR DISSEMINATED FROM EXEMPTED OPE

FILES.— 

115
 
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 di

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

by demonstrating to the court by sworn written submi

116
 
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 requeste

because of failure to comply with any provision of thi

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

117
 
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 

118 
 

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. 

119
 
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 

120 
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 i

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 

121
 
(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

122
 
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

123
 
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 L

236); title XVII of the National Defense Authorization Act for Fiscal 

(Public Law 101–510) (relating to the nonproliferation of missile tech

124
 
 

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. 

125
 
 

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). 

126 
(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. 

127
 
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— 

128
 
 

 

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 secti

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’). 

129
 
 

 

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 criti

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

130 
 

(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: 

131
 
 

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. 

132
 
 

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). 

133
 
(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

134
 
(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

135
 
136
 
 

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 INTEL

SEC. 1011. Reorganization and improvement of management of int

community. 

SEC. 1012. Revised definition of national intelligence. 

SEC. 1013. Joint procedures for operational coordination between D

of Defense and Central Intelligence Agency. 

SEC. 1014. Role of Director of National Intelligence in appointmen

officials responsible for intelligence-related activities. 

SEC. 1015. Executive Schedule matters. 

SEC. 1016. Information sharing. 

SEC. 1017. Alternative analysis of intelligence by the intelligence c

SEC. 1018. Presidential guidelines on implementation and preserva

authorities. 

SEC. 1019. Assignment of responsibilities relating to analytic integ

SEC. 1020. Safeguard of objectivity in intelligence analysis. 

SUBTITLE B—NATIONAL COUNTERTERRORISM CENTER, NATIONAL 

PROLIFERATION CENTER, AND NATIONAL INTELLIGENCE CEN

SEC. 1021. National Counterterrorism Center. 

SEC. 1022. National Counter Proliferation Center. 

137
 
THE INTELLIGENCE COMMUNITY 

SEC. 1041. Additional education and training requirements. 

SEC. 1042. Cross-disciplinary education and training. 

SEC. 1043. Intelligence Community Scholarship Program. 

SUBTITLE E—ADDITIONAL IMPROVEMENTS OF INTELLIGENCE AC

SEC. 1051. Service and national laboratories and the intelligence co

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 o

Intelligence and Director of the Central Intelligence Ag

SEC. 1072. Other conforming amendments. 

SEC. 1073. Elements of intelligence community under National Sec

of 1947. 

SEC. 1074. Redesignation of National Foreign Intelligence Program 

National 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 se

Director of the Central Intelligence Agency. 

SEC. 1078. Authority to establish inspector general for the Office o

Director of National Intelligence. 

SEC. 1079. Ethics matters. 

SEC. 1080. Construction of authority of Director of National Intelli

acquire and manage property and services. 

SEC. 1081. General references. 

SUBTITLE H—TRANSFER, TERMINATION, TRANSITION, AND OTHER P

SEC. 1091. Transfer of Community Management Staff. 

SEC. 1092. Transfer of Terrorist Threat Integration Center. 

138
 
 

SEC. 1097. Effective dates. 

SUBTITLE I—OTHER MATTERS 

SEC. 1101. Study of promotion and professional military education 

selection rates for military intelligence officers. 

SEC. 1102. Extension and improvement of authorities of Public Int

Declassification Board. 

SEC. 1103. Severability. 

TITLE II—FEDERAL BUREAU OF INVESTIGATION 

SEC. 2001. Improvement of intelligence capabilities of the Federal 

Investigation. 

SEC. 2002. Directorate of Intelligence of the Federal Bureau of Inv

SEC. 2003. Federal Bureau of Investigation intelligence career serv

SEC. 2004. Federal Bureau of Investigation Reserve Service. 

SEC. 2005. Federal Bureau of Investigation mandatory separation a

SEC. 2006. Federal Bureau of Investigation use of translators. 

TITLE III—SECURITY CLEARANCES 

SEC. 3001. Security clearances. 

SEC. 3002. Security clearances; Limitations. 

TITLE IV—TRANSPORTATION SECURITY 

SUBTITLE A—NATIONAL STRATEGY FOR TRANSPORTATION SEC

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 s

checkpoints. 

SEC. 4014. Advanced airport checkpoint screening devices. 

SEC. 4015.	 Improvement of screener job performance. 

SEC. 4016. Federal air marshals. 

139
 
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. 

SUBTITLE C—AIR CARGO SECURITY 

SEC. 4051. Pilot program to evaluate use of blast resistant cargo an

containers. 

SEC. 4052. Air cargo security. 

SEC. 4053. Air cargo security regulations. 

SEC. 4054. Report on international air cargo threats. 

SUBTITLE D—MARITIME SECURITY 

SEC. 4071. Watch lists for passengers aboard vessels. 

SEC. 4072. Deadlines for completion of certain plans, reports, and 

assessments. 

SUBTITLE E—GENERAL PROVISIONS 

SEC. 4081. Definitions. 

SEC. 4082. Effective date. 

TITLE V—BORDER PROTECTION, IMMIGRATION, AND VISA MA

SUBTITLE A—ADVANCED TECHNOLOGY 

NORTHERN BORDER SECURITY PILOT PROGRAM 

SEC. 5101. Establishment. 

SEC. 5102. Program requirements. 

SEC. 5103. Administrative provisions. 

SEC. 5104. Report. 

SEC. 5105. Authorization of appropriations. 

140
 
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 t

from terrorist organizations. 

SEC. 5403. Study and report on terrorists in the asylum system. 

SUBTITLE E—TREATMENT OF ALIENS WHO COMMIT ACTS OF TO

EXTRAJUDICIAL KILLINGS, OR OTHER ATROCITIES ABROA

SEC. 5501. Inadmissibility and deportability of aliens who have com

acts of torture or extrajudicial killings abroad. 

SEC. 5502. Inadmissibility and deportability of foreign government 

who have committed particularly severe violations of re

freedom. 

SEC. 5503. Waiver of inadmissibility. 

SEC. 5504. Bar to good moral character for aliens who have comm

torture, extrajudicial killings, or severe violations of rel

freedom. 

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 P

SEC. 6001. Individual terrorists as agents of foreign powers. 

SEC. 6002. Additional semiannual reporting requirements under the 

Intelligence Surveillance Act of 1978. 

SUBTITLE B—MONEY LAUNDERING AND TERRORIST FINANC

SEC. 6101. Additional authorization for finCEN. 

141
 
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 se

officer employment. 

SEC. 6403. Criminal history background checks. 

SUBTITLE F—GRAND JURY INFORMATION SHARING 

SEC. 6501. Grand jury information sharing. 

SUBTITLE G—PROVIDING MATERIAL SUPPORT TO TERRORI

SEC. 6601. Short title. 

SEC. 6602. Receiving military-type training from a foreign terrorist 

organization. 

SEC. 6603. Additions to offense of providing material support to te

SEC. 6604. Financing of terrorism. 

SUBTITLE H—STOP TERRORIST AND MILITARY HOAXES ACT OF 

SEC. 6701. Short title. 

SEC. 6702. Hoaxes and recovery costs. 

SEC. 6703. Obstruction of justice and false statements in terrorism 

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. 

142
 
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, Unit

Code. 

SEC. 6909. Amendments to section 1956(c)(7)(d) of title 18, United 

Code. 

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 ter

TITLE VII—IMPLEMENTATION OF 9/11 COMMISSION RECOMMEND

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. 

SEC. 7105. The relationship between the United States and Saudi A

SEC. 7106. Efforts to combat Islamist terrorism. 

SEC. 7107.	 United States policy toward dictatorships. 

SEC. 7108. Promotion of free media and other American values. 

SEC. 7109. Public diplomacy responsibilities of the Department of 

SEC. 7110. Public diplomacy training. 

SEC. 7111. Promoting democracy and human rights at international 

organizations. 

SEC. 7112. Expansion of United States scholarship and exchange p

the Islamic world. 

143
 
 

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 SCREENI

SEC. 7201. Counterterrorist travel intelligence. 

SEC. 7202. Establishment of human smuggling and trafficking cent

SEC. 7203. Responsibilities and functions of consular officers. 

SEC. 7204. International agreements to track and curtail terrorist tra

the use of fraudulently obtained documents. 

SEC. 7205. International standards for transliteration of names into 

alphabet for international travel documents and name-b

watchlist systems. 

SEC. 7206. Immigration security initiative. 

SEC. 7207. Certification regarding technology for visa waiver parti

SEC. 7208. Biometric entry and exit data system. 

SEC. 7209. Travel documents. 

SEC. 7210. Exchange of terrorist information and increased preinsp

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 num

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 

Department of State. 

SEC. 7219. Effective date. 

SEC. 7220. Identification standards. 

SUBTITLE C—NATIONAL PREPAREDNESS 

SEC. 7301. The incident command system. 

144
 
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 sys

SEC. 7404. Pilot study to move warning systems into the modern di

SEC. 7405. Required coordination. 

SEC. 7406. Emergency preparedness compacts. 

SEC. 7407. Responsibilities of counternarcotics office. 

SEC. 7408. Use of counternarcotics enforcement activities in certai

performance appraisals. 

SUBTITLE E—PUBLIC SAFETY SPECTRUM 

SEC. 7501. Digital television conversion deadline. 

SEC. 7502. Studies on telecommunications capabilities and require

SUBTITLE F—PRESIDENTIAL TRANSITION 

SEC. 7601. Presidential transition. 

SUBTITLE G—IMPROVING INTERNATIONAL STANDARDS AN

COOPERATION TO FIGHT TERRORIST FINANCING
 

SEC. 7701. Improving international standards and cooperation to fi

financing. 

SEC. 7702. Definitions. 

SEC. 7703. Expanded reporting and testimony requirements for the 

of the 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 prepare

response and consumer education. 

SEC. 7803. Emergency Securities Response Act of 2004. 

SEC. 7804. Private sector preparedness. 

145
 
SUBTITLE B—DEPARTMENT OF HOMELAND SECURITY MATT

SEC. 8201. Homeland security geospatial information. 

SUBTITLE C—HOMELAND SECURITY CIVIL RIGHTS AND 

CIVIL LIBERTIES PROTECTION 

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 

General. 

SEC. 8305. Privacy officer. 

SEC. 8306. Protections for human research subjects of the Departm

Homeland Security. 

SUBTITLE D—OTHER MATTERS 

SEC. 8401. Amendments to Clinger-Cohen Act provisions to enhan

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 ticket

suspended 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”. 

146
 
(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: 

[amendments omitted here – see the National Security Act of 1947 in 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the human intelligence officers of the intelligence commu

performed admirably and honorably in the face of great perso

dangers; 

(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 

147
 
(A) A strategy for improving the conduct of analysis 

strategic analysis) by the Central Intelligence Agency

progress of the Agency in implementing that strategy

(B) A strategy for improving the human intelligence a

capabilities of the Agency, and the progress of the Ag

implementing that strategy. 

(2)(A) The information in the report under paragraph (1) on th

referred to in paragraph (1)(B) shall— 

(i) identify the number and types of personne

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 

148
 
SEC. 1013. 

(a) Development of Procedures- The Director of National Intelligenc

consultation with the Secretary of Defense and the Director of the Cen

Intelligence Agency, shall develop joint procedures to be used by the 

of Defense and the Central Intelligence Agency to improve the coordi

deconfliction of operations that involve elements of both the Armed F

the Central Intelligence Agency consistent with national security and 

protection of human intelligence sources and methods. Those procedu

a minimum, provide the following: 

(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. 

149
 
by striking all after the heading and inserting the following: 

[amendments omitted here – see the National Security Act of 1947 in 

EXECUTIVE SCHEDULE MATTERS 

SEC. 1015. 

(a) EXECUTIVE SCHEDULE LEVEL I.—Section 5312 of title 5, United 

Code, is amended by adding at the end the following new item: 

“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)). 

150
 
sharing of terrorism and homeland security information, whic

include any method determined necessary and appropriate for 

out this section. 

(4) PROGRAM MANAGER.—The term “program manager” me

program manager designated under subsection (f). 

(5) TERRORISM INFORMATION.—The term “terrorism informa

(A) means all information, whether collected, produc

distributed by intelligence, law enforcement, military

security, or other activities relating to— 

(i) the existence, organization, capabilities, pl

intentions, vulnerabilities, means of finance o

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

151
 
(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

President shall, to the greatest extent practicable, ensure that t

provides the functional equivalent of, or otherwise supports, a 

decentralized, distributed, and coordinated environment that— 

(A) connects existing systems, where appropriate, pro

single points of failure, and allows users to share info

among agencies, between levels of government, and, 

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 accou

and facilitate oversight, including audits, authenticati

access controls; 

(J) integrates the information within the scope of the i

sharing environment, including any such information 

technologies; 

(K) integrates technologies, including all legacy techn

through Internet-based services, consistent with appro

152
 
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

retention of information within the scope of the inform

sharing environment; and 

(O) incorporates continuous, real-time, and immutabl

capabilities, to the maximum extent possible. 

(c) PRELIMINARY REPORT.—Not later than 180 days after the date of 

enactment of this Act, the program manager shall, in consultation with 

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 Oversi

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— 

153
 
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. 

(2) A description of the impact on enterprise architectures of 

participating agencies. 

(3) A budget estimate that identifies the incremental costs ass

with designing, testing, integrating, deploying, and operating 

(4) A project plan for designing, testing, integrating, deployin

operating the ISE. 

(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 unde

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

154
 
(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

removed from service or replaced by the President (at the Pre

sole discretion). The program manager, in consultation with th

any affected department or agency, shall have and exercise 

governmentwide authority over the sharing of information wi

scope of the information sharing environment, including hom

security information, terrorism information, and weapons of m

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

155
 
(i) take into account the varying missions and 

requirements of agencies participating in the 

(ii) address development, implementation, an

of technical standards and requirements; 

(iii) take into account ongoing and planned ef

support development, implementation and ma

of the ISE; 

(iv) address and facilitate information sharing 

and among departments and agencies of the i

community, the Department of Defense, the h

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; 

156
 
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; 

(E) recommend solutions to address any gaps identifi

subparagraph (D); 

(F) recommend means by which the ISE can be exten

allow interchange of information between Federal dep

and agencies and appropriate authorities of State and 

governments; 

(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). 

157
 
(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; 

(D) actions taken to ensure that procurement of and in

in systems and technology are consistent with the 

implementation plan for the ISE; 

(E) the extent to which all terrorism watch lists are av

combined searching in real time through the ISE and 

there are consistent standards for placing individuals 

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); 

158
 
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

House of Representatives, and the Permanent Select Committ

Intelligence of the House of Representatives on the feasibility 

(A) eliminating the use of any marking or process (in

“Originator Control”) intended to, or having the effec

restricting the sharing of information within the scope 

information sharing environment, including homeland 

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 

159
 
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 

(ii) such use is consistent with any mission of 

department, agency, or component (including 

mission under a Federal statute or directive o

President) that involves the storage, retention

exchange of personally identifiable informati

(2) DEFINITION.—In this subsection, the term ‘anonymized da

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. 

160
 
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). 

PRESIDENTIAL GUIDELINES ON IMPLEMENTATION 

AND PRESERVATION OF AUTHORITIES
 

SEC. 1018. 

The President shall issue guidelines to ensure the effective implement

execution within the executive branch of the authorities granted to the 

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. 

161
 
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; 

(B) shall perform, on a regular basis, detailed reviews 

intelligence product or other analytic products by an e

elements of the intelligence community covering a pa

topic or subject matter; 

(C) shall be responsible for identifying on an annual b

functional or topical areas of analysis for specific rev

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). 

162
 
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

the Director of National Intelligence who shall be available to analyst

Office of the Director of National Intelligence to counsel, conduct arb

offer recommendations, and, as appropriate, initiate inquiries into real 

perceived problems of analytic tradecraft or politicization, biased repo

lack of objectivity in intelligence analysis. 

(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 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 

163
 
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 

SUBTITLE C—JOINT INTELLIGENCE COMMUNITY COUNC

JOINT INTELLIGENCE COMMUNITY COUNCIL 

SEC. 1031. 

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; 

164
 
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 

requirements. Each report shall notify Congress of any additio

resources determined by the Director to be required to meet su

requirements. 

(4) Each report under paragraph (3) shall be in unclassified fo

may include a classified annex. 

(c) PROFESSIONAL INTELLIGENCE TRAINING.—The Director of Nation

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 

165
 
[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 

Department of Energy may, acting through the relevant Secretary and 

manner consistent with the missions and commitments of the laborato

(1) assist the Director of National Intelligence in all aspects o

intelligence, including research, applied sciences, analysis, tec

evaluation and assessment, and any other aspect that the relev

Secretary considers appropriate; and 

(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; 

166
 
(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— 

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

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

Representatives. 

NATIONAL INTELLIGENCE RESERVE CORPS 

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. 

167
 
(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. 

SUBTITLE F—PRIVACY AND CIVIL LIBERTIES 

PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD 

SEC. 1061. 

(a) IN GENERAL.—There is established as an independent agency w

executive branch a Privacy and Civil Liberties Oversight Board (refer

this section as the ‘Board’). 

(b) FINDINGS.—Consistent with the report of the National Commiss

Terrorist Attacks Upon the United States, Congress makes the followi

findings: 

(1) In conducting the war on terrorism, the Government may n

additional powers and may need to enhance the use of its exis

powers. 

(2) This shift of power and authority to the Government calls 

enhanced system of checks and balances to protect the preciou

that are vital to our way of life and to ensure that the Governm

powers for the purposes for which the powers were given. 

(3) The National Commission on Terrorist Attacks Upon the U

States correctly concluded that ‘The choice between security 

is a false choice, as nothing is more likely to endanger Americ

liberties than the success of a terrorist attack at home. Our his

shown us that insecurity threatens liberty. Yet, if our liberties 

curtailed, we lose the values that we are struggling to defend.

(c) PURPOSE.—The Board shall— 

(1) analyze and review actions the executive branch takes to p

Nation from terrorism, ensuring that the need for such actions 

with the need to protect privacy and civil liberties; and 

168
 
(A) review proposed legislation, regulations, and poli

to efforts to protect the Nation from terrorism, includi

development and adoption of information sharing gui

under subsections (d) and (f) of section 1016; 

(B) review the implementation of new and existing le

regulations, and policies related to efforts to protect th

from terrorism, including the implementation of infor

sharing guidelines under subsections (d) and (f) of sec

(C) advise the President and the departments, agencie

elements of the executive branch to ensure that privac

liberties are appropriately considered in the developm

implementation of such legislation, regulations, polic

guidelines; and 

(D) in providing advice on proposals to retain or enha

particular governmental power, consider whether the 

agency, or element of the executive branch has establ

(i) that the need for the power is balanced wit

to protect privacy and civil liberties; 

(ii) that there is adequate supervision of the u

executive branch of the power to ensure prote

privacy and civil liberties; and 

(iii) that there are adequate guidelines and ov

properly confine its use. 

(2) OVERSIGHT.—The Board shall continually review— 

(A) the regulations, policies, and procedures, and the 

implementation of the regulations, policies, and proce

the departments, agencies, and elements of the execut

relating to efforts to protect the Nation from terrorism 

that privacy and civil liberties are protected; 

(B) the information sharing practices of the departme

agencies, and elements of the executive branch relatin

to protect the Nation from terrorism to determine whe

appropriately protect privacy and civil liberties and ad

information sharing guidelines issued or developed un

subsections (d) and (f) of section 1016 and to other go

169
 
(ii) are consistent with governing laws, regula

policies regarding privacy and civil liberties. 

(3) RELATIONSHIP WITH PRIVACY AND CIVIL LIBER

OFFICERS.— The Board shall— 

(A) receive and review reports and other information 

privacy officers and civil liberties officers under secti

(B) when appropriate, make recommendations to such 

officers and civil liberties officers regarding their acti

(C) when appropriate, coordinate the activities of suc

officers and civil liberties officers on relevant interag

matters. 

(4) TESTIMONY.—The members of the Board shall appear a

before Congress upon request. 

(e) REPORTS.— 

(1) IN GENERAL.—The Board shall— 

(A) receive and review reports from privacy officers a

liberties officers under section 1062; and 

(B) periodically submit, not less than semiannually, r

(i)(I) to the appropriate committees of Congre

including the Committee on the Judiciary of t

the Committee on the Judiciary of the House 

Representatives, the Committee on Homeland 

and Governmental Affairs of the Senate, the C

on Homeland Security of the House of Repre

the Committee on Oversight and Governmen

the House of Representatives, the Select Com

Intelligence of the Senate, and the Permanent 

Committee on Intelligence of the House of 

Representatives; and 

(II) to the President; and 

(ii) which shall be in unclassified form to the 

extent possible, with a classified annex where 

(2) CONTENTS.—Not less than 2 reports submitted each yea

paragraph (1)(B) shall include— 

(A) a description of the major activities of the Board 

preceding period; 

170
 
(D) each proposal reviewed by the Board under subse

that— 

(i) the Board advised against implementation

(ii) notwithstanding such advice, actions were 

implement; and 

(E) for the preceding period, any requests submitted u

subsection (g)(1)(D) for the issuance of subpoenas th

modified or denied by the Attorney General. 

(f) INFORMING THE PUBLIC.—The Board shall— 

(1) make its reports, including its reports to Congress, availab

public to the greatest extent that is consistent with the protecti

classified information and applicable law; and 

(2) hold public hearings and otherwise inform the public of its 

as appropriate and in a manner consistent with the protection 

classified information and applicable law. 

(g) ACCESS TO INFORMATION.— 

(1) AUTHORIZATION.—If determined by the Board to be n

carry out its responsibilities under this section, the Board is au

to— 

(A) have access from any department, agency, or elem

executive branch, or any Federal officer or employee 

department, agency, or element, to all relevant record

audits, reviews, documents, papers, recommendations

relevant material, including classified information con

with applicable law; 

(B) interview, take statements from, or take public tes

from personnel of any department, agency, or elemen

executive branch, or any Federal officer or employee 

department, agency, or element; 

(C) request information or assistance from any State, 

local government; and 

(D) at the direction of a majority of the members of th

submit a written request to the Attorney General of th

States that the Attorney General require, by subpoena

(other than departments, agencies, and elements of th

branch) to produce any relevant information, docume

171
 
 

(i) issue the subpoena as requested; or 

(ii) provide the Board, in writing, with an exp

the grounds on which the subpoena request h

modified or denied. 

(B) NOTIFICATION.—If a subpoena request is mod

denied under subparagraph (A)(ii), the Attorney Gene

not later than 30 days after the date of that modificati

denial, notify the Committee on the Judiciary of the S

the Committee on the Judiciary of the House of Repre

(3) ENFORCEMENT OF SUBPOENA.—In the case of contu

failure to obey a subpoena issued pursuant to paragraph (1)(D

United States district court for the judicial district in which th

subpoenaed person resides, is served, or may be found may is

order requiring such person to produce the evidence required 

subpoena. 

(4) AGENCY COOPERATION.—Whenever information or 

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, a

element concerned without delay. The head of the department

element concerned shall ensure that the Board is given access 

information, assistance, material, or personnel the Board dete

be necessary to carry out its functions. 

(h) MEMBERSHIP.— 

(1) MEMBERS.—The Board shall be composed of a fulltime 

and 4 additional members, who shall be appointed by the Pres

and with the advice and consent of the Senate. 

(2) QUALIFICATIONS.—Members of the Board shall be sel

solely on the basis of their professional qualifications, achieve

public stature, expertise in civil liberties and privacy, and rele

experience, and without regard to political affiliation, but in n

shall more than 3 members of the Board be members of the sa

political party. The President shall, before appointing an indiv

is not a member of the same political party as the President, c

the leadership of that party, if any, in the Senate and House of 

Representatives. 

172
 
(A) a member appointed to a term of office after the 

commencement of such term may serve under such ap

only for the remainder of such term; and 

(B) upon the expiration of the term of office of a mem

member shall continue to serve until the member’s su

been appointed and qualified, except that no member 

under this subparagraph— 

(i) for more than 60 days when Congress is in 

unless a nomination to fill the vacancy shall h

submitted to the Senate; or 

(ii) after the adjournment sine die of the sessi

Senate in which such nomination is submitted

(5) QUORUM AND MEETINGS.—The Board shall meet up

of the chairman or a majority of its members. Three members 

Board shall constitute a quorum. 

(i) COMPENSATION AND TRAVEL EXPENSES.— 

(1) COMPENSATION.— 

(A) CHAIRMAN.—The chairman of the Board shall be 

compensated at the rate of pay payable for a position at 

the Executive Schedule under section 5314 of title 5, U

Code. 

(B) MEMBERS.—Each member of the Board shall be 

compensated at a rate of pay payable for a position at le

the Executive Schedule under section 5315 of title 5, U

Code, for each day during which that member is engage

actual performance of the duties of the Board. 

(2) TRAVEL EXPENSES.—Members of the Board shall be a

travel expenses, including per diem in lieu of subsistence, at r

authorized for persons employed intermittently by the Govern

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. 

(j) STAFF.— 

(1) APPOINTMENT AND COMPENSATION.—The chairm

Board, in accordance with rules agreed upon by the Board, sh

and fix the compensation of a full-time executive director and 

173
 
payable for a position at level V of the Executive Schedule un

5316 of title 5, United States Code. 

(2) DETAILEES.—Any Federal employee may be detailed to 

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 th

temporary or intermittent services of experts and consultants i

accordance with section 3109 of title 5, United States Code, a

do not exceed the daily rate paid a person occupying a positio

IV of the Executive Schedule under section 5315 of such title

(k) SECURITY CLEARANCES.— 

(1) IN GENERAL.—The appropriate departments, agencies, 

elements of the executive branch shall cooperate with the Boa

expeditiously provide the Board members and staff with appr

security clearances to the extent possible under existing proce

requirements. 

(2) RULES AND PROCEDURES.—After consultation with 

Secretary of Defense, the Attorney General, and the Director 

Intelligence, the Board shall adopt rules and procedures of the 

physical, communications, computer, document, personnel, an

security relating to carrying out the functions of the Board. 

(l) TREATMENT AS AGENCY, NOT AS ADVISORY COMMITTE

Board— 

(1) is an agency (as defined in section 551(1) of title 5, United 

Code); and 

(2) is not an advisory committee (as defined in section 3(2) of 

Federal Advisory Committee Act (5 U.S.C. App.)). 

(m) AUTHORIZATION OF APPROPRIATIONS.—There are author

appropriated to carry out this section amounts as follows: 

(1) For fiscal year 2008, $5,000,000. 

(2) For fiscal year 2009, $6,650,000. 

(3) For fiscal year 2010, $8,300,000. 

(4) For fiscal year 2011, $10,000,000. 

(5) For fiscal year 2012 and each subsequent fiscal year, such 

may be necessary. 

174
 
 

Health and Human Services, the Secretary of Homeland Security, the 

National Intelligence, the Director of the Central Intelligence Agency

head of any other department, agency, or element of the executive bra

designated by the Privacy and Civil Liberties Oversight Board under s

1061 to be appropriate for coverage under this section shall designate 

than 1 senior officer to serve as the principal advisor to— 

(1) assist the head of such department, agency, or element and 

officials of such department, agency, or element in appropriat

considering privacy and civil liberties concerns when such off

proposing, developing, or implementing laws, regulations, po

procedures, or guidelines related to efforts to protect the Natio

terrorism; 

(2) periodically investigate and review department, agency, or 

actions, policies, procedures, guidelines, and related laws and 

implementation to ensure that such department, agency, or ele

adequately considering privacy and civil liberties in its action

(3) ensure that such department, agency, or element has adequ

procedures to receive, investigate, respond to, and redress com

from individuals who allege such department, agency, or elem

violated their privacy or civil liberties; and 

(4) in providing advice on proposals to retain or enhance a pa

governmental power the officer shall consider whether such d

agency, or element has established— 

(A) that the need for the power is balanced with the n

protect privacy and civil liberties; 

(B) that there is adequate supervision of the use by su

department, agency, or element of the power to ensur

of privacy and civil liberties; and 

(C) that there are adequate guidelines and oversight to 

confine its use. 

(b) EXCEPTION TO DESIGNATION AUTHORITY.— 

(1) PRIVACY OFFICERS.—In any department, agency, or e

referred to in subsection (a) or designated by the Privacy and 

Liberties Oversight Board, which has a statutorily created priv

officer, such officer shall perform the functions specified in su

(a) with respect to privacy. 

175
 
(1) report directly to the head of the department, agency, or el

concerned; and 

(2) coordinate their activities with the Inspector General of su

department, agency, or element to avoid duplication of effort. 

(d) AGENCY COOPERATION.—The head of each department, agen

element shall ensure that each privacy officer and civil liberties office

(1) has the information, material, and resources necessary to f

functions of such officer; 

(2) is advised of proposed policy changes; 

(3) is consulted by decision makers; and 

(4) is given access to material and personnel the officer determ

necessary to carry out the functions of such officer. 

(e) REPRISAL FOR MAKING COMPLAINT.—No action constituti

reprisal, or threat of reprisal, for making a complaint or for disclosing 

information to a privacy officer or civil liberties officer described in s

(a) or (b), or to the Privacy and Civil Liberties Oversight Board, that i

possible violation of privacy protections or civil liberties in the admin

the programs and operations of the Federal Government relating to eff

protect the Nation from terrorism shall be taken by any Federal emplo

position to take such action, unless the complaint was made or the inf

was disclosed with the knowledge that it was false or with willful disr

its truth or falsity. 

(f) PERIODIC REPORTS.— 

(1) IN GENERAL.—The privacy officers and civil liberties o

each department, agency, or element referred to or described i

subsection (a) or (b) shall periodically, but not less than quart

a report on the activities of such officers— 

(A)(i) to the appropriate committees of Congress, inc

Committee on the Judiciary of the Senate, the Commi

Judiciary of the House of Representatives, the Comm

Homeland Security and Governmental Affairs of the 

Committee on Oversight and Government Reform of 

of Representatives, the Select Committee on Intellige

Senate, and the Permanent Select Committee on Intel

the House of Representatives; 

176
 
(2) CONTENTS.—Each report submitted under paragraph (1

include information on the discharge of each of the functions 

officer concerned, including— 

(A) information on the number and types of reviews u

(B) the type of advice provided and the response give

advice; 

(C) the number and nature of the complaints received 

department, agency, or element concerned for alleged 

and 

(D) a summary of the disposition of such complaints, 

and inquiries conducted, and the impact of the activiti

officer. 

(g) INFORMING THE PUBLIC.—Each privacy officer and civil libe

shall— 

(1) make the reports of such officer, including reports to Cong

available to the public to the greatest extent that is consistent 

protection of classified information and applicable law; and 

(2) otherwise inform the public of the activities of such office

appropriate and in a manner consistent with the protection of 

information and applicable law. 

(h) SAVINGS CLAUSE.—Nothing in this section shall be construed 

otherwise supplant any other authorities or responsibilities provided b

privacy officers or civil liberties officers. 

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)). 

177 
(H) Section 105B(b) (50 U.S.C. §403-5b(b)), the first 

appears. 

(I) Section 110(b) (50 U.S.C. §404e(b)).
 

(J) Section 110(c) (50 U.S.C. §404e(c)).
 

(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)). 

178
 
(A) Section 105(a)(2) (50 U.S.C. §403-5(a)(2)). 

(B) Section 105B(a)(2) (50 U.S.C. §403-5b(a)(2)). 

(C) Section 105B(b) (50 U.S.C. §403-5b(b)), the seco

appears. 

(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: 

179
 
provisions and inserting Director of National Intelligence: 

(A) Section 6 (50 U.S.C. §403g). 

(B) Section 17(f) (50 U.S.C. §403q(f)), both places it 

(2) That Act is further amended by striking “of Central Intelli

each of the following provisions: 

(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.— 

180
 
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. 

181
 
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

182
 
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 ame

(i) in subsection (c), by striking “Office of the 

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”. 

183
 
“(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— 

184
 
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; 

(3) by striking the item relating to section 114 and inserting th

new item: 

185
 
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

AUTHORITY TO ESTABLISH INSPECTOR GENERAL FOR 

THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGEN

SEC. 1078. 

The Inspector General Act of 1978 (5 U.S.C. App.) is amended by ins

section 8J the following new section: 

“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

186 
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.

(c) EXEMPTION FROM FINANCIAL DISCLOSURES.—Section 105(a)(1) 

Ethics in Government Act (5 U.S.C. App.) is amended by inserting “th

the Director of National Intelligence,” before “the Central Intelligence 

CONSTRUCTION OF AUTHORITY OF DIRECTOR OF NATIONAL INTE

TO ACQUIRE AND MANAGE PROPERTY AND SERVICES 

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.”. 

187
 
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. 

SUBTITLE H—TRANSFER, TERMINATION,
 

TRANSITION, AND OTHER PROVISIONS
 

TRANSFER OF COMMUNITY MANAGEMENT STAFF
 

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

188
 
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

(2) The Assistant Director of Central Intelligence for Analysi

Production. 

(3) The Assistant Director of Central Intelligence for Adminis

IMPLEMENTATION PLAN 

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. 

189
 
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. 

TRANSITIONAL AUTHORITIES 

SEC. 1096. 

(a) IN GENERAL.—Upon the request of the Director of National Intelli

head of any executive agency may, on a reimbursable basis, provide s

detail personnel to the Director of National Intelligence. 

(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

190
 
section 1094. 

(3) Not later than one year after the date of the enactment of t

Director of National Intelligence shall prescribe regulations, p

procedures, standards, and guidelines required under section 1

National Security Act of 1947, as amended by section 1011(a

Act. 

SUBTITLE I—OTHER MATTERS
 

STUDY OF PROMOTION AND PROFESSIONAL MILITARY EDUC

SCHOOL SELECTION RATES FOR MILITARY INTELLIGENCE OF

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 

191
 
(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 a ti

manner with respect to any congressional request, made by the co

jurisdiction, to declassify certain records or to reconsider a declin

declassify specific records.”. 

(c) RECOMMENDATIONS ON SPECIAL SEARCHES.—Section 704(c)(2)(

Act (114 Stat. 2860) is amended by inserting before the period the fol

and also including specific requests for the declassification of certain 

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

shall review in a timely manner certain records or declinations to 

specific records, the declassification of which has been the subjec

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 congre

request for declassification review described in section 703(b)(5), 

shall advise the originators of the request in a timely manner whet

Board intends to 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 in

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. 

192
 
(1) CONTROLLED SUBSTANCE.—The term controlled su

has the meaning given that term in section 102 of the Control

Substances Act (21 U.S.C. 802). 

(2) COVERED PERSON.—The term ‘covered person’ mean

(A) an officer or employee of a Federal agency; 

(B) a member of the Army, Navy, Air Force, or Marin

who is on active duty or is in an active status; and 

(C) an officer or employee of a contractor of a Federa

(3) RESTRICTED DATA.—The term ‘Restricted Data’ has t

given that term in section 11 of the Atomic Energy Act of 195

U.S.C. 2014). 

(4) SPECIAL ACCESS PROGRAM.—The term ‘special acc

program’ has the meaning given that term in section 4.1 of Ex

Order No. 12958 (60 Fed. Reg. 19825). 

(b) PROHIBITION.—After January 1, 2008, the head of a Federal ag

not grant or renew a security clearance for a covered person who is an 

user of a controlled substance or an addict (as defined in section 102(

Controlled Substances Act (21 U.S.C. 802)). 

(c) DISQUALIFICATION.— 

(1) IN GENERAL.—After January 1, 2008, absent an express 

waiver granted in accordance with paragraph (2), the head of 

agency may not grant or renew a security clearance described 

paragraph (3) for a covered person who— 

(A) has been convicted in any court of the United Sta

crime, was sentenced to imprisonment for a term exce

year, and was incarcerated as a result of that sentence 

than 1 year; 

(B) has been discharged or dismissed from the Armed 

under dishonorable conditions; or 

(C) is mentally incompetent, as determined by an adju

authority, based on an evaluation by a duly qualified 

health professional employed by, or acceptable to and 

by, the United States Government and in accordance 

adjudicative guidelines required by subsection (d). 

(2) WAIVER AUTHORITY.—In a meritorious case, an exce

disqualification in this subsection may be authorized if there a

193 
(3) COVERED SECURITY CLEARANCES.—This subsecti

to security clearances that provide for access to— 

(A) special access programs; 

(B) Restricted Data; or 

(C) any other information commonly referred to as ‘s

compartmented information’. 

(4) ANNUAL REPORT.— 

(A) REQUIREMENT FOR REPORT.—Not later tha

1 of each year, the head of a Federal agency shall sub

to the appropriate committees of Congress if such age

employs or employed a person for whom a waiver wa

in accordance with paragraph (2) during the preceding 

Such annual report shall not reveal the identity of suc

but shall include for each waiver issued the disqualify

under paragraph (1) and the reasons for the waiver of 

disqualifying factor. 

(B) DEFINITIONS.—In this paragraph: 

(i) APPROPRIATE COMMITTEES OF 

CONGRESS.—The term ‘appropriate comm

Congress’ means, with respect to a report sub

under subparagraph (A) by the head of a Fede

agency— 

(I) the congressional defense commit

(II) the congressional intelligence com

(III) the Committee on Homeland Se

Governmental Affairs of the Senate; 

(IV) the Committee on Oversight and 

Government Reform of the House of 

Representatives; and 

(V) each Committee of the Senate or the Hou

Representatives with oversight authority over 

Federal agency. 

(ii) CONGRESSIONAL DEFENSE COMMITTEES.

‘congressional defense committees’ has the meaning 

term in section 101(a)(16) of title 10, United States C

194
 
adjudicative guidelines for determining eligibility for access t

information. 

(2) REQUIREMENTS RELATED TO MENTAL HEALTH.—

guidelines required by paragraph (1) shall— 

(A) include procedures and standards under which a c

person is determined to be mentally incompetent and 

means to appeal such a determination; and 

(B) require that no negative inference concerning the 

in the guidelines may be raised solely on the basis of 

mental health counseling. 

195
 
196
 
 

 

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. 

197
 
 

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

198
 
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

199
 
and any territory or possession of the United States) on leave 

each officer or employee of the Agency who was a resident of 

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. 

200
 
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 Director

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 hospitali

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

201
 
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

202 
 

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) of 

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

203
 
 

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 o

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. 

204
 
 

 

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 

205
 
 

 

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. 

206
 
 

 

 

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

207
 
 

 

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

208
 
 

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 unde

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

209 
 

Director under subsection (a) of this section. Such penalties shall not e

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 perso

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— 

210
 
(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, 1991

participant or retired participant in the Central Intellig

211
 
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

212
 
 

(i) was an individual referred to in paragraph 

an individual covered under a benefits plan a

member at any time during the 18-month peri

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

213
 
(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. 

214
 
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

215
 
 

 

 

 

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); 

216 
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 [5

§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— 

217
 
 

(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 

218
 
 

 

(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 

219
 
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 f

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 enf

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

220
 
 

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 title

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. 

221
 
 

(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; 

222
 
 

 

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 Intellig

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 instrumental

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”); 

223
 
(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. 

224
 
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

225
 
 

 

 

 

 

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

226
 
 

 

 

 

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 Ag

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 

227
 
 

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 the 

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 

228
 
 

 

 

 

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 the 

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 

229
 
 

 

 

 

 

(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 the 

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— 

230
 
 

 

 

 

 

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— 

231
 
(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

232
 
 

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

233 
234
 
[SEC. 2. Repealed. Pub .L. 104-201, SEC. 1633, Sept. 9, 1996, 110 St

SEC. 3. (Amended section 1581(a) of Title 10, Armed Forces.) 

[SEC. 4. Repealed. Pub .L. 104-201, SEC. 1633, Sept. 9, 1996, 110 St

SEC. 5. Officers and employees of the National Security Agency who 

citizens or nationals of the United States may be granted additional 

compensation, in accordance with regulations which shall be prescrib

Secretary of Defense, not in excess of additional compensation author

section 207 of the Independent Offices Appropriation Act, 1949, as am

U.S.C. 118h) (see 5 U.S.C. 5941), for employees whose rates of basic 

compensation are fixed by statute. 

SEC. 6. 

(a) Except as provided in subsection (b) of this section, nothing in this 

other law (including, but not limited to, the first section and section 2 

of August 28, 1935 (5 U.S.C. 654) (repealed by Pub. L. 86-626, title I

July 12, 1960, 74 Stat. 427)) shall be construed to require the disclosu

organization or any function of the National Security Agency, or any 

with respect to the activities thereof, or of the names, titles, salaries, o

the persons employed by such agency. 

(b) The reporting requirements of section 1582 of title 10, United Stat

shall apply to positions established in the National Security Agency in 

manner provided by section 4 of this Act. 

[SEC. 7. Repealed. Pub. L. 89-554, SEC. 8(a), Sept. 6, 1966, 80 Stat. 6

SEC. 8. The foregoing provisions of this Act shall take effect on the fi

the first pay period which begins later than the thirtieth day following 

enactment of this Act. 

SEC. 9. 

(a) Notwithstanding section 322 of the Act of June 30, 1932 (40 U.S.C

section 5536 of title 5, United States Code, and section 2675 of title 1

235
 
Defense, may provide to certain civilian and military personnel of the 

Department of Defense who are assigned to special cryptologic activit

the United States and who are designated by the Secretary of Defense 

purposes of this subsection -

(1) allowances and benefits – 

(A) comparable to those provided by the Secretary of State to 

of the Foreign Service under chapter 9 of title I of the Foreign 

Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision o

(B) in the case of selected personnel serving in circumstances 

those in which personnel of the Central Intelligence Agency s

comparable to those provided by the Director of Central Intell

personnel of the Central Intelligence Agency; 

(2) housing (including heat, light, and household equipment) with

such personnel, if the Director of the National Security Agency, o

the Secretary of Defense determines that it would be in the public 

provide such housing; and 

(3) special retirement accrual in the same manner provided in sect

the Central Intelligence Agency Retirement Act (50 U.S.C. 403 n

U.S.C. 2001 et seq.) and in section 18 of the Central Intelligence A

of 1949 (50 U.S.C. 403r). 

(c) The authority of the Director of the National Security Agency, on 

the Secretary of Defense, to make payments under subsections (a) and 

under contracts for leases entered into under subsection (a), is effectiv

fiscal year only to the extent that appropriated funds are available for 

purpose. 

(d) Members of the Armed Forces may not receive benefits under both 

subsection (b)(1) and title 37, United States Code, for the same purpo

Secretary of Defense shall prescribe such regulations as may be neces

carry out this subsection. 

(e) Regulations issued pursuant to subsection (b)(1) shall be submitted 

Permanent Select Committee on Intelligence of the House of Represen

the Select Committee on Intelligence of the Senate before such regula

effect. 

236
 
(1) may provide for the training and instruction to be furnished, in

functional and geographic area specializations; 

(2) may arrange for training and instruction through other Govern

agencies and, in any case in which appropriate training or instruct

unavailable through Government facilities, through nongovernme

facilities that furnish training and instruction useful in the fields o

and foreign affairs; 

(3) may support programs that furnish necessary language and lan

related skills, including, in any case in which appropriate program

unavailable at Government facilities, support through contracts, g

cooperation with nongovernmental educational institutions; and 

(4) may obtain by appointment or contract the services of individu

as language instructors, linguists, or special language project pers

(b)(1) In order to maintain necessary capability in foreign language sk

related abilities needed by the National Security Agency, the Director

regard to subchapter IV of chapter 55 of title 5, United States Code, m

special monetary or other incentives to encourage civilian cryptologic 

of the Agency to acquire or retain proficiency in foreign languages or 

related abilities needed by the Agency. 

(2) In order to provide linguistic training and support for cryptolo

personnel, the Director – 

(A) may pay all or part of the tuition and other expenses relate

training of personnel who are assigned or detailed for languag

language-related training, orientation, or instruction; and 

(B) may pay benefits and allowances to civilian personnel in 

accordance with chapters 57 and 59 of title 5, United States C

military personnel in accordance with chapter 7 of title 37, Un

Code, and applicable provisions of title 10, United States Cod

such personnel are assigned to training at sites away from the

designated duty station. 

(c)(1) To the extent not inconsistent, in the opinion of the Secretary of 

with the operation of military cryptologic reserve units and in order to 

necessary capability in foreign language skills and related abilities nee

National Security Agency, the Director may establish a cryptologic lin

reserve. The cryptologic linguist reserve may consist of former or ret

or military cryptologic personnel of the National Security Agency and 

237
 
linguist reserve, the Director, without regard to subchapter IV of c

of title 5, United States Code, may provide special monetary incen

individuals eligible to become members of the reserve who agree 

members of the cryptologic linguist reserve and to acquire or retai

proficiency in foreign languages or special related abilities. 

(3) In order to provide training and support for members of the cry

linguist reserve, the Director – 

(A) may pay all or part of the tuition and other expenses relate

training of individuals in the cryptologic linguist reserve who 

assigned or detailed for language and language-related trainin

orientation, or instruction; and 

(B) may pay benefits and allowances in accordance with chap

59 of title 5, United States Code, to individuals in the cryptolo

reserve who are assigned to training at sites away from their h

regular places of business. 

(d)(1) The Director, before providing training under this section to any 

individual, may obtain an agreement with that individual that - 

(A) in the case of current employees, pertains to continuation 

of the employee, and repayment of the expenses of such traini

failure to fulfill the agreement, consistent with the provisions 

4108 of title 5, United States Code; and 

(B) in the case of individuals accepted for membership in the 

linguist reserve, pertains to return to service when requested, 

repayment of the expenses of such training for failure to fulfil

agreement, consistent with the provisions of section 4108 of t

United States Code. 

(2) The Director, under regulations prescribed under this section, 

in whole or in part, a right of recovery under an agreement made u

subsection if it is shown that the recovery would be against equity 

conscience or against the public interest. 

(e)(1) Subject to paragraph (2), the Director may provide to family me

military and civilian cryptologic personnel assigned to representationa

outside the United States, in anticipation of the assignment of such pe

outside the United States or while outside the United States, appropria

orientation and language training that is directly related to the assignm

238
 
waiver is important to the performance of cryptologic functions. 

(g) The authority of the Director to enter into contracts or to make gra

this section is effective for any fiscal year only to the extent that appro

funds are available for such purpose. 

(h) Regulations issued pursuant to this section shall be submitted to th

Permanent Select Committee on Intelligence of the House of Represen

the Select Committee on Intelligence of the Senate before such regula

effect. 

(i) The Director of the National Security Agency, on behalf of the Sec

Defense, may, without regard to section 4109(a)(2)(B) of title 5, Unite

Code, pay travel, transportation, storage, and subsistence expenses un

57 of such title to civilian and military personnel of the Department of 

who are assigned to duty outside the United States for a period of one 

longer which involves cryptologic training, language training, or relat

disciplines. 

SEC. 11. 

(a)(1) The Director of the National Security Agency may authorize ag

personnel within the United States to perform the same functions as sp

policemen of the General Services Administration perform under the f

of the Act entitled `An Act to authorize the Federal Works Administra

officials of the Federal Works Agency duly authorized by him to appo

policemen for duty upon Federal property under the jurisdiction of the 

Works Agency, and for other purposes' (40 U.S.C. 318) with the powe

in that section, except that such personnel shall perform such function

exercise such powers— 

(A) at the National Security Agency Headquarters complex an

facilities and protected property which are solely under the 

administration and control of, or are used exclusively by, the 

Security Agency; and 

(B) in the streets, sidewalks, and the open areas within the zon

beginning at the outside boundary of such facilities or protect

and extending outward 500 feet. 

(2) The performance of functions and exercise of powers under su

(B) of paragraph (1) shall be limited to those circumstances where 

personnel can identify specific and articulable facts giving such p

239
 
(4) The rules and regulations enforced by such personnel shall be 

and regulations prescribed by the Director and shall only be appli

areas referred to in subparagraph (A) of paragraph (1). 

(5) Not later than July 1 each year through 2004, the Director shal

the Permanent Select Committee on Intelligence of the House of 

Representatives and the Select Committee on Intelligence of the S

report that describes in detail the exercise of the authority granted 

subsection and the underlying facts supporting the exercise of suc

during the preceding fiscal year. The Director shall make each suc

available to the Inspector General of the National Security Agenc

(b) The Director of the National Security Agency is authorized to esta

penalties for violations of the rules or regulations prescribed by the Di

under subsection (a). Such penalties shall not exceed those specified i

section of the Act referred to in subsection (a) (40 U.S.C. 318c). 

(c) Agency personnel designated by the Director of the National Secu

under subsection (a) shall be clearly identifiable as United States Gov

security personnel while engaged in the performance of the functions 

subsection (a) refers. 

SEC. 12. 

(a)(1) The Secretary of Defense (or his designee) may by regulation e

personnel system for senior civilian cryptologic personnel in the Natio

Security Agency to be known as the Senior Cryptologic Executive Se

regulations establishing the Senior Cryptologic Executive Service sha

(A) meet the requirements set forth in section 3131 of title 5, 

States Code, for the Senior Executive Service; 

(B) provide that positions in the Senior Cryptologic Executive 

meet requirements that are consistent with the provisions of s

3132(a)(2) of such title; 

(C) provide, without regard to section 2, rates of pay for the S

Cryptologic Executive Service that are not in excess of the ma

rate or less than the minimum rate of basic pay established for 

Executive Service under section 5382 of such title, and that ar

at the same time and to the same extent as rates of basic pay f

Senior Executive Service are adjusted; 

240
 
member of the Senior Cryptologic Executive Service is entitle

held or decided pursuant to procedures established by regulati

Secretary of Defense or his designee); 

(F) permit the payment of performance awards to members of 

Cryptologic Executive Service consistent with the provisions 

to performance awards under section 5384 of such title; 

(G) provide that members of the Senior Cryptologic Executiv

may be granted sabbatical leaves consistent with the provision

section 3396(c) of such title.(;) and 

(H) provide for the recertification of members of the Senior C

Executive Service consistent with the provisions of section 33

title. 

(2) Except as otherwise provided in subsection (a), the Secretary o

(or his designee) may – 

(A) make applicable to the Senior Cryptologic Executive Serv

the provisions of title 5, United States Code, applicable to app

or members of the Senior Executive Service; and 

(B) appoint, promote, and assign individuals to positions estab

within the Senior Cryptologic Executive Service without rega

provisions of title 5, United States Code, governing appointm

other personnel actions in the competitive service. 

(3) The President, based on the recommendations of the Secretary 

Defense, may award ranks to members of the Senior Cryptologic 

Service in a manner consistent with the provisions of section 4507 

United States Code. 

(4) Notwithstanding any other provision of this section, the Direct

National Security Agency may detail or assign any member of the 

Cryptologic Executive Service to serve in a position outside the N

Security Agency in which the member's expertise and experience 

benefit to the National Security Agency or another Government a

such member shall not by reason of such detail or assignment lose 

entitlement or status associated with membership in the Senior Cr

Executive Service. 

(b) The Secretary of Defense (or his designee) may by regulation esta

merit pay system for such employees of the National Security Agency 

Secretary of Defense (or his designee) considers appropriate. The me

241
 
year. 

SEC. 13. 

(a) The Director of the National Security Agency may make grants to 

individuals and institutions for the conduct of cryptologic research. A

application for a grant under this section may not be approved unless 

determines that the award of the grant would be clearly consistent wit

national security. 

(b) The grant program established by subsection (a) shall be conducte

accordance with the Federal Grant and Cooperative Agreement Act of 

U.S.C. 501 et seq.) (31 U.S.C. 6301 et seq.) to the extent that such Ac

consistent with and in accordance with section 6 of this Act. 

(c) The authority of the Director to make grants under this section is e

any fiscal year only to the extent that appropriated funds are available 

purpose. 

SEC. 14. Funds appropriated to an entity of the Federal Government o

an element of the Department of Defense that have been specifically a

for the purchase of cryptologic equipment, materials, or services with 

which the National Security Agency has been designated as the centra

procurement for the Government shall remain available for a period o

fiscal years. 

SEC. 15. 

(a) No person may, except with the written permission of the Director 

National Security Agency, knowingly use the words 'National Securit

the initials 'NSA', the seal of the National Security Agency, or any col

imitation of such words, initials, or seal in connection with any merch

impersonation, solicitation, or commercial activity in a manner reason

calculated to convey the impression that such use is approved, endors

authorized by the National Security Agency. 

(b) Whenever it appears to the Attorney General that any person is en

about to engage in an act or practice which constitutes or will constitu

prohibited by subsection (a), the Attorney General may initiate a civil 

in a district court of the United States to enjoin such act or practice. S

shall proceed as soon as practicable to the hearing and determination o

242
 
 

(a) The purpose of this section is to establish an undergraduate trainin

which may lead to the baccalaureate degree, to facilitate the recruitme

individuals, particularly minority high school students, with a demons

capability to develop skills critical to the mission of the National Secu

Agency, including mathematics, computer science, engineering, and f

languages. 

(b) The Secretary of Defense is authorized, in his discretion, to assign 

employees of the National Security Agency as students at accredited 

professional, technical, and other institutions of higher learning for tra

undergraduate level in skills critical to effective performance of the m

the Agency. 

(c) The National Security Agency may pay, directly or by reimbursem

employees, expenses incident to assignments under subsection (b), in 

year only to the extent that appropriated funds are available for such p

(d)(1) To be eligible for assignment under subsection (b), an employe

Agency must agree in writing – 

(A) to continue in the service of the Agency for the period of 

assignment and to complete the educational course of training 

the employee is assigned; 

(B) to continue in the service of the Agency following comple

assignment for a period of one-and-a-half years for each year 

assignment or part thereof; 

(C) to reimburse the United States for the total cost of educati

(excluding the employee's pay and allowances) provided unde

section to the employee if, prior to the employee's completing 

educational course of training for which the employee is assig

assignment or the employee's employment with the Agency is 

either by the Agency due to misconduct by the employee or b

employee voluntarily; and 

(D) to reimburse the United States if, after completing the edu

course of training for which the employee is assigned, the em

employment with the Agency is terminated either by the Agen

misconduct by the employee or by the employee voluntarily, 

employee's completion of the service obligation period descri

subparagraph (B), in an amount that bears the same ratio to th

of the education (excluding the employee's pay and allowance

243
 
(3)(A) A discharge in bankruptcy under title 11, United States Co

not release a person from an obligation to reimburse the United St

required under an agreement described in paragraph (1) if the fina

the discharge in bankruptcy is issued within five years after the la

the combined period of service obligation described in subparagr

and (B) of paragraph (1). 

(B) The Secretary of Defense may release a person, in whole 

from the obligation to reimburse the United States under an ag

described in paragraph (1) when, in his discretion, the Secreta

determines that equity or the interests of the United States so 

(C) The Secretary of Defense shall permit an employee assign

this section who, prior to commencing a second academic yea

assignment, voluntarily terminates the assignment or the emp

employment with the Agency, to satisfy his obligation under a

agreement described in paragraph (1) to reimburse the United 

reimbursement according to a schedule of monthly payments 

results in completion of reimbursement by a date five years af

of termination of the assignment or employment or earlier at t

of the employee. 

(e)(1) When an employee is assigned under this section to an institutio

Agency shall disclose to the institution to which the employee is assig

Agency employs the employee and that the Agency funds the employ

education. 

(2) Agency efforts to recruit individuals at educational institutions 

participation in the undergraduate training program established by 

section shall be made openly and according to the common practi

universities and employers recruiting at such institutions. 

(f) Chapter 41 of title 5 and subsections (a) and (b) of section 3324 of 

United States Code, shall not apply with respect to this section. 

(g) The Secretary of Defense may issue such regulations as may be ne

implement this section. 

[SEC. 17. Repealed. Pub. L. 103-359, SEC. 806, Oct. 14, 1994, 108 St

244
 
to an employee, means a permanent change of station involving the tr

the employee from the National Security Agency headquarters to anot

duty for a fixed period established by regulation to be followed at the 

period by a permanent change of station involving a transfer of the em

back to such headquarters. 

SEC. 19. 

(a) There is established the National Security Agency Emerging Tech

Panel. The Panel is a standing panel of the National Security Agency. 

shall be appointed by, and shall report directly to, the Director of the N

Security Agency. 

(b) The Panel shall study and assess, and periodically advise the Direc

research, development, and application of existing and emerging scien

technology advances, advances in encryption, and other topics. 

(c) The Federal Advisory Committee Act (5 U.S.C. App.) shall not ap

respect to the Panel. 

SEC. 20. 

(a) The Director may collect charges for evaluating, certifying, or vali

information assurance products under the National Information Assur

Program or successor program. 

(b) The charges collected under subsection (a) shall be established thr

public rulemaking process in accordance with Office of Management 

Circular No. A-25. 

(c) Charges collected under subsection (a) shall not exceed the direct c

program referred to in that subsection. 

(d) The appropriation or fund bearing the cost of the service for which 

are collected under the program referred to in subsection (a) may be re

or the Director may require advance payment subject to such adjustme

completion of the work as may be agreed 

upon. 

(e) Amounts collected under this section shall be credited to the accou

accounts from which costs associated with such amounts have been or 

incurred, to reimburse or offset the direct costs of the program referre

subsection (a). 

245
 
246
 
(a) There is an Under Secretary of Defense for Intelligence, appointed 

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 

FUNDS FOR FOREIGN CRYPTOLOGIC SUPPORT 

SEC. 421. 

(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 cryptologi

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. 

247
 
 

Department of Defense for consultation on counterintelligence matter

(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. 

AUTHORITY TO USE PROCEEDS FROM COUNTERINTELLIGENCE O

OF THE MILITARY DEPARTMENTS 

SEC. 423. 

(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. 

DISCLOSURE OF ORGANIZATIONAL AND PERSONNEL INFORMA

EXEMPTION FOR SPECIFIED INTELLIGENCE AGENCIES

SEC. 424. 

(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. 

248
 
with respect to the provision of information to Congress. 

PROHIBITION OF UNAUTHORIZED USE OF NAME, INITIALS, OR 

SPECIFIED INTELLIGENCE AGENCIES
 

SEC. 425. 

(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 “DI

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. 

INTEGRATION OF DEPARTMENT OF DEFENSE INTELLIGEN

SURVEILLANCE, AND RECONNAISSANCE CAPABILITIES

SEC. 426. 

(a) ISR INTEGRATION COUNCIL.— 

249
 
 

intelligence agencies of the Department of Defense, a

combatant commands; and 

(B) otherwise to provide a means to facilitate the inte

such capabilities and the coordiation [1] of such deve

activities. 

(2) The Council shall be composed of— 

(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 De

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 Intelligence

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. 

INTELLIGENCE OVERSIGHT ACTIVITIES OF DEPARTMENT OF D

ANNUAL REPORTS
 

SEC. 427. 

(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

250
 
intelligence and intelligence-related activities of the D

other than those specified in subparagraph (A). 

(2)(A) The committees specified in this subparagraph are the 

(i) The Committee on Armed Services and th

Committee on Appropriations of the Senate. 

(ii) The Permanent Select Committee on Inte

Committee on Armed Services, and the Comm

Appropriations of the House of Representativ

(B) The committees specified in this subparagraph are 

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 off

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. 

251
 
 

(c) DEFINITIONS.—In this section: 

(1) The term “intelligence oversight activities of the Departm

Defense” refers to any activity undertaken by an agency, elem

component of the Department of Defense to ensure complianc

regard to requirements or instructions on the intelligence and 

intelligence-related activities of the Department under law or 

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. 

AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVITIES AS SECUR

INTELLIGENCE COLLECTION ACTIVITIES
 

SEC. 431. 

(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; 

252 
foreign intelligence and counterintelligence information. 

USE, DISPOSITION, AND AUDITING OF FUNDS 

SEC. 432. 

(a) USE OF FUNDS.—Funds generated by a commercial activity author

pursuant to this subchapter may be used to offset necessary and reason

expenses arising from that activity. Use of such funds for that purpose 

kept to the minimum necessary to conduct the activity concerned in a 

manner. Any funds generated by the activity in excess of those require

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). 

RELATIONSHIP WITH OTHER FEDERAL LAWS 

SEC. 433. 

(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. 

253
 
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 

(1) The receipt and use of appropriated and nonappropriated f

(2) The acquisition or management of property or services. 

(3) Information disclosure, retention, and management. 

(4) The employment of personnel. 

(5) Payments for travel and housing. 

(6) The establishment of legal entities or government instrum

(7) Foreign trade or financial transaction restrictions that wou

the commercial activity as an activity of the United States Go

RESERVATION OF DEFENSES AND IMMUNITIES 

SEC. 434. 

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

LIMITATIONS 

SEC. 435. 

(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 DEFE

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 

254
 
 

 

individual who is a citizen of the United States or an alien law

admitted to the United States for permanent residence. 

REGULATIONS 

SEC. 436. 

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— 

(1) specify all elements of the Department of Defense who are 

to engage in commercial activities pursuant to this subchapter

(2) require the personal approval of the Secretary or Deputy S

Defense for all sensitive activities to be authorized pursuant to 

subchapter; 

(3) specify all officials who are authorized to grant waivers of 

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. 

CONGRESSIONAL OVERSIGHT 

SEC. 437. 

(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

255
 
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. 

(4) A description of each corporation, partnership, or other leg

that was established. 

256
 
 

 

ESTABLISHMENT 

SECTION. 441. 

(a) Establishment.— The National Geospatial-Intelligence Agency is a co

support agency of the Department of Defense and has significant nationa

(b) Director.— 

(1) The Director of the National Geospatial-Intelligence Agency is th

the agency. 

(2) Upon a vacancy in the position of Director, the Secretary of Defe

recommend to the President an individual for appointment to the pos

(3) If an officer of the armed forces on active duty is appointed to the 

Director, the position shall be treated as having been designated by th

as a position of importance and responsibility for purposes of section 

title and shall carry the grade of lieutenant general, or, in the case of 

the Navy, vice admiral. 

(c) Director of National Intelligence Collection Tasking Authority.— Un

otherwise directed by the President, the Director of National Intelligence 

authority (except as otherwise agreed by the Director and the Secretary o

to— 

(1) approve collection requirements levied on national imagery colle

(2) determine priorities for such requirements; and 

(3) resolve conflicts in such priorities. 

(d) Availability and Continued Improvement of Imagery Intelligence Sup

Source Analysis and Production Function.— The Secretary of Defense, i

consultation with the Director of National Intelligence, shall take all nece

to ensure the full availability and continued improvement of imagery inte

support for all-source analysis and production. 

MISSIONS 

SEC. 442. 

(a) National Security Missions.— 

(1) The National Geospatial-Intelligence Agency shall, in support of 

security objectives of the United States, provide geospatial intelligen

consisting of the following: 

(A) Imagery. 

(B) Imagery intelligence. 

(C) Geospatial information. 

257
 
 

 

 

for the use of all vessels of the United States and of navigators generally. 

(c) Maps, Charts, Etc.— The National Geospatial-Intelligence Agency sh

and distribute maps, charts, books, and geodetic products as authorized u

subchapter II of this chapter. 

(d) National Missions.— The National Geospatial-Intelligence Agency al

national missions as specified in section 110(a) of the National Security A

(50 U.S.C. 404e(a)). 

(e) Systems.— The National Geospatial-Intelligence Agency may, in furt

mission of the Agency, design, develop, deploy, operate, and maintain sy

related to the processing and dissemination of imagery intelligence and g

information that may be transferred to, accepted or used by, or used on be

(1) the armed forces, including any combatant command, component 

combatant command, joint task force, or tactical unit; or 

(2) any other department or agency of the United States. 

IMAGERY INTELLIGENCE AND GEOSPATIAL INFORMATION

SUPPORT FOR FOREIGN COUNTRIES
 

SEC. 443. 

(a) Use of Appropriated Funds.— The Director of the National Geospatia

Intelligence Agency may use appropriated funds available to the Nationa

Geospatial-Intelligence Agency to provide foreign countries with imager

intelligence and geospatial information support. 

(b) Use of Funds Other Than Appropriated Funds.— The Director may u

other than appropriated funds to provide foreign countries with imagery i

and geospatial information support, notwithstanding provisions of law re

expenditure of funds of the United States, except that— 

(1) no such funds may be expended, in whole or in part, by or for the 

the National Geospatial-Intelligence Agency for a purpose for which 

had previously denied funds; 

(2) proceeds from the sale of imagery intelligence or geospatial infor

items may be used only to purchase replacement items similar to the 

are sold; and 

(3) the authority provided by this subsection may not be used to acqu

services for the principal benefit of the United States. 

(c) Accommodation Procurements.— The authority under this section ma

exercised to conduct accommodation procurements on behalf of foreign c

258
 
 

 

 

 

SEC. 444. 

(a) Support Authorized.— The Director of the Central Intelligence Agenc

provide support in accordance with this section to the Director of the Nat

Geospatial-Intelligence Agency. The Director of the National Geospatial

Agency may accept support provided under this section. 

(b) Administrative and Contract Services.— 

(1) In furtherance of the national intelligence effort, the Director of th

Intelligence Agency may provide administrative and contract service

National Geospatial-Intelligence Agency as if that agency were an or

element of the Central Intelligence Agency. 

(2) Services provided under paragraph (1) may include the services o

police. For purposes of section 15 of the Central Intelligence Agency 

1949 (50 U.S.C. 403o), an installation of the National Geospatial-Int

Agency that is provided security police services under this section sh

considered an installation of the Central Intelligence Agency. 

(3) Support provided under this subsection shall be provided under te

conditions agreed upon by the Secretary of Defense and the Director 

Central Intelligence Agency. 

(c) Detail of Personnel.— The Director of the Central Intelligence Agenc

personnel of the Central Intelligence Agency indefinitely to the National 

Intelligence Agency without regard to any limitation on the duration of in

details of Federal Government personnel. 

(d) Reimbursable or Nonreimbursable Support.— Support under this sect

provided and accepted on either a reimbursable basis or a nonreimbursab

(e) Authority To Transfer Funds.— 

(1) The Director of the National Geospatial-Intelligence Agency may 

funds available for that agency to the Director of the Central Intellige

for the Central Intelligence Agency. 

(2) The Director of the Central Intelligence Agency — 

(A) may accept funds transferred under paragraph (1); and 

(B) shall expend such funds, in accordance with the Central Intel

Agency Act of 1949 (50 U.S.C. 403a et seq.), to provide adminis

contract services or detail personnel to the National Geospatial-I

Agency under this section. 

259
 
 

 

SUBCHAPTER II—MAPS, CHARTS, AND GEODETIC PROD

MAPS, CHARTS, AND BOOKS 

SEC. 451.
 

The Secretary of Defense may— 

(1) have the National Geospatial-Intelligence Agency prepare maps, 

nautical books required in navigation and have those materials publis

furnished to navigators; and 

(2) buy the plates and copyrights of existing maps, charts, books on n

and sailing directions and instructions. 

PILOT CHARTS 

SEC. 452. 

(a) There shall be conspicuously printed on pilot charts prepared in the N

Geospatial-Intelligence Agency the following: “Prepared from data furni

National Geospatial-Intelligence Agency of the Department of Defense a

Department of Commerce, and published at the National Geospatial-Intel

Agency under the authority of the Secretary of Defense”. 

(b) The Secretary of Commerce shall furnish to the National Geospatial-I

Agency, as quickly as possible, all meteorological information received b

Secretary that is necessary for, and of the character used in, preparing pil

SALE OF MAPS, CHARTS, AND NAVIGATIONAL PUBLICATIONS

PRICES; USE OF PROCEEDS
 

SEC. 453. 

(a) Prices.— All maps, charts, and other publications offered for sale by t

Geospatial-Intelligence Agency shall be sold at prices and under regulatio

be prescribed by the Secretary of Defense. 

(b) Use of Proceeds To Pay Foreign Licensing Fees.— 

(1) The Secretary of Defense may pay any NGA foreign data acquisi

of the proceeds of the sale of maps, charts, and other publications of 

and those proceeds are hereby made available for that purpose. 

(2) In this subsection, the term “NGA foreign data acquisition fee” m

licensing or other fee imposed by a foreign country or international o

260
 
 

 

 

 

 

SEC. 454. 

The Secretary of Defense may authorize the National Geospatial-Intellige

to exchange or furnish mapping, charting, and geodetic data, supplies and 

a foreign country or international organization pursuant to an agreement f

production or exchange of such data. 

MAPS, CHARTS, AND GEODETIC DATA: PUBLIC AVAILABILITY; EXCEPT

SEC. 455. 

(a) The National Geospatial-Intelligence Agency shall offer for sale maps 

at scales of 1:500,000 and smaller, except those withheld in accordance w

subsection (b) or those specifically authorized under criteria established b

order to be kept secret in the interest of national defense or foreign policy 

properly classified pursuant to such Executive order. 

(b)(1) Notwithstanding any other provision of law, the Secretary of Defen

withhold from public disclosure any geodetic product in the possession o

the control of, the Department of Defense— 

(A) that was obtained or produced, or that contains information t

provided, pursuant to an international agreement that restricts dis

such product or information to government officials of the agree

or that restricts use of such product or information to governmen

only; 

(B) that contains information that the Secretary of Defense has d

writing would, if disclosed, reveal sources and methods, or capab

to obtain source material for production of the geodetic product; 

(C) that contains information that the Director of the National Ge

Intelligence Agency has determined in writing would, if disclose

jeopardize or interfere with ongoing military or intelligence oper

reveal military operational or contingency plans, or reveal, jeopa

compromise military or intelligence capabilities. 

(2) In this subsection, the term “geodetic product” means imagery, im

intelligence, or geospatial information. 

(c) (1) Regulations to implement this section (including any amendments 

regulations) shall be published in the Federal Register for public commen

period of not less than 30 days before they take effect. 

(2) Regulations under this section shall address the conditions under 

release of geodetic products authorized under subsection (b) to be wi

public disclosure would be appropriate— 

261
 
 

 

 

SEC. 456. 

(a) Claims Barred.— No civil action may be brought against the United S

basis of the content of a navigational aid prepared or disseminated by the 

Geospatial-Intelligence Agency. 

(b) Navigational Aids Covered.— Subsection (a) applies with respect to a 

navigational aid in the form of a map, a chart, or a publication and any ot

medium of product or information in which the National Geospatial-Intel

Agency prepares or disseminates navigational aids. 

OPERATIONAL FILES PREVIOUSLY MAINTAINED BY OR CONCERNING A

OF NATIONAL PHOTOGRAPHIC INTERPRETATION CENTER

AUTHORITY TO WITHHOLD FROM PUBLIC DISCLOSURE
 

SEC. 457. 

(a) Authority.— The Secretary of Defense may withhold from public disc

operational files described in subsection (b) to the same extent that opera

may be withheld under section 701 of the National Security Act of 1947 

431). 

(b) Covered Operational Files.— The authority under subsection (a) appl

operational files in the possession of the National Geospatial-Intelligence 

that— 

(1) as of September 22, 1996, were maintained by the National Photo

Interpretation Center; or 

(2) concern the activities of the Agency that, as of such date, were pe

the National Photographic Interpretation Center. 

(c) Operational Files Defined.— In this section, the term “operational file

meaning given that term in section 701(b) of the National Security Act of 

U.S.C. 431 (b)). 

SUBCHAPTER III—PERSONNEL MANAGEMENT 

MANAGEMENT RIGHTS 

SEC. 461. 

(a) Scope.— If there is no obligation under the provisions of chapter 71 o

the head of an agency of the United States to consult or negotiate with a l

organization on a particular matter by reason of that matter being covered 

262
 
 

 

 

5 only for a bargaining unit that was recognized as appropriate for the De

Mapping Agency on September 30, 1996. 

(c) Termination of Bargaining Unit Coverage of Position Modified To Af

National Security Directly.— 

(1) If the Director of the National Geospatial-Intelligence Agency de

that the responsibilities of a position within a collective bargaining u

be modified to include intelligence, counterintelligence, investigative

duties not previously assigned to that position and that the performan

newly assigned duties directly affects the national security of the Uni

then, upon such a modification of the responsibilities of that position

position shall cease to be covered by the collective bargaining unit an

employee in that position shall cease to be entitled to representation b

organization accorded exclusive recognition for that collective barga

(2) A determination described in paragraph (1) that is made by the D

the National Geospatial-Intelligence Agency may not be reviewed by 

Labor Relations Authority or any court of the United States. 

FINANCIAL ASSISTANCE TO CERTAIN EMPLOYEES IN
 

ACQUISITION OF CRITICAL SKILLS
 

SEC. 462. 

The Secretary of Defense may establish an undergraduate training progra

respect to civilian employees of the National Geospatial-Intelligence Age

similar in purpose, conditions, content, and administration to the program 

by the Secretary of Defense under section 16 of the National Security Ag

1959 (50 U.S.C. 402 note) for civilian employees of the National Security 

SUBCHAPTER IV—DEFINITIONS 

DEFINITIONS 

SEC. 467.
 

In this chapter:
 

(1) The term “function” means any duty, obligation, responsibility, privil

activity, or program. 

(2)(A) The term “imagery” means, except as provided in subparagraph (B

likeness or presentation of any natural or manmade feature or related obje

263
 
 

 

 

 

(B) Such term does not include handheld or clandestine photography 

on behalf of human intelligence collection organizations. 

(3) The term “imagery intelligence” means the technical, geographic, and 

intelligence information derived through the interpretation or analysis of 

collateral materials. 

(4) The term “geospatial information” means information that identifies t

geographic location and characteristics of natural or constructed features 

boundaries on the earth and includes— 

(A) statistical data and information derived from, among other things

sensing, mapping, and surveying technologies; and 

(B) mapping, charting, geodetic data, and related products. 

(5) The term “geospatial intelligence” means the exploitation and analysi

and geospatial information to describe, assess, and visually depict physic

and geographically referenced activities on the earth. Geospatial intellige

of imagery, imagery intelligence, and geospatial information. 

264
 
 

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) TABLE OF CONTENTS.—The table of contents for this Act is as fol

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 PROT

SUBTITLE A—INFORMATION AND ANALYSIS AND INFRASTRUCTURE PR

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 archite

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 go

officials. 

SEC. 210. Information sharing incentives. 

SEC. 210A. Department of Homeland Security State, Local, and Re

Information Fusion Center Initiative. 

SEC. 210B. Homeland Security Information Sharing Fellows Progra

265
 
SEC. 212. Definitions. 

SEC. 213. Protection of voluntarily shared critical infrastructure in

SEC. 215. No private right of action. 

SUBTITLE C—INFORMATION SECURITY 

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 N

Institute of Justice; transfer of functions. 

SEC. 235. National Law Enforcement and Corrections Technology 

SEC. 236. Coordination with other entities within Department of J

SEC. 237. Amendments relating to National Institute of Justice. 

TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND 

SEC. 301. Under Secretary for Science and Technology. 

SEC. 302. Responsibilities and authorities of the Under Secretary 

and 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 Agenc

SEC. 308. Conduct of research, development, demonstration, testi

evaluation. 

SEC. 309. Utilization of Department of Energy national laboratori

in support of homeland security activities. 

SEC. 310. Transfer of Plum Island Animal Disease Center, Depart

Agriculture. 

266
 
development. 

SEC. 316. National Biosurveillance Integration Center. 

SEC. 317. Promoting antiterrorism through international cooperati

program. 

TITLE IV—DIRECTORATE OF BORDER AND TRANSPORTATION SE

SUBTITLE A—UNDER SECRETARY FOR BORDER AND TRANSPORTATION 

SEC. 401. Under Secretary for Border and Transportation Security

SEC. 402. Responsibilities. 

SEC. 403. Functions transferred. 

SUBTITLE B—UNITED STATES CUSTOMS SERVICE 

SEC. 411. Establishment; Commissioner of Customs. 

SEC. 412. Retention of customs revenue functions by Secretary of 

Treasury. 

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 t

Department of Agriculture. 

SEC. 422. Functions of Administrator of General Services. 

SEC. 423. Functions of Transportation Security Administration. 

SEC. 424. Preservation of Transportation Security Administration 

distinct entity. 

SEC. 425. Explosive detection systems. 

SEC. 426. Transportation security. 

SEC. 427. Coordination of information and information technolog

SEC. 428. Visa issuance. 

267
 
SEC. 441. Transfer of functions to Under Secretary for Border and 

Transportation 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 ne

Diego, California. 

SUBTITLE E—CITIZENSHIP AND IMMIGRATION SERVICES 

SEC. 451. Establishment of Bureau of Citizenship and Immigratio

SEC. 452. Citizenship and Immigration Services Ombudsman. 

SEC. 453. Professional responsibility and quality review. 

SEC. 454. Employee discipline. 

SEC. 455. Effective date. 

SEC. 456. Transition. 

SEC. 457. Funding for citizenship and immigration services. 

SEC. 458. Backlog elimination. 

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 

disciplinary 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. 

268
 
SEC. 508. National Advisory Council. 

SEC. 509. National Integration Center. 

SEC. 510. Credentialing and typing. 

SEC. 511. The National Infrastructure Simulation and Analysis Ce

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 re

SEC. 520. Use of commercially available technology, goods, and s

SEC. 521. Procurement of security countermeasures for strategic n

stockpile. 

SEC. 522. Model standards and guidelines for critical infrastructur

SEC. 523. Guidance and recommendations. 

SEC. 524. Voluntary private sector preparedness accreditation and 

certification program. 

TITLE VI—TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF T

FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGA

SEC. 601. Treatment of charitable trusts for members of the Arme

the 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 Libe

SEC. 706. Consolidation and co-location of offices. 

SEC. 707. Quadrennial Homeland Security Review. 

269
 
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 Syste

SEC. 842. Labor-management relations. 

SEC. 843. Use of counternarcotics enforcement activities in certai

performance appraisals. 

SEC. 844. Homeland Security Rotation Program. 

SEC. 845. Homeland Security Education Program. 

SUBTITLE F—FEDERAL EMERGENCY PROCUREMENT FLEXIBI

SEC. 851. Definition. 

SEC. 852. Procurements for defense against or recovery from terro

nuclear, biological, chemical, or radiological attack. 

SEC. 853. Increased simplified acquisition threshold for procurem

support of humanitarian or peacekeeping operations or 

contingency operations. 

SEC. 854. Increased micro-purchase threshold for certain procurem

SEC. 855. Application of certain commercial items authorities to c

procurements. 

SEC. 856. Use of streamlined procedures. 

SEC. 857. Review and report by Comptroller General. 

SEC. 858. Identification of new entrants into the Federal marketpl

270
 
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 Preventio

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 emp

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 importanc

applicability of the Posse Comitatus Act. 

SEC. 887. Coordination with the Department of Health and Huma

under the Public Health Service Act. 

SEC. 888. Preserving Coast Guard mission performance. 

SEC. 889. Homeland security funding analysis in President’s budg

SEC. 890. Air Transportation Safety and System Stabilization Act

SUBTITLE I—INFORMATION SHARING 

SEC. 891. Short title; findings; and sense of Congress. 

SEC. 892. Facilitating homeland security information sharing proc

SEC. 893. Report. 

SEC. 894. Authorization of appropriations. 

SEC. 895. Authority to share grand jury information. 

SEC. 896. Authority to share electronic, wire, and oral interception 

information. 

SEC. 897. Foreign intelligence information. 

271
 
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 REVIE

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 JUSTIC

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, Fi

and 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. 

SEC. 1123. Persons prohibited from receiving or possessing explos

materials. 

SEC. 1124. Requirement to provide samples of explosive materials 

ammonium nitrate. 

272 
TITLE XII—AIRLINE WAR RISK INSURANCE LEGISLATION 

SEC. 1201. Air carrier liability for third party claims arising out of 

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 MANAGEMENT 

SEC. 1311. Inclusion of agency human capital strategic planning in 

performance plans and programs performance reports. 

SEC. 1312. Reform of the competitive service hiring process. 

SEC. 1313. Permanent extension, revision, and expansion of author

of voluntary separation incentive pay and voluntary ear

retirement. 

SEC. 1314. Student volunteer transit subsidy. 

SUBTITLE C—REFORMS RELATING TO THE SENIOR EXECUTIVE S

SEC. 1321. Repeal of recertification requirements of senior executi

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. 

273
 
TITLE XV—TRANSITION 

SUBTITLE A—REORGANIZATION PLAN 

SEC. 1501. Definitions. 

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 T

AIRLINE TRANSPORTATION SECURITY
 

SEC. 1601. Retention of security sensitive information authority at 

of Transportation. 

SEC. 1602. Increase in civil penalties. 

SEC. 1603. Allowing United States citizens and United States natio

screeners. 

TITLE XVII—CONFORMING AND TECHNICAL AMENDMENT

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 devel

SEC. 1706. Transfer of certain security and law enforcement functi

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. 

274
 
SEC. 1717. Effective date. 

TITLE XVIII—EMERGENCY COMMUNICATIONS 

SEC. 1801. Office for Emergency Communications. 

SEC. 1802. National Emergency Communications Plan. 

SEC. 1803. Assessments and reports. 

SEC. 1804. Coordination of Federal emergency communications gr

programs. 

SEC. 1805. Regional emergency communications coordination. 

SEC. 1806. Emergency Communications Preparedness Center. 

SEC. 1807. Urban and other high-risk area communications capabil

SEC. 1808. Definition. 

SEC. 1809. Interoperable Emergency Communications Grant Progr

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 a

Sec. 1906. Contracting and grant making authorities. 

Sec. 1907. Joint annual interagency review of global nuclear detec

TITLE XX—HOMELAND SECURITY GRANTS 

Sec. 2001. Definitions. 

SUBTITLE A—GRANTS TO STATES AND HIGH-RISK URBAN AR

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. 

275
 
 

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

legislative or oversight jurisdiction under the Rules of the Hou

Representatives or the Senate, respectively, over the matter co

(3) The term “assets” includes contracts, facilities, property, r

unobligated or unexpended balances of appropriations, and ot

or resources(other than personnel). 

(4) The term “critical infrastructure” has the meaning given th

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

276
 
(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— 

(A) a county, municipality, city, town, township, loca

authority, school district, special district, intrastate di

council of governments(regardless of whether the cou

governments is incorporated as a nonprofit corporatio

State law), regional or interstate government entity, o

instrumentality of a local government; 

(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 b

intimidation or coercion; or 

277
 
 

 

 

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. 

(18) The term “voluntary preparedness standards” means a co

of criteria for preparedness, disaster management, emergency 

management, and business continuity programs, such as the A

National Standards Institute’s National Fire Protection Associ

Standard on Disaster/Emergency Management and Business C

Programs (ANSI/NFPA 1600). 

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 of 

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. 

278
 
 

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 

homeland are not diminished or neglected except by a 

explicit Act of Congress; 

(F) ensure that the overall economic security of the U

is not diminished by efforts, activities, and programs 

securing the homeland; 

(G) monitor connections between illegal drug traffick

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

279
 
(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. 

(c) COORDINATION WITH NON-FEDERAL ENTITIES.—With respect to 

security, the Secretary shall coordinate through the Office of State and 

Coordination(established under section 801)(including the provision o

and equipment) with State and local government personnel, agencies, 

authorities, with the private sector, and with other entities, including b

(1) coordinating with State and local government personnel, a

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. 

280
 
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 

(C) advise the Secretary on private sector preparedne

including effective methods for— 

(i) promoting voluntary preparedness standar

private sector; and 

(ii) assisting the private sector in adopting vo

preparedness standards; 

(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

281
 
 

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. 

OTHER OFFICERS 

SEC. 103. [6 U.S.C. §113] 

(a) DEPUTY SECRETARY; UNDER SECRETARIES.—There are the follow

officers, appointed by the President, by and with the advice and conse

Senate: 

(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 S

(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.). 

282
 
 

 

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) An Officer for Civil Rights and Civil Liberties. 

(4) 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,]. 

(f) PERFORMANCE OF SPECIFIC FUNCTIONS.—Subject to the provision

Act, every officer of the Department shall perform the functions speci

for the official’s office or prescribed by the Secretary. 

TITLE II—INFORMATION ANALYSIS AND 

INFRASTRUCTURE PROTECTION 

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. 

283
 
(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

information, in support of the mission responsibilities of the D

and the functions of the National Counterterrorism Center est

under section 119 of the National Security Act of 1947 ( 50 U

§404o), in order to— 

(A) identify and assess the nature and scope of terrori

the homeland; 

(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. 

284 
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 

section 1016 of the Intelligence Reform and Terrorism Preven

2004 (6 U.S.C. §485), including homeland security informatio

terrorism information, and weapons of mass destruction infor

any policies, guidelines, procedures, instructions, or standards 

established under that section. 

(8) To disseminate, as appropriate, information analyzed by th

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— 

285
 
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

information in furtherance of the responsibilities under this se

to disseminate information acquired and analyzed by the Dep

appropriate. 

(14) To ensure, in conjunction with the chief information offi

Department, that any information databases and analytical too

developed or utilized by the Department— 

(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. 

286
 
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. 

(23) Based on intelligence priorities set by the President, and 

from the Secretary and, as appropriate, the Director of Nation

Intelligence— 

(A) to provide to the heads of each intelligence comp

Department guidance for developing the budget perta

activities of such component; and 

(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

287
 
(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

in paragraph(2) may be detailed to the Department for the per

of analytic functions and related duties. 

(2) COVERED AGENCIES.—The agencies referred to in this pa

as follows: 

(A) The Department of State. 

(B) The Central Intelligence Agency. 

(C) The Federal Bureau of Investigation. 

(D) The National Security Agency. 

(E) The National Geospatial-Intelligence 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: 

288
 
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 Ge

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

“(J) the elements of the Department of Homeland Security co

with the analyses of foreign intelligence information; and”. 

ACCESS TO INFORMATION 

SEC. 202. [6 U.S.C. §122] 

(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

289 
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; 

(C) all other information relating to significant and cr

threats of terrorism against the United States, whether 

such information has been analyzed; and 

(D) such other information or material as the Presiden

direct. 

(c) TREATMENT UNDER CERTAIN LAWS.—The Secretary shall be dee

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

290
 
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; 

(2) develop a methodology, relying on the criteria established 

paragraph (1), for the issuance and revocation of such advisor

warnings; 

(3) provide, in each such advisory or warning, specific inform

advice regarding appropriate protective measures and counter

that may be taken in response to the threat or risk, at the maxi

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

291
 
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

(A) establish Department-wide procedures for the rev

analysis of information provided by State, local, and t

governments and the private sector; 

(B) as appropriate, integrate such information into the 

information gathered by the Department and other de

and agencies of the Federal Government; and 

(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 

292 
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). 

COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCH

SEC. 205. 

(a) ESTABLISHMENT.—The Secretary, acting through the Under Secre

Intelligence and Analysis, shall establish, consistent with the policies 

procedures developed under section 1016 of the Intelligence Reform a

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— 

293
 
(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

INTELLIGENCE COMPONENTS 

SEC. 207. 

Subject to the direction and control of the Secretary, and consistent w

applicable guidance issued by the Director of National Intelligence, th

responsibilities of the head of each intelligence component of the Dep

as follows: 

(1) To ensure that the collection, processing, analysis, and dis

of information within the scope of the information sharing en

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. 

294
 
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

processing, analysis, and dissemination of information within the scop

information sharing environment, including homeland security inform

terrorism information, and weapons of mass destruction information, 

intelligence (as defined in section 3(5) of the National Security Act of 

U.S.C. §401a(5))). 

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, intellige

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. 

295
 
 

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 

employee in appropriately sharing information within the scope of the 

information sharing environment established under that section, includ

homeland security information, terrorism information, and weapons o

destruction information, or national intelligence (as defined in section 

National Security Act of 1947 (50 U.S.C. §401a(5)), in a manner cons

any policies, guidelines, procedures, instructions, or standards establis

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

296
 
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; 

(3) conduct tabletop and live training exercises to regularly as

capability of individual and regional networks of State, local, 

regional fusion centers to integrate the efforts of such network

efforts of the Department; 

(4) coordinate with other relevant Federal entities engaged in 

security-related activities; 

(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 

297
 
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. 

(D) United States Customs and Border Protection. 

(E) United States Immigration and Customs Enforcem

(F) United States Coast Guard. 

(G) Other components of the Department, as determin

Secretary. 

(3) QUALIFYING CRITERIA— 

(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 the 

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; 

298
 
(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 

(II) the Criminal Intelligence System

Policies under part 23 of title 28, Cod

Federal Regulations (or any correspo

similar rule or regulation); 

(ii) appropriate privacy and civil liberties trai

developed, supported, or sponsored by the Pr

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 f

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. 

299 
(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— 

(1) assist law enforcement agencies and other emergency resp

providers of State, local, and tribal governments and fusion ce

personnel in using information within the scope of the inform

sharing environment, including homeland security informatio

information, and weapons of mass destruction information, to 

comprehensive and accurate threat picture; 

(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 

300
 
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 

(C) enhance the Department’s situational awareness o

of acts of terrorism at or involving the land or maritim

of the United States. 

(f) DATABASE ACCESS.—In order to fulfill the objectives described un

subsection (d), each officer or intelligence analyst assigned to a fusion 

under this section shall have appropriate access to all relevant Federal 

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 impl

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

301
 
(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; 

(2) create a representative governance structure that includes 

enforcement officers and other emergency response providers 

appropriate, the private sector; 

(3) create a collaborative environment for the sharing of intell

information among Federal, State, local, and tribal governmen

(including law enforcement officers and other emergency resp

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; and 

(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

302
 
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

gathering, analysis, evaluation, reporting, production, or disse

information on political, economic, social, cultural, physical, 

geographical, scientific, or military conditions, trends, or forc

foreign or domestic areas that directly or indirectly affect nati

security; 

(4) the term “intelligence-led policing” means the collection a

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

303
 
(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

security information, terrorism information, a

weapons of mass destruction information, tha

interest to State, local, and tribal law enforcem

officers, intelligence analysts, and other emer

response providers; 

(iii) assist Department analysts in preparing a

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; 

304 
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; 

(B) a State or local law enforcement or other governm

that serves a major metropolitan area, suburban area, 

area, as determined by the Secretary; 

(C) a State or local law enforcement or other governm

with port, border, or agricultural responsibilities, as d

by the Secretary; 

(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. 

305
 
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 

(4) conduct outreach efforts to ensure that local and tribal gov

in rural areas are aware of the training programs developed un

paragraph (2) so they can avail themselves of such programs. 

(b) CURRICULA.—The training at the Rural Policing Institute establish

subsection (a) shall— 

(1) be configured in a manner so as not to duplicate or displac

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. 

306
 
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 analyst

to work in the National Counterterrorism Center with Federal 

intelligence analysts for the purpose of integrating, analyzing

assisting in the dissemination of federally-coordinated inform

within the scope of the information sharing environment, incl

homeland security information, terrorism information, and we

mass destruction information, through appropriate channels id

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

307 
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; 

(5) establish and maintain the ITACG Detail, which shall assi

appropriate number of State, local, and tribal homeland securi

enforcement officers and intelligence analysts to work in the N

Counterterrorism Center who shall— 

(A) educate and advise National Counterterrorism Ce

intelligence analysts about the requirements of the Sta

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

308
 
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 

(7) establish, within the ITACG Advisory Council, a mechani

law enforcement officers and intelligence analysts for placem

National Counterterrorism Center consistent with paragraph (

criteria developed by the ITACG Advisory Council that shall 

participation from a broadly representative group of State, loc

tribal homeland security and law enforcement agencies. 

(e) MEMBERSHIP.—The Secretary, or the Secretary’s 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. 

309
 
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. 

(2) MANAGEMENT.—Pursuant to section 119(f)(E) of the Nat

Security Act of 1947 (50 U.S.C. §404o(f)(E)), the Director of 

National Counterterrorism Center, acting through the senior in

official from the Department of Homeland Security detailed p

subsection (d)(6), shall ensure that— 

(A) the products derived from information within the 

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 and 

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; 

310
 
(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

carry out this section, including to obtain security clearances for the S

and tribal participants in the ITACG. 

NATIONAL ASSET DATABASE 

SEC. 210E. 

(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 inclusi

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 

311
 
(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); 

(D) examining the contents and identifying any subm

made by such an official that are described incorrectly 

not meet the guidelines established under subparagrap

(E) providing to the appropriate homeland security of

each relevant State a list of submissions identified un

subparagraph (D) for review and possible correction b

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

312 
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

(B) The name, location, and sector classification of ea

systems and assets on such list that are determined by 

Secretary to be most at risk to terrorism. 

(C) Any significant challenges in compiling the list o

systems and assets included on such list or in the data

established under subsection (a)(1). 

(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

313
 
 

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. 

TITLE VIII–COORDINATION WITH NON-FEDERAL ENT

INSPECTOR GENERAL; UNITED STATES SECRET SER

COAST GUARD; GENERAL PROVISIONS 

SUBTITLE I—INFORMATION SHARING 

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

314 
 

(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

have been established for rapid sharing of classified and sensi

unclassified information among Federal, State, and local entit

(12) Increased efforts to share homeland security information 

avoid duplicating existing information systems. 

(c) SENSE OF CONGRESS.—It is the sense of Congress that Federal, St

local entities should share homeland security information to the maxim

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. 

315
 
(b) PROCEDURES FOR SHARING OF HOMELAND SECURITY INFORMATI

(1) Under procedures prescribed by the President, all appropri

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; 

(B) have the capability to restrict delivery of informat

specified subgroups by geographic location, type of 

organization, position of a recipient within an organiz

recipient’s need to know such information; 

(C) be configured to allow the efficient and effective 

information; and 

(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 

316
 
(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. 

(c) SHARING OF CLASSIFIED INFORMATION AND SENSITIVE BUT UNCL

INFORMATION WITH STATE AND LOCAL PERSONNEL.— 

(1) The President shall prescribe procedures under which Fed

agencies may, to the extent the President considers necessary, 

appropriate State and local personnel homeland security infor

remains classified or otherwise protected after the determinati

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— 

317
 
(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. 

(C) The Secretary shall consult with the Attorney Gen

ensure that the training program established in subpar

does not duplicate the training program established in 

908 of the USA PATRIOT Act (Public Law 107-56; 

§509 note). 

(D) The Secretary shall carry out this paragraph in co

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; 

318
 
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. 

(g) CONSTRUCTION.—Nothing in this Act shall be construed as autho

department, bureau, agency, officer, or employee of the Federal Gove

request, receive, or transmit to any other Government entity or person

transmit to any State or local entity or personnel otherwise authorized 

to receive homeland security information, any information collected b

Federal Government solely for statistical purposes in violation of any 

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. 

319
 
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”; 

(B) in subparagraph(C)(i)— 

(i) in subclause(I), by inserting before the sem

following: “or, upon a request by an attorney 

government, when sought by a foreign court 

prosecutor for use in an official criminal inve

(ii) in subclause(IV)— 

(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 

320
 
 

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

AUTHORITY TO SHARE ELECTRONIC, WIRE,
 

AND ORAL INTERCEPTION INFORMATION
 

SEC. 896. 

Section 2517 of title 18, United States Code, is amended by adding at 

following: 

“(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 

321
 
conduct of that persons 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

and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001(Public L

50 U.S.C. §403-5d) is amended by adding at the end the following: “C

with the responsibility of the Director of Central Intelligence to protec

intelligence sources and methods, and the responsibility of the Attorne

to protect sensitive law enforcement information, it shall be lawful for 

information revealing a threat of actual or potential attack or other gra

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)”. 

322
 
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

who has the authority to appoint or direct the chief law enforcement o

that State or political subdivision)”. 

323
 
324
 
COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES 

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— 

325 
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. 

326
 
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), (

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

327
 
foreign power have the same meanings as set forth in section

and (b), respectively, of the Foreign Intelligence Surveillance 

1978. 

(8) [Redesignated] 

328
 
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. 

329
 
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

330
 
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

331
 
 

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 

332 
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 administrative 

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. 

333
 
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 possess

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. 

334
 
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. 

335
 
 

 

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

336
 
 

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. 

337
 
(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

338 
 

(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 trial 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

339
 
 

(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

340
 
 

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 

341
 
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. 

342
 
designated by the Attorney General for such purpose and may not be d

any other official. 

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

343
 
344
 
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 i

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. 

Sec. 112. Statement of exclusive means by which electronic sur

and interception of certain communications may be c

TITLE II—CONFORMING AMENDMENTS 

SEC. 201. Amendments to chapter 119 of title 18, United States 

TITLE III—PHYSICAL SEARCHES WITHIN THE 

UNITED STATES FOR FOREIGN INTELLIGENCE PURPOSES 

SEC. 301. Definitions. 

SEC. 302. Authorization of physical searches for foreign intellig

purposes. 

345
 
SEC. 309. Authorization during time of war. 

TITLE IV—PEN REGISTERS AND TRAP AND TRACE DEVICE

FOR FOREIGN INTELLIGENCE PURPOSES 

SEC. 401. Definitions. 

SEC. 402. Pen registers and trap and trace devices for foreign in

and 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 intellig

international terrorism investigations. 

SEC. 502. Congressional oversight. 

TITLE VI—REPORTING REQUIREMENT 

SEC. 601. Semiannual report of the Attorney General. 

TITLE VII— ADDITIONAL PROCEDURES REGARDING CERTAIN PE

OUTSIDE THE UNITED STATES 

Sec. 701. Definitions. 

Sec. 702. Procedures for targeting certain persons outside the U

other than United States persons. 

Sec. 703. Certain acquisitions inside the United States targeting 

States persons outside the United States. 

Sec. 704. Other acquisitions targeting United States persons ou

United States. 

Sec. 705. Joint applications and concurrent authorizations. 

Sec. 706. Use of information acquired under title VII. 

Sec. 707. Congressional oversight. 

Sec. 708. Savings provision. 

346
 
 

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

or governments; 

(4) a group engaged in international terrorism or activities in 

therefor; 

(5) a foreign-based political organization, not substantially co

United States persons; 

(6) an entity that is directed and controlled by a foreign gover

governments; or 

(7) an entity not substantially composed of United States pers

engaged in the international proliferation of weapons of mass 

destruction. 

(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 employee 

foreign power, or as a member of a foreign power as d

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

person’s presence in the United States indicate that su

may engage in such activities in the United States, or 

person knowingly aids or abets any person in the cond

347
 
(E) engages in the international proliferation of weapo

destruction, or activities in preparation therefor for or 

of a foreign power; or 

(2) any person who— 

(A) knowingly engages in clandestine intelligence gat

activities for or on behalf of a foreign power, which a

involve or may involve a violation of the criminal stat

United States; 

(B) pursuant to the direction of an intelligence service 

of a foreign power, knowingly engages in any other c

intelligence activities for or on behalf of such foreign 

which activities involve or are about to involve a viol

criminal statutes of the United States; 

(C) knowingly engages in sabotage or international te

activities that are in preparation therefor, for or on beh

foreign power; 

(D) knowingly enters the United States under a false o

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 conduct 

activities described in subparagraph (A), (B), or (C) o

knowingly conspires with any person to engage in act

described in subparagraph (A), (B), or (C). 

(c) “International terrorism” means activities that— 

(1) involve violent acts or acts dangerous to human life that a

violation of the criminal laws of the United States or of any S

would be a criminal violation if committed within the jurisdic

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 intimid

coercion; or 

(C) to affect the conduct of a government by assassin

kidnapping; and 

348
 
the United States. 

(e) “Foreign intelligence information” means— 

(1) information that relates to, and if concerning a United Sta

is necessary to, the ability of the United States to protect agai

(A) actual or potential attack or other grave hostile ac

foreign power or an agent of a foreign power; 

(B) sabotage, international terrorism, or the internatio

proliferation of weapons of mass destruction by a fore

or an 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 s

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 w

person has a reasonable expectation of privacy and a warrant 

required for law enforcement purposes; 

(2) the acquisition by an electronic, mechanical, or other surv

device of the contents of any wire communication to or from 

the United States, without the consent of any party thereto, if 

acquisition occurs in the United States, but does not include t

acquisition of those communications of computer trespassers 

be permissible under section 2511(2)(i) of title 18, United Sta

(3) the intentional acquisition by an electronic, mechanical, o

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 

349
 
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 Attorn

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 wi

of the United States to obtain, produce, and disseminate forei

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 i

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 tha

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

that require that no contents of any communication to which a 

States person is a party shall be disclosed, disseminated, or us

purpose or retained for longer than 72 hours unless a court or

section 105 is obtained or unless the Attorney General determ

the information indicates a threat of death or serious bodily h

person. 

(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

350
 
 

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. 

(p) `Weapon of mass destruction' means-- 

(1) any explosive, incendiary, or poison gas device that is des

intended, or has the capability to cause a mass casualty incide

(2) any weapon that is designed, intended, or has the capabilit

death or serious bodily injury to a significant number of perso

the release, dissemination, or impact of toxic or poisonous che

their precursors; 

(3) any weapon involving a biological agent, toxin, or vector 

terms are defined in section 178 of title 18, United States Cod

designed, intended, or has the capability to cause death, illnes

serious bodily injury to a significant number of persons; or 

(4) any weapon that is designed, intended, or has the capabilit

radiation or radioactivity causing death, illness, or serious bod

to a significant number of persons.'. 

351
 
title to acquire foreign intelligence information for periods of up to on

the Attorney General certifies in writing under oath that— 

(A) the electronic surveillance is solely directed at— 

(i) the acquisition of the contents of commun

transmitted by means of communications use

exclusively between or among foreign power

defined in section 101(a) (1), (2), or (3); or 

(ii) the acquisition of technical intelligence, o

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 

Select Committee on Intelligence at least thirty days p

effective date, unless the Attorney General determine

action is required and notifies the committees immedi

such minimization procedures and the reason for their 

effective immediately. 

(2) An electronic surveillance authorized by this subsection m

conducted only in accordance with the Attorney General’s ce

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

352 
(4) With respect to electronic surveillance authorized by this 

the Attorney General may direct a specified communication c

carrier to— 

(A) furnish all information, facilities, or technical assi

necessary to accomplish the electronic surveillance in 

manner as will protect its secrecy and produce a minim

interference with the services that such carrier is prov

customers; and 

(B) maintain under security procedures approved by t

General and the Director of National Intelligence any 

concerning the surveillance or the aid furnished which 

carrier wishes to retain. 

The Government shall compensate, at the prevailing rate, such carrier 

furnishing such aid. 

(b) Applications for a court order under this title are authorized if the 

has, by written authorization, empowered the Attormey General [sic] 

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 invol

acquisition of communications of any United States person. 

DESIGNATION OF JUDGES 

SEC. 103. [50 U.S.C. §1803] 

(a)(1) The Chief Justice of the United States shall publicly designate 1

court judges from at least seven of the United States judicial circuits o

fewer than 3 shall reside within 20 miles of the District of Columbia w

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 (except when sitting en banc under paragraph (2)) shall hea

application for electronic surveillance under this Act which has been d

353
 
 

(2)(A) The court established under this subsection may, on its 

initiative, or upon the request of the Government in any proce

party under section 501(f) or paragraph (4) or (5) of section 7

a hearing or rehearing, en banc, when ordered by a majority o

that constitute such court upon a determination that-- 

(i) en banc consideration is necessary to secu

maintain uniformity of the court's decisions; 

(ii) the proceeding involves a question of exc

importance. 

(B) Any authority granted by this Act to a judge of th

established under this subsection may be exercised by 

en banc. When exercising such authority, the court en 

comply with any requirements of this Act on the exer

authority. 

(C) For purposes of this paragraph, the court en banc 

consist of all judges who constitute the court establish

this subsection. 

(b) The Chief Justice shall publicly designate three judges, one of who

publicly designate as the presiding judge, from the United States distr

courts of appeals who together shall comprise a court of review which 

jurisdiction to review the denial of any application made under this A

court determines that the application was properly denied, the court sh

immediately provide for the record a written statement of each reason 

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 have 

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 N

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

354
 
(2) Not later than 60 days after the date of the enactment of th

PATRIOT Improvement and Reauthorization Act of 2005, th

established under subsection (a) shall adopt and, consistent w

protection of national security, publish procedures for the rev

petitions filed pursuant to section 1861(f)(1) or 1881a(h)(4) b

established under paragraph (1). Such procedures shall provid

review of a petition shall be conducted in camera and shall al

for the designation of an acting presiding judge. 

(f)(1) A judge of the court established under subsection (a), the court 

under subsection (b) or a judge of that court, or the Supreme Court of 

States or a justice of that court, may, in accordance with the rules of th

respective courts, enter a stay of an order or an order modifying an ord

court established under subsection (a) or the court established under s

(b) entered under any title of this Act, while the court established und

subsection (a) conducts a rehearing, while an appeal is pending to the 

established under subsection (b), or while a petition of certiorari is pen

Supreme Court of the United States, or during the pendency of any rev

that court. 

(2) The authority described in paragraph (1) shall apply to an 

entered under any provision of this Act. 

(g)(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 pursuan

subsection (a). 

(B) All of the judges on the court of review establishe

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 Sena

(F) The Committee on the Judiciary of the House of 

Representatives. 

355
 
 

compliance with an order or a rule of such court or with a procedure a

such court. 

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 identity, if known, or a description of the specific targ

electronic surveillance; 

(3) a statement of the facts and circumstances relied upon by 

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; 

(4) a statement of the proposed minimization procedures; 

(5) a description of the nature of the information sought and t

communications or activities to be subjected to the surveillan

(6) a certification or certifications by the Assistant to the Pres

National Security Affairs, an executive branch official or offi

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, or the De

Director of the Federal Bureau of Investigation, if designated 

President as a certifying official — 

(A) that the certifying official deems the information 

be foreign intelligence information; 

(B) that a significant purpose of the surveillance is to 

foreign intelligence information; 

356
 
(i) the information sought is the type of foreig

intelligence information designated; and 

(ii) such information cannot reasonably be ob

normal investigative techniques; 

(7) a summary statement of the means by which the surveillan

effected and a statement whether physical entry is required to 

surveillance; 

(8) a statement of the facts concerning all previous applicatio

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; and 

(9) a statement of the period of time for which the electronic 

is required to be maintained, and if the nature of the intelligen

gathering is such that the approval of the use of electronic sur

under this title should not automatically terminate when the d

type of information has first been obtained, a description of fa

supporting the belief that additional information of the same t

obtained thereafter. 

(b) The Attorney General may require any other affidavit or certificati

any other officer in connection with the application. 

(c) The judge may require the applicant to furnish such other informat

be necessary to make the determinations required by section 105. 

(d) (1)(A) Upon written request of the Director of the Federal Bureau 

Investigation, the Secretary of Defense, the Secretary of State, or the D

National Intelligence, or the Director of the Central Intelligence Agen

Attorney General shall personally review under subsection (a) an appl

under that subsection for a target described in section 101(b)(2). 

(B) Except when disabled or otherwise unavailable to 

request referred to in subparagraph (A), an official ref

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 a

actions in advance to ensure that delegation of such au

clearly established in the event such official is disable

otherwise unavailable to make such request. 

357 
 

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 su

responsibility is clearly established in the event the Attorney 

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

necessary in order for the Attorney General to approv

application under the second sentence of subsection (

purposes of making the application under this section

(C) Upon review of any modifications of an applicatio

under subparagraph (B), the official notified of the mo

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

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. 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 application has been made by a Federal officer and ap

the Attorney General; 

(2) on the basis of the facts submitted by the applicant there i

cause to believe that— 

358
 
surveillance is directed is being used, or is about to be 

foreign power or an agent of a foreign power; 

(3) the proposed minimization procedures meet the definition 

minimization procedures under section 101(h); and 

(4) the application which has been filed contains all statemen

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)(2), a judge may consider past activities of the tar

as facts and circumstances relating to current or future activities of the 

(c) (1) SPECIFICATIONS.-- An order approving an electronic surveillan

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; 

(B) the nature and location of each of the facilities or 

which the electronic surveillance will be directed, if k

(C) the type of information sought to be acquired and 

communications or activities to be subjected to the su

(D) the means by which the electronic surveillance w

effected and whether physical entry will be used to ef

surveillance; and 

(E) the period of time during which the electronic sur

approved. 

(2) DIRECTIONS.-- An order approving an electronic surveill

this 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 th

thwarting the identification of a specified person, such 

persons, furnish the applicant forthwith all informatio

359
 
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 a

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 pla

the electronic surveillance is directed; 

(B) the facts and circumstances relied upon by the app

justify the applicant’s belief that each new facility or 

which the electronic surveillance is directed is or was 

or is about to be used, by the target of the surveillance

(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)(1) An order issued under this section may approve an electronic su

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 elec

surveillance targeted against a foreign power, as defin

section 101(a), (1), (2), or (3), for the period specified 

application or for one year, whichever is less, and 

(B) an order under this Act for a surveillance targeted 

agent of a foreign power, who is not a United States p

360
 
(A) an extension of an order under this Act for a surve

targeted against a foreign power, a defined in paragra

or (7) of section 101(a), or against a foreign power as 

section 101(a)(4) that is not a United States person, m

period not to exceed one year if the judge finds proba

believe that no communication of any individual Unit

person will be acquired during the period, and 

(B) an extension of an order under this Act for a surve

targeted against an agent of a foreign power who is no

States person may be for a period not to exceed 1 yea

(3) At or before the end of the period of time for which electr

surveillance is approved by an order or an extension, the judg

assess compliance with the minimization procedures by revie

circumstances under which information concerning United St

persons was acquired, retained, or disseminated. 

(e)(1) Notwithstanding any other provision of this title, the Attorney G

authorize the emergency employment of electronic surveillance if the 

General--

(A) reasonably determines that an emergency situatio

with respect to the employment of electronic surveilla

obtain foreign intelligence information before an orde

authorizing such surveillance can with due diligence b

(B) reasonably determines that the factual basis for th

of an order under this title to approve such electronic 

surveillance exists; 

(C) informs, either personally or through a designee, a 

having jurisdiction under section 103 at the time of su

authorization that the decision has been made to empl

emergency electronic surveillance; and 

(D) makes an application in accordance with this title 

having jurisdiction under section 103 as soon as pract

not later than 7 days after the Attorney General autho

surveillance. 

(2) If the Attorney General authorizes the emergency employ

electronic surveillance under paragraph (1), the Attorney Gen

361
 
General, whichever is earliest. 

(4) A denial of the application made under this subsection ma

reviewed as provided in section 103. 

(5) In the event that such application for approval is denied, o

other case where the electronic surveillance is terminated and 

issued approving the surveillance, no information obtained or 

derived from such surveillance shall be received in evidence o

otherwise disclosed in any trial, 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 

bodily harm to any person. 

(6) The Attorney General shall assess compliance with the req

of paragraph (5). 

(f) Notwithstanding any other provision of this Act, officers, employe

agents of the United States are authorized in the normal course of thei

duties to conduct electronic surveillance not targeted against the comm

of any particular person or persons, under procedures approved by the 

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 

(D) Provided, That the test may exceed ninety days on

prior approval of the Attorney General; 

362
 
to that necessary to determine the existence and capab

such equipment; and 

(C) any information acquired by such surveillance is u

enforce chapter 119 of title 18, United States Code, or 

705 of the Communications Act of 1934, or to protect 

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; 

(B) such electronic surveillance is limited in extent an

to that necessary to train the personnel in the use of th

equipment; and 

(C) no contents of any communication acquired are re

disseminated for any purpose, but are destroyed as so

reasonably possible. 

(g) Certifications made by the Attorney General pursuant to section 10

applications made and orders granted under this title shall be retained 

of at least ten years from the date of the certification or application. 

(h) No cause of action shall lie in any court against any provider of a w

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. 

(i) In any case in which the Government makes an application to a jud

this title to conduct electronic surveillance involving communications 

judge grants such application, upon the request of the applicant, the ju

also authorize the installation and use of pen registers and trap and tra

and direct the disclosure of the information set forth in section 402(d)

363
 
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 trial, 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 trial, 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. 

(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 a State or a political subdivision thereof, against an aggrie

any information obtained or derived from an electronic surveillance o

aggrieved person pursuant to the authority of this Act, the State or pol

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 us

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 trial, 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— 

364
 
court or other authority is notified pursuant to subsection (c) or (d), or 

a motion is made pursuant to subsection (e), or whenever any motion 

is made by an aggrieved person pursuant to any other statute or rule o

States or any State before any court or other authority of the United St

State to discover or obtain applications or orders or other materials rel

electronic surveillance or to discover, obtain, or suppress evidence or 

obtained or derived from electronic surveillance under this Act, the U

district court or, where the motion is made before another authority, th

States district court in the same district as the authority, shall, notwith

any other law, if the Attorney General files an affidavit under oath tha

or an adversary hearing would harm the national security of the Unite

review in camera and ex parte the application, order, and such other m

relating to the surveillance as may be necessary to determine whether 

surveillance of the aggrieved person was lawfully authorized and cond

making this determination, the court may disclose to the aggrieved pe

appropriate security procedures and protective orders, portions of the 

order, or other materials relating to the surveillance only where such d

necessary to make an accurate determination of the legality of the sur

(g) If the United States district court pursuant to subsection (f) determ

surveillance was not lawfully authorized or conducted, it shall, in acco

with the requirements of law, suppress the evidence which was unlaw

obtained or derived from electronic surveillance of the aggrieved pers

otherwise grant the motion of the aggrieved person. If the court determ

the surveillance was lawfully authorized and conducted, it shall deny 

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 commu

under circumstances in which a person has a reasonable expectation o

and a warrant would be required for law enforcement purposes, and if 

365
 
 

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 of the n

required by this subsection may be postponed or suspended for a perio

exceed ninety days. Thereafter, on a further ex parte showing of good 

court shall forego ordering the serving of the notice required under thi

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

enforcement officer of that State or political subdivision) to coordinat

investigate or protect against— 

(A) actual or potential attack or other grave hostile ac

foreign power or an agent of a foreign power; 

(B) sabotage, international terrorism, or the internatio

proliferation of weapons of mass destruction by a fore

or an 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 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— 

366
 
 

 

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 

(C) the total number of emergency employments of el

surveillance under section 105(e) and the total numbe

subsequent orders approving or denying such electron

surveillance. 

(b) On or before one year after the effective date of this Act and on th

each year for four years thereafter, the Permanent Select Committee o

Intelligence and the Senate Select Committee on Intelligence shall rep

respectively to the House of Representatives and the Senate, concerni

implementation of this Act. Said reports shall include but not be limite

analysis and recommendations concerning whether this Act should be 

amended, (2) repealed, or (3) permitted to continue in effect without a

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 this Act, chapter 119, 121, or 206 of title 18, U

367
 
 

 

by this Act, chapter 119, 121, or 206 of title 18, United States 

any express statutory authorization that is an additional exclu

for conducting electronic surveillance under section 112. 

(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— 

(a) actual damages, but not less than liquidated damages of $1,000 or 

day for each day of violation, whichever is greater; 

(b) punitive damages; and 

(c) reasonable attorney’s fees and other investigation and litigation co

reasonably incurred. 

AUTHORIZATION DURING TIME OF WAR 

SEC. 111. [50 U.S.C. §1811] 

Notwithstanding any other law, the President, through the Attorney G

authorize electronic surveillance without a court order under this title 

foreign intelligence information for a period not to exceed fifteen cale

following a declaration of war by the Congress. 

368
 
which electronic surveillance and the interception of domestic wire, o

electronic communications may be conducted. 

(b) Only an express statutory authorization for electronic surveillance 

interception of domestic wire, oral, or electronic communications, oth

an amendment to this Act or chapters 119, 121, or 206 of title 18, Uni

Code, shall constitute an additional exclusive means for the purpose o

subsection (a). 

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

369
 
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 ca

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”. 

370
 
 

 

or oral communications and after granted or denied. 

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”, 

“international terrorism”, “sabotage”, “foreign intelligence in

“Attorney General”, “United States person”, “United States”, 

weapon of mass destruction, and “State” shall have the same 

as in section 101 of this Act, except as specifically provided b

(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 cour

established 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

technique of the particular physical search, to minimi

acquisition and retention, and prohibit the disseminati

nonpublicly available information concerning uncons

United States persons consistent with the need of the 

States to obtain, produce, and disseminate foreign inte

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 d

in a manner that identifies any United States person, w

such person’s consent, unless such person’s identity i

to understand such foreign intelligence information or 

importance; 

371
 
 

respect to any physical search approved pursuant to se

302(a), procedures that require that no information, m

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 an

(5) “Physical search” means any physical intrusion w

United States into premises or property (including exa

of the interior of property by technical means) that is 

result in a seizure, reproduction, inspection, or alterat

information, material, or property, under circumstanc

a person has a reasonable expectation of privacy and a 

would be required for law enforcement purposes, but 

include (A) “electronic surveillance”, as defined in se

of this Act, or (B) the acquisition by the United States 

Government of foreign intelligence information from 

international or foreign communications, or foreign in

activities conducted in accordance with otherwise app

Federal law involving a foreign electronic communica

system, utilizing a means other than electronic surveil

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 

372
 
to such physical search meet the definition of 

minimization procedures under paragraphs (1

(4) of section 301(4); and 

(B) the Attorney General reports such minimization p

and any changes thereto to the Permanent Select Com

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 pr

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 

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 Nation

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, custodi

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

373
 
(B) The Government shall compensate, at the prevaili

such landlord, custodian, or other person for furnishin

(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 Foreign Intelligence Surveillance Court. Notwithst

other provision of law, a judge of the court to whom application is ma

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 (excep

sitting en banc) shall hear the same application which has been denied 

by another judge designated under section 103(a) of this Act. If any ju

designated denies an application for an order authorizing a physical se

this title, such judge shall provide immediately for the record a written 

of each reason for such decision and, on motion of the United States, t

shall be transmitted, under seal, to the court of review established und

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 National Intelligence. 

374
 
approval of the Attorney General based upon the Attorney Generals f

it satisfies the criteria and requirements for such application as set fort

title. Each application shall include— 

(1) the identity of the Federal officer making the application; 

(2) the identity, if known, or a description of the target of the s

a description of the premises or property to be searched and of 

information, material, or property to be seized, reproduced, or 

(3) a statement of the facts and circumstances relied upon by 

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 or is ab

owned, used, possessed by, or is in transit to or from a 

power or an agent of a foreign power; 

(4) a statement of the proposed minimization procedures; 

(5) a statement of the nature of the foreign intelligence sough

manner in which the physical search is to be conducted; 

(6) a certification or certifications by the Assistant to the Pres

National Security Affairs, an executive branch official or offi

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, o

Deputy Director of the Federal Bureau of Investigation, if des

the President as a certifying official— 

(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 

375
 
techniques resulted in acquiring such information; and 

(8) a statement of the facts concerning all previous applicatio

been made to any judge under this title involving any of the p

premises, or property specified in the application, and the acti

each previous application. 

(b) The Attorney General may require any other affidavit or certificati

any other officer in connection with the application. 

(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 

Investigation, the Secretary of Defense, the Secretary of State

Director of National Intelligence, the Attorney General shall p

review under subsection (a) an application under that subsect

target described in section 101(b)(2). 

(B) Except when disabled or otherwise unavailable to 

request referred to in subparagraph (A), an official ref

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 a

actions in advance to ensure that delegation of such au

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 applica

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 su

responsibility is clearly established in the event the Attorney 

disabled or otherwise unavailable to make such determination

376
 
 

under subparagraph (B), the official notified of the mo

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

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 application has been made by a Federal officer and ap

the Attorney General; 

(2) on the basis of the facts submitted by the applicant there i

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 or is ab

owned, used, possessed by, or is in transit to or from a

a foreign power or a foreign power; 

(3) the proposed minimization procedures meet the definition 

minimization contained in this title; and 

(4) the application which has been filed contains all statemen

certifications required by section 303, and, if the target is a U

person, the certification or certifications are not clearly errone

377
 
(1) specify— 

(A) the identity, if known, or a description of the targ

physical search; 

(B) the nature and location of each of the premises or 

be searched; 

(C) the type of information, material, or property to b

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 wi

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 National Intelligence any records concern

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 res

physical search. 

(d)(1) An order issued under this section may approve a phys

for the period necessary to achieve its purpose, or for 90 days

is less, except that 

378
 
person may be for the period specified in the applicati

120 days, whichever is less. 

(2) Extensions of an order issued under this title may be grant

same basis as the original order upon an application for an ex

new findings made in the same manner as required for the ori

except that an extension of an order under this Act for a phys

targeted against a foreign power, as defined in paragraph (5), 

of section 101(a), or against a foreign power, as defined in se

101(a)(4), that is not a United States person, or against an age

foreign power who is not a United States person, may be for a 

to exceed one year if the judge finds probable cause to believ

property of any individual United States person will be acquir

the period. 

(3) At or before the end of the period of time for which a phys

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 unde

information concerning United States persons was acquired, re

disseminated. 

(e)(1) Notwithstanding any other provision of this title, the Attorney G

authorize the emergency employment of a physical search if the Attor

General--

(A) reasonably determines that an emergency situatio

with respect to the employment of a physical search t

foreign intelligence information before an order autho

physical search can with due diligence be obtained; 

(B) reasonably determines that the factual basis for is

an order under this title to approve such physical sear

(C) informs, either personally or through a designee, a 

the Foreign Intelligence Surveillance Court at the tim

authorization that the decision has been made to empl

emergency physical search; and 

(D) makes an application in accordance with this title 

of the Foreign Intelligence Surveillance Court as soon 

practicable, but not more than 7 days after the Attorne

authorizes such physical search. 

379
 
 

when the application for the order is denied, or after the expir

days from the time of authorization by the Attorney General, 

is earliest. 

(4) A denial of the application made under this subsection ma

reviewed as provided in section 103. 

(5) In the event that such application for approval is denied, o

other case where the physical search is terminated and no ord

approving the physical search, no information obtained or evi

derived from such physical search shall be received in eviden

otherwise disclosed in any trial, 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 physical search shall subseq

used or disclosed in any other manner by Federal officers or e

without the consent of such person, except with the approval 

Attorney General if the information indicates a threat of death 

bodily harm to any person. 

(6) The Attorney General shall assess compliance with the req

of paragraph (5). 

(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 General 

380
 
criminal proceeding with the advance authorization of the Attorney G

(d) Whenever the United States intends to enter into evidence or other

disclose in any trial, 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

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 informatio

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 

physical search to which he is an aggrieved person is to be, or 

introduced or otherwise used or disclosed in any trial, hearing

proceeding in or before any court, department, officer, agency

regulatory body, or other authority of the United States, a Sta

political subdivision thereof, may move to suppress the evide

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

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

381
 
same district as the authority shall, notwithstanding any other provisio

the Attorney General files an affidavit under oath that disclosure or an

hearing would harm the national security of the United States, review 

and ex parte the application, order, and such other materials relating to 

physical search as may be necessary to determine whether the physica

the aggrieved person was lawfully authorized and conducted. In maki

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 autho

section 304(d) and a subsequent order approving the search is 

obtained, the judge shall cause to be served on any United Sta

named in the application and on such other United States pers

to the search as the judge may determine in his discretion it is 

interests of justice to serve, notice of— 

(A) the fact of the application; 

(B) the period of the search; and 

(C) the fact that during the period information was or 

obtained. 

382
 
 

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

enforcement officer of that State or political subdivision) to coordinat

investigate or protect against— 

(A) actual or potential attack or other grave hostile ac

foreign power or an agent of a foreign power; 

(B) sabotage, international terrorism, or the internatio

proliferation of weapons of mass destruction by a fore

or an 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)(6) 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

the number of occasions, if any, where the Attorney General p

notice pursuant to section 305(b); and 

383
 
 

 

 

SEC. 307. [50 U.S.C. §1827] 

(a) A person is guilty of an offense if he intentionally— 

(1) under color of law for the purpose of obtaining foreign int

information, executes a physical search within the United Sta

as authorized by statute; or 

(2) discloses or uses information obtained under color of law 

search within the United States, knowing or having reason to 

the information was obtained through physical search not auth

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 $

$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. 

384
 
 

 

days following a declaration of war by the Congress. 

TITLE IV—PEN REGISTERS AND TRAP AND TRACE DE

FOR FOREIGN INTELLIGENCE PURPOSES 

DEFINITIONS 

SEC. 401. [50 U.S.C. §1841] 

As used in this title: 

(1) The terms “foreign power”, “agent of a foreign power”, 

“international terrorism”, “foreign intelligence information”, 

General”, “United States person”, “United States”, “person”, 

shall have 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 th

(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 FORE

INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGA

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 

385
 
(b) Each application under this section shall be in writing under oath o

affirmation to— 

(1) a judge of the court established by section 103(a) of this A

(2) a United States Magistrate Judge under chapter 43 of title 

States Code, who is publicly designated by the Chief Justice o

United States to have the power to hear applications for and g

approving the installation and use of a pen register or trap and 

device on behalf of a judge of that court. 

(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

that such investigation of a United States person is not condu

upon the basis of activities protected by the first amendment t

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) 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 o

facility to which the pen register or trap and t

is to be attached or applied and, in the case of 

386
 
facilities, or technical assistance necessary to 

the installation and operation of the pen regis

and trace device in such a manner as will pro

secrecy and produce a minimum amount of in

with the services that such provider, landlord

or other person is providing the person conce

(ii) such provider, landlord, custodian, or oth

(I) shall not disclose the existence of 

investigation or of the pen register or 

trace device to any person unless or u

by the court; and 

(II) shall maintain, under security pro

approved by the Attorney General an

Director of National Intelligence purs

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 reaso

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 s

the order)— 

(I) the name of the customer or subsc

(II) the address of the customer or sub

(III) the telephone or instrument num

other subscriber number or identifier, 

customer or subscriber, including any 

temporarily assigned network address 

associated routing or transmission inf

387
 
distance telephone records of the cust

subscriber; 

(VI) if applicable, any records reflect

of usage (or sessions) by the custome

subscriber; and 

(VII) any mechanisms and sources of 

for such service, including the numbe

credit card or bank account utilized fo

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 subs

(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 address 

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 

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. 

388
 
 

trace device shall be furnished at reasonable intervals during regular b

hours for the duration of the order to the authorized Government offic

officials. 

AUTHORIZATION DURING EMERGENCIES 

SEC. 403. [50 U.S.C. §1843] 

(a) Notwithstanding any other provision of this Act, when the Attorne

makes a determination described in subsection (b), the Attorney Gene

authorize the installation and use of a pen register or trap and trace de

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 7 days, a

Attorney General authorizes the installation and use of the pe

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 a

international terrorism or clandestine intelligence activities, p

that such investigation of a United States person is not condu

upon the basis of activities protected by the first amendment t

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 

389
 
 

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) 7 days after the time of the authorization by the A

General. 

(2) In the event that an application for an order applied for un

subsection (a)(2) is denied, or in any other case where the ins

and use of a pen register or trap and trace device under this se

terminated and no order under section 402 of this Act is issue

approving the installation and use of the pen register or trap a

device, as the case may be, no information obtained or eviden

from the use of the pen register or trap and trace device, as th

be, shall be received in evidence or otherwise disclosed in any 

hearing, or other proceeding in or before any court, grand jury

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 the use of the pen register or trap and trace dev

case may be, shall subsequently be used or disclosed in any o

by Federal officers or employees without the consent of such 

except with the approval of the Attorney General if the inform

indicates a threat of death or serious bodily harm to any perso

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. 

390
 
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

(c) Whenever the United States intends to enter into evidence or other

disclose in any trial, 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 derive

use of a pen register or trap and trace device pursuant to this title, the 

States shall, before the trial, hearing, or the other proceeding or at a re

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 

391
 
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

this title, 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 provision of law and if the A

General files an affidavit under oath that disclosure or any adversary h

would harm the national security of the United States, review in came

parte the application, order, and such other materials relating to the us

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 

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 tra

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 

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. 

392
 
 

 

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

concerning all uses of pen registers and trap and trace devices pursuan

title. 

(b) On a semiannual basis, the Attorney General shall also provide to 

committees referred to in subsection (a) and to the Committees on the 

of the House of Representatives and the Senate a report setting forth w

to the preceding 6-month period— 

(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 s

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 Bu

Investigation or a designee of the Director (whose rank shall b

than Assistant Special Agent in Charge) may make an applica

order requiring the production of any tangible things (includin

393
 
(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 

person, the Director of the Federal Bureau of Investigation m

the authority to make such application to either the Deputy D

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

(b) Each application under this section 

(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 concerning 

States person or to protect against international terrori

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

394
 
 

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. 

(2) An order under this subsection— 

(A) shall describe the tangible things that are ordered 

produced with sufficient particularity to permit them t

identified; 

(B) shall include the date on which the tangible things 

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) 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 purp

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; or 

(C) other persons as permitted by the Director of the F

Bureau of Investigation or the designee of the Directo

395
 
Bureau of Investigation has sought or obtained tangib

pursuant to an order under this section shall notify suc

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

production shall not be deemed to constitute a waiver of any privilege 

other proceeding or context. 

(f) [JUDICIAL REVIEW OF FISA ORDERS .--] 

(1) In this subsection— 

(A) the term “production order” means an order to pro

tangible thing under this section; and 

(B) the term “nondisclosure order” means an order im

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 da

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 as

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

396
 
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

finds that there is no reason to believe that disclosure 

endanger the national security of the United States, in

a criminal, counterterrorism, or counterintelligence in

interfere with diplomatic relations, or endanger the lif

physical safety of any person. 

(ii) If, upon filing of such a petition, the Atto

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 a

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 pet

397
 
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 

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. 

(g) MINIMIZATION PROCEDURES.--

(1) IN GENERAL.—Not later than 180 days after March 9, 200

Attorney General shall adopt specific minimization procedure

governing the retention and dissemination by the Federal Bur

Investigation of any tangible things, or information therein, re

the Federal Bureau of Investigation in response to an order un

subchapter. 

(2) DEFINED.—In this section, the term “minimization proced

means— 

(A) specific procedures that are reasonably designed i

the purpose and technique of an order for the producti

tangible things, to minimize the retention, and prohibi

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 nece

understand foreign intelligence information or assess 

importance; and 

(C) notwithstanding subparagraphs (A) and (B), proce

allow for the retention and dissemination of informati

evidence of a crime which has been, is being, or is ab

398
 
 

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

CONGRESSIONAL OVERSIGHT 

SEC. 502. [50 U.S.C. §1862] 

(a) On an annual basis, the Attorney General shall fully inform the Pe

Select Committee on Intelligence of the House of Representatives and 

Committee on Intelligence and the Committee on the Judiciary of the 

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— 

399
 
 

 

form. 

TITLE VI—REPORTING REQUIREMENT 

SEMIANNUAL REPORT OF THE ATTORNEY GENERAL 

SEC. 601. [50 U.S.C. §1871] 

(a) REPORT.—On a semiannual basis, the Attorney General shall subm

Permanent Select Committee on Intelligence of the House of Represen

Select Committee on Intelligence of the Senate, and the Committees o

Judiciary of the House of Representatives and the Senate, in a manner 

with the protection of the national security, a report setting forth with 

the preceding 6-month period— 

(1) the aggregate number of persons targeted for orders issued 

Act, including a breakdown of those targeted for— 

(A) electronic surveillance under section 105; 

(B) physical searches under section 304; 

(C) pen registers under section 402; 

(D) access to records under section 501; 

(E) acquisitions under section 703; and 

(F) acquisitions under section 704; 

(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 interpre

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, orders, or opinions of the Foreign I

Surveillance Court or Foreign Intelligence Surveillance Court 

400
 
committees of Congress referred to in subsection (a)-- 

(1) a copy of any decision, order, or opinion issued by the For

Intelligence Surveillance Court or the Foreign Intelligence Su

Court of Review that includes significant construction or inte

of any provision of this Act, and any pleadings, applications, 

memoranda of law associated with such decision, order, or op

later than 45 days after such decision, order, or opinion is issu

(2) a copy of each such decision, order, or opinion, and any p

applications, or memoranda of law associated with such decis

or opinion, that was issued during the 5-year period ending on 

the enactment of the FISA Amendments Act of 2008 and not 

submitted in a report under subsection (a). 

(d) PROTECTION OF NATIONAL SECURITY.-- The Attorney General, in 

consultation with the Director of National Intelligence, may authorize 

of materials described in subsection (c) that are provided to the comm

Congress referred to in subsection (a), if such redactions are necessary 

the national security of the United States and are limited to sensitive s

methods information or the identities of targets. 

(e) DEFINITIONS.-- In this section: 

(1) FOREIGN INTELLIGENCE SURVEILLANCE COURT.-- The te

Intelligence Surveillance Court' means the court established u

section 103(a). 

(2) FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIE

term `Foreign Intelligence Surveillance Court of Review' mea

court established under section 103(b). 

TITLE VII--ADDITIONAL PROCEDURES REGARDING CE

PERSONS OUTSIDE THE UNITED STATES 

DEFINITIONS 

SEC. 701. [50 U.S.C. §1881] 

(a) IN GENERAL.-- The terms `agent of a foreign power', `Attorney Ge

`contents', `electronic surveillance', `foreign intelligence information', 

power', `person', `United States', and `United States person' have the m

given such terms in section 101, except as specifically provided in thi

401
 
(2) FOREIGN INTELLIGENCE SURVEILLANCE COURT.-- The te

`Foreign Intelligence Surveillance Court' and `Court' mean th

established under section 103(a). 

(3) FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIE

OF REVIEW.-- The terms `Foreign Intelligence Surveillance C

Review' and `Court of Review' mean the court established un

103(b). 

(4) ELECTRONIC COMMUNICATION SERVICE PROVIDER.-- Th

`electronic communication service provider' means-- 

(A) a telecommunications carrier, as that term is defin

section 3 of the Communications Act of 1934 (47 U.S

(B) a provider of electronic communication service, a

is defined in section 2510 of title 18, United States Co

(C) a provider of a remote computing service, as that 

defined in section 2711 of title 18, United States Code

(D) any other communication service provider who ha

wire or electronic communications either as such 

communications are transmitted or as such communic

stored; or 

(E) an officer, employee, or agent of an entity describ

subparagraph (A), (B), (C), or (D). 

(5) INTELLIGENCE COMMUNITY.-- The term `intelligence com

has the meaning given the term in section 3(4) of the Nationa

Act of 1947 (50 U.S.C. 401a(4)). 

PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE 

UNITED STATES OTHER THAN UNITED STATES PERSON

SEC. 702. [50 U.S.C. §1881a] 

(a) AUTHORIZATION.-- Notwithstanding any other provision of law, u

issuance of an order in accordance with subsection (i)(3) or a determin

under subsection (c)(2), the Attorney General and the Director of Nati

Intelligence may authorize jointly, for a period of up to 1 year from th

date of the authorization, the targeting of persons reasonably believed 

located outside the United States to acquire foreign intelligence inform

(b) LIMITATIONS.-- An acquisition authorized under subsection (a)-- 

402
 
(3) may not intentionally target a United States person reason

believed to be located outside the United States; 

(4) may not intentionally acquire any communication as to wh

sender and all intended recipients are known at the time of the 

acquisition to be located in the United States; and 

(5) shall be conducted in a manner consistent with the fourth 

to the Constitution of the United States. 

(c) CONDUCT OF ACQUISITION.--

(1) IN GENERAL.-- An acquisition authorized under subsectio

be conducted only in accordance with-- 

(A) the targeting and minimization procedures adopte

accordance with subsections (d) and (e); and 

(B) upon submission of a certification in accordance w

subsection (g), such certification. 

(2) DETERMINATION.-- A determination under this paragraph 

purposes of subsection (a) is a determination by the Attorney 

and the Director of National Intelligence that exigent circums

because, without immediate implementation of an authorizati

subsection (a), intelligence important to the national security 

United States may be lost or not timely acquired and time doe

permit the issuance of an order pursuant to subsection (i)(3) p

implementation of such authorization. 

(3) TIMING OF DETERMINATION.-- The Attorney General and 

Director of National Intelligence may make the determination 

paragraph (2)-- 

(A) before the submission of a certification in accorda

subsection (g); or 

(B) by amending a certification pursuant to subsection 

at any time during which judicial review under subsec

such certification is pending. 

(4) CONSTRUCTION.-- Nothing in title I shall be construed to 

application for a court order under such title for an acquisition 

targeted in accordance with this section at a person reasonabl

to be located outside the United States. 

403
 
outside the United States; and 

(B) prevent the intentional acquisition of any commun

to which the sender and all intended recipients are kno

time of the acquisition to be located in the United Sta

(2) JUDICIAL REVIEW.-- The procedures adopted in accordanc

paragraph (1) shall be subject to judicial review pursuant to s

(i). 

(e) MINIMIZATION PROCEDURES.--

(1) REQUIREMENT TO ADOPT.-- The Attorney General, in con

with the Director of National Intelligence, shall adopt minimi

procedures that meet the definition of minimization procedure

section 101(h) or 301(4), as appropriate, for acquisitions auth

under subsection (a). 

(2) JUDICIAL REVIEW.-- The minimization procedures adopte

accordance with paragraph (1) shall be subject to judicial revi

pursuant to subsection (i). 

(f) GUIDELINES FOR COMPLIANCE WITH LIMITATIONS.--

(1) REQUIREMENT TO ADOPT.-- The Attorney General, in con

with the Director of National Intelligence, shall adopt guideli

ensure--

(A) compliance with the limitations in subsection (b); 

(B) that an application for a court order is filed as req

this Act. 

(2) SUBMISSION OF GUIDELINES.-- The Attorney General sha

the guidelines adopted in accordance with paragraph (1) to-- 

(A) the congressional intelligence committees; 

(B) the Committees on the Judiciary of the Senate and 

of Representatives; and 

(C) the Foreign Intelligence Surveillance Court. 

(g) CERTIFICATION.--

(1) IN GENERAL.--

(A) REQUIREMENT.-- Subject to subparagraph (B), pr

implementation of an authorization under subsection 

Attorney General and the Director of National Intellig

provide to the Foreign Intelligence Surveillance Cour

404
 
authorization under subsection (a), the Attorney Gene

Director of National Intelligence shall submit to the C

certification for such authorization as soon as practica

no event later than 7 days after such determination is 

(2) REQUIREMENTS.-- A certification made under this subsect

(A) attest that-- 

(i) there are procedures in place that have bee

approved, have been submitted for approval, 

submitted with the certification for approval b

Foreign Intelligence Surveillance Court that a

reasonably designed to-- 

(I) ensure that an acquisition authoriz

subsection (a) is limited to targeting p

reasonably believed to be located out

United States; and 

(II) prevent the intentional acquisition 

communication as to which the sende

intended recipients are known at the t

acquisition to be located in the United 

(ii) the minimization procedures to be used w

to such acquisition--

(I) meet the definition of minimizatio

procedures under section 101(h) or 30

appropriate; and 

(II) have been approved, have been su

approval, or will be submitted with th

certification for approval by the Forei

Intelligence Surveillance Court; 

(iii) guidelines have been adopted in accordan

subsection (f) to ensure compliance with the 

in subsection (b) and to ensure that an applica

court order is filed as required by this Act; 

(iv) the procedures and guidelines referred to 

(i), (ii), and (iii) are consistent with the requir

the fourth amendment to the Constitution of t

States; 

405 
subsection (b); 

(B) include the procedures adopted in accordance wit

subsections (d) and (e); 

(C) be supported, as appropriate, by the affidavit of an

appropriate official in the area of national security wh

(i) appointed by the President, by and with th

and consent of the Senate; or 

(ii) the head of an element of the intelligence 

community; 

(D) include--

(i) an effective date for the authorization that 

30 days after the submission of the written ce

to the court; or 

(ii) if the acquisition has begun or the effectiv

less than 30 days after the submission of the w

certification to the court, the date the acquisit

or the effective date for the acquisition; and 

(E) if the Attorney General and the Director of Nation

Intelligence make a determination under subsection (c

include a statement that such determination has been 

(3) CHANGE IN EFFECTIVE DATE.-- The Attorney General and 

Director of National Intelligence may advance or delay the ef

referred to in paragraph (2)(D) by submitting an amended cer

accordance with subsection (i)(1)(C) to the Foreign Intelligen

Surveillance Court for review pursuant to subsection (i). 

(4) LIMITATION.-- A certification made under this subsection 

required to identify the specific facilities, places, premises, or 

which an acquisition authorized under subsection (a) will be d

conducted. 

(5) MAINTENANCE OF CERTIFICATION.-- The Attorney Gener

designee of the Attorney General shall maintain a copy of a c

made under this subsection. 

(6) REVIEW.-- A certification submitted in accordance with th

subsection shall be subject to judicial review pursuant to subs

406
 
facilities, or assistance necessary to accomplish the ac

a manner that will protect the secrecy of the acquisitio

produce a minimum of interference with the services 

electronic communication service provider is providin

target of the acquisition; and 

(B) maintain under security procedures approved by t

General and the Director of National Intelligence any 

concerning the acquisition or the aid furnished that su

electronic communication service provider wishes to 

(2) COMPENSATION.-- The Government shall compensate, at 

prevailing rate, an electronic communication service provider 

providing information, facilities, or assistance in accordance w

directive issued pursuant to paragraph (1). 

(3) RELEASE FROM LIABILITY.-- No cause of action shall lie i

against any electronic communication service provider for pro

information, facilities, or assistance in accordance with a dire

pursuant to paragraph (1). 

(4) CHALLENGING OF DIRECTIVES.--

(A) AUTHORITY TO CHALLENGE.-- An electronic com

service provider receiving a directive issued pursuant 

paragraph (1) may file a petition to modify or set asid

directive with the Foreign Intelligence Surveillance C

shall have jurisdiction to review such petition. 

(B) ASSIGNMENT.-- The presiding judge of the Court 

a petition filed under subparagraph (A) to 1 of the jud

in the pool established under section 103(e)(1) not lat

hours after the filing of such petition. 

(C) STANDARDS FOR REVIEW.-- A judge considering 

filed under subparagraph (A) may grant such petition 

judge finds that the directive does not meet the requir

this section, or is otherwise unlawful. 

(D) PROCEDURES FOR INITIAL REVIEW.-- A judge sha

an initial review of a petition filed under subparagraph 

later than 5 days after being assigned such petition. If 

determines that such petition does not consist of claim

defenses, or other legal contentions that are warranted 

407
 
subparagraph or promptly thereafter, the judge shall p

written statement for the record of the reasons for suc

determination. 

(E) PROCEDURES FOR PLENARY REVIEW.-- If a judge 

that a petition filed under subparagraph (A) requires p

review, the judge shall affirm, modify, or set aside the 

that is the subject of such petition not later than 30 da

being assigned such petition. If the judge does not set 

directive, the judge shall immediately affirm or affirm 

modifications the directive, and order the recipient to 

with the directive in its entirety or as modified. The ju

provide a written statement for the record of the reaso

determination under this subparagraph. 

(F) CONTINUED EFFECT.-- Any directive not explicitl

or set aside under this paragraph shall remain in full e

(G) CONTEMPT OF COURT.-- Failure to obey an order 

under this paragraph may be punished by the Court as 

of court. 

(5) ENFORCEMENT OF DIRECTIVES.--

(A) ORDER TO COMPEL.-- If an electronic communica

service provider fails to comply with a directive issue

to paragraph (1), the Attorney General may file a peti

order to compel the electronic communication service 

comply with the directive with the Foreign Intelligenc

Surveillance Court, which shall have jurisdiction to re

petition. 

(B) ASSIGNMENT.-- The presiding judge of the Court 

a petition filed under subparagraph (A) to 1 of the jud

in the pool established under section 103(e)(1) not lat

hours after the filing of such petition. 

(C) PROCEDURES FOR REVIEW.-- A judge considering 

filed under subparagraph (A) shall, not later than 30 d

being assigned such petition, issue an order requiring 

electronic communication service provider to comply 

directive or any part of it, as issued or as modified, if 

finds that the directive meets the requirements of this 

408
 
(E) PROCESS.-- Any process under this paragraph may 

in any judicial district in which the electronic commu

service provider may be found. 

(6) APPEAL.--

(A) APPEAL TO THE COURT OF REVIEW.-- The Govern

electronic communication service provider receiving 

issued pursuant to paragraph (1) may file a petition w

Foreign Intelligence Surveillance Court of Review for 

a decision issued pursuant to paragraph (4) or (5). The 

Review shall have jurisdiction to consider such petitio

provide a written statement for the record of the reaso

decision under this subparagraph. 

(B) CERTIORARI TO THE SUPREME COURT.-- The Gov

an electronic communication service provider receivin

directive issued pursuant to paragraph (1) may file a p

a writ of certiorari for review of a decision of the Cou

Review issued under subparagraph (A). The record fo

review shall be transmitted under seal to the Supreme 

the United States, which shall have jurisdiction to rev

decision. 

(i) JUDICIAL REVIEW OF CERTIFICATIONS AND PROCEDURES.--

(1) IN GENERAL.--

(A) REVIEW BY THE FOREIGN INTELLIGENCE SURVEIL

COURT.-- The Foreign Intelligence Surveillance Cour

jurisdiction to review a certification submitted in acco

with subsection (g) and the targeting and minimizatio

procedures adopted in accordance with subsections (d

and amendments to such certification or such procedu

(B) TIME PERIOD FOR REVIEW.-- The Court shall revi

certification submitted in accordance with subsection 

targeting and minimization procedures adopted in acc

with subsections (d) and (e) and shall complete such r

issue an order under paragraph (3) not later than 30 da

date on which such certification and such procedures 

submitted. 

409
 
shall submit the amended certification or amended pro

the Court not later than 7 days after amending such ce

or such procedures. The Court shall review any amen

under this subparagraph under the procedures set forth 

subsection. The Attorney General and the Director of 

Intelligence may authorize the use of an amended cer

amended procedures pending the Court's review of su

amended certification or amended procedures. 

(2) REVIEW.-- The Court shall review the following: 

(A) CERTIFICATION.-- A certification submitted in acc

with subsection (g) to determine whether the certifica

contains all the required elements. 

(B) TARGETING PROCEDURES.-- The targeting proced

adopted in accordance with subsection (d) to assess w

procedures are reasonably designed to-­

(i) ensure that an acquisition authorized unde

(a) is limited to targeting persons reasonably 

be located outside the United States; and 

(ii) prevent the intentional acquisition of any 

communication as to which the sender and al

recipients are known at the time of the acquis

located in the United States. 

(C) MINIMIZATION PROCEDURES.-- The minimization 

adopted in accordance with subsection (e) to assess w

procedures meet the definition of minimization proce

section 101(h) or section 301(4), as appropriate. 

(3) ORDERS.--

(A) APPROVAL.-- If the Court finds that a certification 

in accordance with subsection (g) contains all the requ

elements and that the targeting and minimization proc

adopted in accordance with subsections (d) and (e) ar

with the requirements of those subsections and with th

amendment to the Constitution of the United States, th

shall enter an order approving the certification and the 

continued use in the case of an acquisition authorized 

410
 
consistent with the requirements of those subsections 

fourth amendment to the Constitution of the United S

Court shall issue an order directing the Government to

Government's election and to the extent required by th

order--

(i) correct any deficiency identified by the Co

not later than 30 days after the date on which 

issues the order; or 

(ii) cease, or not begin, the implementation o

authorization for which such certification wa

(C) REQUIREMENT FOR WRITTEN STATEMENT.-- In su

order under this subsection, the Court shall provide, 

simultaneously with the order, for the record a written 

of the reasons for the order. 

(4) APPEAL.--

(A) APPEAL TO THE COURT OF REVIEW.-- The Govern

file a petition with the Foreign Intelligence Surveillan

Review for review of an order under this subsection. T

of Review shall have jurisdiction to consider such pet

any decision under this subparagraph affirming, rever

modifying an order of the Foreign Intelligence Survei

Court, the Court of Review shall provide for the recor

statement of the reasons for the decision. 

(B) CONTINUATION OF ACQUISITION PENDING REHEA

APPEAL.-- Any acquisition affected by an order under 

(3)(B) may continue-- 

(i) during the pendency of any rehearing of th

the Court en banc; and 

(ii) if the Government files a petition for revi

order under this section, until the Court of Re

an order under subparagraph (C). 

(C) IMPLEMENTATION PENDING APPEAL.-- Not later t

days after the filing of a petition for review of an orde

paragraph (3)(B) directing the correction of a deficien

Court of Review shall determine, and enter a correspo

order regarding, whether all or any part of the correct

411
 
Supreme Court of the United States, which shall have 

jurisdiction to review such decision. 

(5) SCHEDULE.--

(A) REAUTHORIZATION OF AUTHORIZATIONS IN EFFE

Attorney General and the Director of National Intellig

to reauthorize or replace an authorization issued unde

(a), the Attorney General and the Director of National 

Intelligence shall, to the extent practicable, submit to 

the certification prepared in accordance with subsecti

the procedures adopted in accordance with subsection

(e) at least 30 days prior to the expiration of such auth

(B) REAUTHORIZATION OF ORDERS, AUTHORIZATION

DIRECTIVES.-- If the Attorney General and the Direct

National Intelligence seek to reauthorize or replace an 

authorization issued under subsection (a) by filing a c

pursuant to subparagraph (A), that authorization, and 

directives issued thereunder and any order related the

remain in effect, notwithstanding the expiration provi

subsection (a), until the Court issues an order with res

such certification under paragraph (3) at which time t

provisions of that paragraph and paragraph (4) shall a

respect to such certification. 

(j) JUDICIAL PROCEEDINGS.--

(1) EXPEDITED JUDICIAL PROCEEDINGS.-- Judicial proceeding

this section shall be conducted as expeditiously as possible. 

(2) TIME LIMITS.-- A time limit for a judicial decision in this 

shall apply unless the Court, the Court of Review, or any judg

the Court or the Court of Review, by order for reasons stated, 

that time as necessary for good cause in a manner consistent w

national security. 

(k) MAINTENANCE AND SECURITY OF RECORDS AND PROCEEDINGS.--

(1) STANDARDS.-- The Foreign Intelligence Surveillance Cou

maintain a record of a proceeding under this section, includin

appeals, orders, and statements of reasons for a decision, und

measures adopted by the Chief Justice of the United States, in 

412
 
classified information. 

(3) RETENTION OF RECORDS.-- The Attorney General and the 

National Intelligence shall retain a directive or an order issued 

section for a period of not less than 10 years from the date on 

directive or such order is issued. 

(l) ASSESSMENTS AND REVIEWS.--

(1) SEMIANNUAL ASSESSMENT.-- Not less frequently than onc

months, the Attorney General and Director of National Intellig

assess compliance with the targeting and minimization proced

adopted in accordance with subsections (d) and (e) and the gu

adopted in accordance with subsection (f) and shall submit eac

assessment to-- 

(A) the Foreign Intelligence Surveillance Court; and 

(B) consistent with the Rules of the House of Represe

the Standing Rules of the Senate, and Senate Resoluti

the 94th Congress or any successor Senate resolution-

(i) the congressional intelligence committees

(ii) the Committees on the Judiciary of the H

Representatives and the Senate. 

(2) AGENCY ASSESSMENT.-- The Inspector General of the De

Justice and the Inspector General of each element of the intel

community authorized to acquire foreign intelligence informa

subsection (a), with respect to the department or element of su

Inspector General--

(A) are authorized to review compliance with the targ

minimization procedures adopted in accordance with 

(d) and (e) and the guidelines adopted in accordance w

subsection (f); 

(B) with respect to acquisitions authorized under subs

shall review the number of disseminated intelligence 

containing a reference to a United States-person ident

number of United States-person identities subsequent

disseminated by the element concerned in response to 

for identities that were not referred to by name or title 

original reporting; 

413
 
(ii) the Director of National Intelligence; and 

(iii) consistent with the Rules of the House of 

Representatives, the Standing Rules of the Se

Senate Resolution 400 of the 94th Congress o

successor Senate resolution-- 

(I) the congressional intelligence com

and 

(II) the Committees on the Judiciary 

House of Representatives and the Se

(3) ANNUAL REVIEW.--

(A) REQUIREMENT TO CONDUCT.-- The head of each 

the intelligence community conducting an acquisition 

under subsection (a) shall conduct an annual review to 

whether there is reason to believe that foreign intellig

information has been or will be obtained from the acq

The annual review shall provide, with respect to acqu

authorized under subsection (a)--

(i) an accounting of the number of dissemina

intelligence reports containing a reference to 

States-person identity; 

(ii) an accounting of the number of United St

identities subsequently disseminated by that e

response to requests for identities that were n

to by name or title in the original reporting; 

(iii) the number of targets that were later dete

be located in the United States and, to the ext

possible, whether communications of such ta

reviewed; and 

(iv) a description of any procedures develope

head of such element of the intelligence comm

approved by the Director of National Intellige

assess, in a manner consistent with national s

operational requirements and the privacy inte

United States persons, the extent to which the 

acquisitions authorized under subsection (a) a

414
 
element and, as appropriate, the application of the min

procedures to a particular acquisition authorized unde

subsection (a). 

(C) PROVISION OF REVIEW.-- The head of each eleme

intelligence community that conducts an annual revie

subparagraph (A) shall provide such review to-- 

(i) the Foreign Intelligence Surveillance Cour

(ii) the Attorney General; 

(iii) the Director of National Intelligence; and 

(iv) consistent with the Rules of the House of 

Representatives, the Standing Rules of the Se

Senate Resolution 400 of the 94th Congress o

successor Senate resolution-- 

(I) the congressional intelligence com

and 

(II) the Committees on the Judiciary o

House of Representatives and the Sen

CERTAIN ACQUISITIONS INSIDE THE UNITED STATES TARGE

UNITED STATES PERSONS OUTSIDE THE UNITED STATE

SEC. 703. [50 U.S.C. §1881b] 

(a) JURISDICTION OF THE FOREIGN INTELLIGENCE SURVEILLANCE CO

(1) IN GENERAL.-- The Foreign Intelligence Surveillance Cou

have jurisdiction to review an application and to enter an orde

approving the targeting of a United States person reasonably 

be located outside the United States to acquire foreign intellig

information, if the acquisition constitutes electronic surveillan

acquisition of stored electronic communications or stored elec

that requires an order under this Act, and such acquisition is c

within the United States. 

(2) LIMITATION.-- If a United States person targeted under thi

subsection is reasonably believed to be located in the United 

during the effective period of an order issued pursuant to subs

an acquisition targeting such United States person under this 

shall cease unless the targeted United States person is again r

415
 
(1) IN GENERAL.-- Each application for an order under this se

be made by a Federal officer in writing upon oath or affirmati

judge having jurisdiction under subsection (a)(1). Each applic

require the approval of the Attorney General based upon the A

General's finding that it satisfies the criteria and requirements 

application, as set forth in this section, and shall include--

(A) the identity of the Federal officer making the appl

(B) the identity, if known, or a description of the Unit

person who is the target of the acquisition; 

(C) a statement of the facts and circumstances relied u

justify the applicant's belief that the United States per

the target of the acquisition is-- 

(i) a person reasonably believed to be located 

United States; and 

(ii) a foreign power, an agent of a foreign pow

officer or employee of a foreign power; 

(D) a statement of proposed minimization procedures 

the definition of minimization procedures under sectio

or 301(4), as appropriate; 

(E) a description of the nature of the information soug

type of communications or activities to be subjected t

acquisition; 

(F) a certification made by the Attorney General or an 

specified in section 104(a)(6) that-- 

(i) the certifying official deems the informatio

to be foreign intelligence information; 

(ii) a significant purpose of the acquisition is 

foreign intelligence information; 

(iii) such information cannot reasonably be o

normal investigative techniques; 

(iv) designates the type of foreign intelligenc

information being sought according to the cat

described in section 101(e); and 

(v) includes a statement of the basis for the ce

that--

416
 
the acquisition; 

(H) the identity of any electronic communication serv

provider necessary to effect the acquisition, provided 

application is not required to identify the specific faci

places, premises, or property at which the acquisition 

under this section will be directed or conducted; 

(I) a statement of the facts concerning any previous ap

that have been made to any judge of the Foreign Intel

Surveillance Court involving the United States person 

in the application and the action taken on each previo

application; and 

(J) a statement of the period of time for which the acq

required to be maintained, provided that such period o

not exceed 90 days per application. 

(2) OTHER REQUIREMENTS OF THE ATTORNEY GENERAL.-- T

Attorney General may require any other affidavit or certificat

any other officer in connection with the application. 

(3) OTHER REQUIREMENTS OF THE JUDGE.-- The judge may r

applicant to furnish such other information as may be necessa

the findings required by subsection (c)(1). 

(c) ORDER.--

(1) FINDINGS.-- Upon an application made pursuant to subsec

Foreign Intelligence Surveillance Court shall enter an ex part

requested or as modified by the Court approving the acquisiti

Court finds that-- 

(A) the application has been made by a Federal office

approved by the Attorney General; 

(B) on the basis of the facts submitted by the applican

United States person who is the target of the acquisiti

probable cause to believe that the target is--

(i) a person reasonably believed to be located 

United States; and 

(ii) a foreign power, an agent of a foreign pow

officer or employee of a foreign power; 

417
 
statement made under subsection (b)(1)(F)(v) and any 

information furnished under subsection (b)(3). 

(2) PROBABLE CAUSE.-- In determining whether or not probab

exists for purposes of paragraph (1)(B), a judge having jurisdi

subsection (a)(1) may consider past activities of the target and 

circumstances relating to current or future activities of the targ

United States person may be considered a foreign power, agen

foreign power, or officer or employee of a foreign power solel

basis of activities protected by the first amendment to the Con

the United States. 

(3) REVIEW.--

(A) LIMITATION ON REVIEW.-- Review by a judge hav

jurisdiction under subsection (a)(1) shall be limited to 

required to make the findings described in paragraph 

(B) REVIEW OF PROBABLE CAUSE.-- If the judge dete

the facts submitted under subsection (b) are insufficie

establish probable cause under paragraph (1)(B), the j

enter an order so stating and provide a written stateme

record of the reasons for the determination. The Gove

may appeal an order under this subparagraph pursuan

subsection (f). 

(C) REVIEW OF MINIMIZATION PROCEDURES.-- If the 

determines that the proposed minimization procedure

in paragraph (1)(C) do not meet the definition of mini

procedures under section 101(h) or 301(4), as appropr

judge shall enter an order so stating and provide a wri

statement for the record of the reasons for the determi

Government may appeal an order under this subparag

pursuant to subsection (f). 

(D) REVIEW OF CERTIFICATION.-- If the judge determ

application pursuant to subsection (b) does not contai

required elements, or that the certification or certifica

clearly erroneous on the basis of the statement made u

subsection (b)(1)(F)(v) and any other information furn

under subsection (b)(3), the judge shall enter an order 

and provide a written statement for the record of the r

418
 
in the application pursuant to subsection (b)(1)(B); 

(B) if provided in the application pursuant to subsecti

(b)(1)(H), the nature and location of each of the facili

places at which the acquisition will be directed; 

(C) the nature of the information sought to be acquire

type of communications or activities to be subjected t

acquisition; 

(D) a summary of the means by which the acquisition 

conducted and whether physical entry is required to e

acquisition; and 

(E) the period of time during which the acquisition is 

(5) DIRECTIVES.-- An order approving an acquisition under th

subsection shall direct--

(A) that the minimization procedures referred to in pa

(1)(C), as approved or modified by the Court, be follo

(B) if applicable, an electronic communication service 

to provide to the Government forthwith all informatio

or assistance necessary to accomplish the acquisition 

under such order in a manner that will protect the secr

acquisition and produce a minimum of interference w

services that such electronic communication service p

providing to the target of the acquisition; 

(C) if applicable, an electronic communication service 

to maintain under security procedures approved by th

General any records concerning the acquisition or the 

furnished that such electronic communication service 

wishes to maintain; and 

(D) if applicable, that the Government compensate, at 

prevailing rate, such electronic communication servic

for providing such information, facilities, or assistanc

(6) DURATION.-- An order approved under this subsection sha

effective for a period not to exceed 90 days and such order m

renewed for additional 90-day periods upon submission of ren

applications meeting the requirements of subsection (b). 

(7) COMPLIANCE.-- At or prior to the end of the period of tim

an acquisition is approved by an order or extension under this 

419
 
any other provision of this Act, if the Attorney General reason

determines that-- 

(A) an emergency situation exists with respect to the 

of foreign intelligence information for which an order 

obtained under subsection (c) before an order authoriz

acquisition can with due diligence be obtained, and 

(B) the factual basis for issuance of an order under thi

subsection to approve such acquisition exists, 

the Attorney General may authorize such acquisition if a judg

jurisdiction under subsection (a)(1) is informed by the Attorn

or a designee of the Attorney General, at the time of such auth

that the decision has been made to conduct such acquisition a

application in accordance with this section is made to a judge 

Foreign Intelligence Surveillance Court as soon as practicable

more than 7 days after the Attorney General authorizes such a

(2) MINIMIZATION PROCEDURES.-- If the Attorney General au

acquisition under paragraph (1), the Attorney General shall re

the minimization procedures referred to in subsection (c)(1)(C

issuance of a judicial order be followed. 

(3) TERMINATION OF EMERGENCY AUTHORIZATION.-- In the 

a judicial order approving an acquisition under paragraph (1), 

acquisition shall terminate when the information sought is ob

when the application for the order is denied, or after the expir

days from the time of authorization by the Attorney General, 

is earliest. 

(4) USE OF INFORMATION.-- If an application for approval sub

pursuant to paragraph (1) is denied, or in any other case wher

acquisition is terminated and no order is issued approving the 

acquisition, no information obtained or evidence derived from 

acquisition, except under circumstances in which the target of 

acquisition is determined not to be a United States person, sh

received in evidence or otherwise disclosed in any trial, heari

proceeding in or before any court, grand jury, department, off

agency, regulatory body, legislative committee, or other autho

United States, a State, or political subdivision thereof, and no 

information concerning any United States person acquired fro

420 
facilities, or assistance in accordance with an order or request for eme

assistance issued pursuant to subsection (c) or (d), respectively. 

(f) APPEAL.--

(1) APPEAL TO THE FOREIGN INTELLIGENCE SURVEILLANCE C

REVIEW.-- The Government may file a petition with the Forei

Intelligence Surveillance Court of Review for review of an ord

pursuant to subsection (c). The Court of Review shall have jur

consider such petition and shall provide a written statement fo

of the reasons for a decision under this paragraph. 

(2) CERIORARI TO THE SUPREME COURT.-- The Government m

petition for a writ of certiorari for review of a decision of the C

Review issued under paragraph (1). The record for such review 

transmitted under seal to the Supreme Court of the United Sta

shall have jurisdiction to review such decision. 

(g) CONSTRUCTION.-- Except as provided in this section, nothing in th

be construed to require an application for a court order for an acquisit

targeted in accordance with this section at a United States person reas

believed to be located outside the United States. 

OTHER ACQUISITIONS TARGETING UNITED STATES PERSO

OUTSIDE THE UNITED STATES
 

SEC. 704. [50 U.S.C. §1881c] 

(a) JURISDICTION AND SCOPE.--

(1) JURISDICTION.-- The Foreign Intelligence Surveillance Co

have jurisdiction to enter an order pursuant to subsection (c). 

(2) SCOPE.-- No element of the intelligence community may 

intentionally target, for the purpose of acquiring foreign intell

information, a United States person reasonably believed to be 

outside the United States under circumstances in which the ta

United States person has a reasonable expectation of privacy 

warrant would be required if the acquisition were conducted i

United States for law enforcement purposes, unless a judge o

Foreign Intelligence Surveillance Court has entered an order 

to such targeted United States person or the Attorney General 

421
 
order issued pursuant to subsection (c), an acquisition 

such United States person under this section shall cea

the targeted United States person is again reasonably 

be located outside the United States during the effecti

of such order. 

(B) APPLICABILITY.-- If an acquisition for foreign int

purposes is to be conducted inside the United States a

authorized under section 703, the acquisition may onl

conducted if authorized under section 703 or in accor

another provision of this Act other than this section. 

(C) CONSTRUCTION.-- Nothing in this paragraph shall 

construed to limit the authority of the Government to 

order or authorization under, or otherwise engage in a

that is authorized under, any other title of this Act. 

(b) APPLICATION.-- Each application for an order under this section sh

made by a Federal officer in writing upon oath or affirmation to a judg

jurisdiction under subsection (a)(1). Each application shall require the 

of the Attorney General based upon the Attorney General's finding tha

the criteria and requirements of such application as set forth in this sec

shall include--

(1) the identity of the Federal officer making the application; 

(2) the identity, if known, or a description of the specific Unit

person who is the target of the acquisition; 

(3) a statement of the facts and circumstances relied upon to j

applicant's belief that the United States person who is the targ

acquisition is--

(A) a person reasonably believed to be located outside 

States; and 

(B) a foreign power, an agent of a foreign power, or a

employee of a foreign power; 

(4) a statement of proposed minimization procedures that mee

definition of minimization procedures under section 101(h) o

appropriate; 

(5) a certification made by the Attorney General, an official s

section 104(a)(6), or the head of an element of the intelligenc

community that-- 

422
 
Court involving the United States person specified in the appl

the action taken on each previous application; and 

(7) a statement of the period of time for which the acquisition 

to be maintained, provided that such period of time shall not e

days per application. 

(c) ORDER.--

(1) FINDINGS.-- Upon an application made pursuant to subsec

Foreign Intelligence Surveillance Court shall enter an ex part

requested or as modified by the Court if the Court finds that-- 

(A) the application has been made by a Federal office

approved by the Attorney General; 

(B) on the basis of the facts submitted by the applican

United States person who is the target of the acquisiti

probable cause to believe that the target is--

(i) a person reasonably believed to be located 

United States; and 

(ii) a foreign power, an agent of a foreign pow

officer or employee of a foreign power; 

(C) the proposed minimization procedures, with respe

dissemination provisions, meet the definition of minim

procedures under section 101(h) or 301(4), as appropr

(D) the application that has been filed contains all stat

certifications required by subsection (b) and the certif

provided under subsection (b)(5) is not clearly errone

basis of the information furnished under subsection (b

(2) PROBABLE CAUSE.-- In determining whether or not probab

exists for purposes of paragraph (1)(B), a judge having jurisdi

subsection (a)(1) may consider past activities of the target and 

circumstances relating to current or future activities of the targ

United States person may be considered a foreign power, agen

foreign power, or officer or employee of a foreign power solel

basis of activities protected by the first amendment to the Con

the United States. 

(3) REVIEW.--

(A) LIMITATIONS ON REVIEW.-- Review by a judge h

jurisdiction under subsection (a)(1) shall be limited to 

423
 
the judge shall enter an order so stating and provide a 

statement for the record of the reasons for such determ

The Government may appeal an order under this subp

pursuant to subsection (e). 

(C) REVIEW OF MINIMIZATION PROCEDURES.-- If the 

determines that the minimization procedures applicab

dissemination of information obtained through an acq

under this subsection do not meet the definition of mi

procedures under section 101(h) or 301(4), as appropr

judge shall enter an order so stating and provide a wri

statement for the record of the reasons for such determ

The Government may appeal an order under this subp

pursuant to subsection (e). 

(D) SCOPE OF REVIEW OF CERTIFICATION.-- If the jud

determines that an application under subsection (b) do

contain all the required elements, or that the certificat

provided under subsection (b)(5) is clearly erroneous 

of the information furnished under subsection (b), the 

enter an order so stating and provide a written stateme

record of the reasons for such determination. The Gov

may appeal an order under this subparagraph pursuan

subsection (e). 

(4) DURATION.-- An order under this paragraph shall be effec

period not to exceed 90 days and such order may be renewed 

additional 90-day periods upon submission of renewal applic

meeting the requirements of subsection (b). 

(5) COMPLIANCE.-- At or prior to the end of the period of tim

an order or extension is granted under this section, the judge m

compliance with the minimization procedures referred to in p

(1)(C) by reviewing the circumstances under which informati

concerning United States persons was disseminated, provided 

judge may not inquire into the circumstances relating to the c

the acquisition. 

424
 
obtained under subsection (c) before an order under th

subsection can, with due diligence, be obtained, and 

(B) the factual basis for the issuance of an order unde

section exists, 

the Attorney General may authorize the emergency acquisitio

having jurisdiction under subsection (a)(1) is informed by the 

General or a designee of the Attorney General at the time of s

authorization that the decision has been made to conduct such 

acquisition and if an application in accordance with this sectio

to a judge of the Foreign Intelligence Surveillance Court as so

practicable, but not more than 7 days after the Attorney Gene

authorizes such acquisition. 

(2) MINIMIZATION PROCEDURES.-- If the Attorney General au

emergency acquisition under paragraph (1), the Attorney Gen

require that the minimization procedures referred to in subsec

(c)(1)(C) be followed. 

(3) TERMINATION OF EMERGENCY AUTHORIZATION.-- In the 

an order under subsection (c), an emergency acquisition unde

(1) shall terminate when the information sought is obtained, i

application for the order is denied, or after the expiration of 7 

the time of authorization by the Attorney General, whichever 

(4) USE OF INFORMATION.-- If an application submitted to the 

pursuant to paragraph (1) is denied, or in any other case wher

acquisition is terminated and no order with respect to the targ

acquisition is issued under subsection (c), no information obta

evidence derived from such acquisition, except under circums

which the target of the acquisition is determined not to be a U

person, shall be received in evidence or otherwise disclosed in 

hearing, or other proceeding in or before any court, grand jury

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 acquisition shall subsequently be used or 

any other manner by Federal officers or employees without th

of such person, except with the approval of the Attorney Gen

425
 
 

Review shall have jurisdiction to consider such petition and s

a written statement for the record of the reasons for a decision 

paragraph. 

(2) CERTIORARI TO THE SUPREME COURT.-- The Government 

petition for a writ of certiorari for review of a decision of the 

Review issued under paragraph (1). The record for such revie

transmitted under seal to the Supreme Court of the United Sta

shall have jurisdiction to review such decision. 

JOINT APPLICATIONS AND CONCURRENT AUTHORIZATIO

SEC. 705. [50 U.S.C. §1881d] 

(a) JOINT APPLICATIONS AND ORDERS.-- If an acquisition targeting a 

States person under section 703 or 704 is proposed to be conducted bo

and outside the United States, a judge having jurisdiction under sectio

or 704(a)(1) may issue simultaneously, upon the request of the Gover

joint application complying with the requirements of sections 703(b) a

orders under sections 703(c) and 704(c), as appropriate. 

(b) CONCURRENT AUTHORIZATION.-- If an order authorizing electron

surveillance or physical search has been obtained under section 105 o

Attorney General may authorize, for the effective period of that order

order under section 703 or 704, the targeting of that United States per

purpose of acquiring foreign intelligence information while such perso

reasonably believed to be located outside the United States. 

USE OF INFORMATION ACQUIRED UNDER TITLE VII 

SEC. 706. [50 U.S.C. §1881e] 

(a) INFORMATION ACQUIRED UNDER SECTION 702.-- Information acq

an acquisition conducted under section 702 shall be deemed to be info

acquired from an electronic surveillance pursuant to title I for purpose

106, except for the purposes of subsection (j) of such section. 

(b) INFORMATION ACQUIRED UNDER SECTION 703.-- Information acq

an acquisition conducted under section 703 shall be deemed to be info

acquired from an electronic surveillance pursuant to title I for purpose

106. 

426
 
Judiciary of the Senate and the House of Representatives, consistent w

Rules of the House of Representatives, the Standing Rules of the Sena

Senate Resolution 400 of the 94th Congress or any successor Senate r

concerning the implementation of this title. 

(b) CONTENT.-- Each report under subsection (a) shall include-- 

(1) with respect to section 702--

(A) any certifications submitted in accordance with se

702(g) during the reporting period; 

(B) with respect to each determination under section 7

the reasons for exercising the authority under such sec

(C) any directives issued under section 702(h) during 

reporting period; 

(D) a description of the judicial review during the rep

period of such certifications and targeting and minimi

procedures adopted in accordance with subsections (d

section 702 and utilized with respect to an acquisition 

section, including a copy of an order or pleading in co

with such review that contains a significant legal inter

the provisions of section 702; 

(E) any actions taken to challenge or enforce a directi

paragraph (4) or (5) of section 702(h); 

(F) any compliance reviews conducted by the Attorne

or the Director of National Intelligence of acquisition

under section 702(a); 

(G) a description of any incidents of noncompliance-­

(i) with a directive issued by the Attorney Ge

the Director of National Intelligence under se

702(h), including incidents of noncompliance 

specified person to whom the Attorney Gener

Director of National Intelligence issued a dire

section 702(h); and 

(ii) by an element of the intelligence commun

procedures and guidelines adopted in accorda

subsections (d), (e), and (f) of section 702; an

(H) any procedures implementing section 702; 

(2) with respect to section 703--

427
 
 

 

(C) the total number of emergency acquisitions autho

Attorney General under section 703(d) and the total n

subsequent orders approving or denying such acquisit

(3) with respect to section 704--

(A) the total number of applications made for orders u

section 704(b); 

(B) the total number of such orders-- 

(i) granted; 

(ii) modified; and 

(iii) denied; and 

(C) the total number of emergency acquisitions autho

Attorney General under section 704(d) and the total n

subsequent orders approving or denying such applicat

SAVINGS PROVISION 

SEC. 708. [50 U.S.C. §1881g]
 

Nothing in this title shall be construed to limit the authority of the Gov

seek an order or authorization under, or otherwise engage in any activ

authorized under, any other title of this Act. 

TITLE VIII--PROTECTION OF PERSONS 

ASSISTING THE GOVERNMENT 

DEFINITIONS 

SEC. 801. [50 U.S.C. §1885] 

In this title: 

(1) ASSISTANCE.-- The term `assistance' means the provision 

provision of access to, information (including communication 

communications records, or other information relating to a cu

communication), facilities, or another form of assistance. 

(2) CIVIL ACTION.-- The term `civil action' includes a covered 

action. 

(3) CONGRESSIONAL INTELLIGENCE COMMITTEES.-- The term 

`congressional intelligence committees' means-- 

428
 
civil action filed in a Federal or State court that-- 

(A) alleges that an electronic communication service 

furnished assistance to an element of the intelligence 

and 

(B) seeks monetary or other relief from the electronic 

communication service provider related to the provisi

assistance. 

(6) ELECTRONIC COMMUNICATION SERVICE PROVIDER.-- Th

`electronic communication service provider' means-- 

(A) a telecommunications carrier, as that term is defin

section 3 of the Communications Act of 1934 (47 U.S

(B) a provider of electronic communication service, a

is defined in section 2510 of title 18, United States Co

(C) a provider of a remote computing service, as that 

defined in section 2711 of title 18, United States Code

(D) any other communication service provider who ha

wire or electronic communications either as such 

communications are transmitted or as such communic

stored; 

(E) a parent, subsidiary, affiliate, successor, or assign

entity described in subparagraph (A), (B), (C), or (D)

(F) an officer, employee, or agent of an entity describ

subparagraph (A), (B), (C), (D), or (E). 

(7) INTELLIGENCE COMMUNITY.-- The term `intelligence com

has the meaning given the term in section 3(4) of the Nationa

Act of 1947 (50 U.S.C. 401a(4)). 

(8) PERSON.-- The term `person' means-­

(A) an electronic communication service provider; or 

(B) a landlord, custodian, or other person who may be 

or required to furnish assistance pursuant to--

(i) an order of the court established under sec

directing such assistance; 

(ii) a certification in writing under section 

2511(2)(a)(ii)(B) or 2709(b) of title 18, Unite

Code; or 

429
 
 

public utility commission, or other body authorized to regulat

electronic communication service provider. 

PROCEDURES FOR IMPLEMENTING STATUTORY DEFENSE

SEC. 802. [50 U.S.C. §1885a] 

(a) REQUIREMENT FOR CERTIFICATION.-- Notwithstanding any other p

law, a civil action may not lie or be maintained in a Federal or State c

any person for providing assistance to an element of the intelligence c

and shall be promptly dismissed, if the Attorney General certifies to th

court of the United States in which such action is pending that-- 

(1) any assistance by that person was provided pursuant to an 

the court established under section 103(a) directing such assis

(2) any assistance by that person was provided pursuant to a c

in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 1

States Code; 

(3) any assistance by that person was provided pursuant to a d

under section 102(a)(4), 105B(e), as added by section 2 of the 

America Act of 2007 (Public Law 110-55), or 702(h) directin

assistance; 

(4) in the case of a covered civil action, the assistance alleged 

been provided by the electronic communication service provi

(A) in connection with an intelligence activity involvi

communications that was-- 

(i) authorized by the President during the per

beginning on September 11, 2001, and endin

January 17, 2007; and 

(ii) designed to detect or prevent a terrorist at

activities in preparation for a terrorist attack, 

United States; and 

(B) the subject of a written request or directive, or a s

written requests or directives, from the Attorney Gene

head of an element of the intelligence community (or 

of such person) to the electronic communication servi

indicating that the activity was-- 

(i) authorized by the President; and 

430 
section. 

(2) SUPPLEMENTAL MATERIALS.-- In its review of a certificat

subsection (a), the court may examine the court order, certific

written request, or directive described in subsection (a) and an

court order, certification, written request, or directive submitt

to subsection (d). 

(c) LIMITATIONS ON DISCLOSURE.-- If the Attorney General files a de

under section 1746 of title 28, United States Code, that disclosure of a 

certification made pursuant to subsection (a) or the supplemental mate

provided pursuant to subsection (b) or (d) would harm the national sec

United States, the court shall-- 

(1) review such certification and the supplemental materials i

and ex parte; and 

(2) limit any public disclosure concerning such certification a

supplemental materials, including any public order following 

camera and ex parte review, to a statement as to whether the c

dismissed and a description of the legal standards that govern 

without disclosing the paragraph of subsection (a) that is the b

certification. 

(d) ROLE OF THE PARTIES.-- Any plaintiff or defendant in a civil actio

submit any relevant court order, certification, written request, or direc

district court referred to in subsection (a) for review and shall be perm

participate in the briefing or argument of any legal issue in a judicial p

conducted pursuant to this section, but only to the extent that such par

does not require the disclosure of classified information to such party. 

extent that classified information is relevant to the proceeding or wou

revealed in the determination of an issue, the court shall review such i

in camera and ex parte, and shall issue any part of the court's written o

would reveal classified information in camera and ex parte and mainta

part under seal. 

(e) NONDELEGATION.-- The authority and duties of the Attorney Gene

this section shall be performed by the Attorney General (or Acting At

General) or the Deputy Attorney General. 

(f) APPEAL.-- The courts of appeals shall have jurisdiction of appeals 

interlocutory orders of the district courts of the United States granting 

a motion to dismiss or for summary judgment under this section. 

431
 
 

 

provision of law. 

(i) APPLICABILITY.-- This section shall apply to a civil action pending 

after the date of the enactment of the FISA Amendments Act of 2008. 

PREEMPTION 

SEC. 803. [50 U.S.C. §1885b] 

(a) IN GENERAL.-- No State shall have authority to-- 

(1) conduct an investigation into an electronic communication 

provider's alleged assistance to an element of the intelligence 

community; 

(2) require through regulation or any other means the disclosu

information about an electronic communication service provi

alleged assistance to an element of the intelligence communit

(3) impose any administrative sanction on an electronic comm

service provider for assistance to an element of the intelligenc

community; or 

(4) commence or maintain a civil action or other proceeding t

requirement that an electronic communication service provide

information concerning alleged assistance to an element of th

intelligence community. 

(b) SUITS BY THE UNITED STATES.-- The United States may bring suit 

the provisions of this section. 

(c) JURISDICTION.-- The district courts of the United States shall have 

over any civil action brought by the United States to enforce the provi

this section. 

(d) APPLICATION.-- This section shall apply to any investigation, actio

proceeding that is pending on or commenced after the date of the enac

the FISA Amendments Act of 2008. 

REPORTING 

SEC. 804. [50 U.S.C. §1885c] 

(a) SEMIANNUAL REPORT.-- Not less frequently than once every 6 mo

Attorney General shall, in a manner consistent with national security, 

of the House of Representatives, the Standing Rules of the Senate, and 

432
 
(2) a description of the judicial review of the certifications ma

section 802; and 

(3) any actions taken to enforce the provisions of section 803

433
 
(a) DEFINITIONS.-- In this section: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.-- The term ``a

committees of Congress'' means-- 

(A) the Select Committee on Intelligence and the Com

the Judiciary of the Senate; and 

(B) the Permanent Select Committee on Intelligence a

Committee on the Judiciary of the House of Represen

(2) FOREIGN INTELLIGENCE SURVEILLANCE COURT.-- The ter

Intelligence Surveillance Court'' means the court established u

section 103(a) of the Foreign Intelligence Surveillance Act of 

U.S.C. 1803(a)). 

(3) PRESIDENT'S SURVEILLANCE PROGRAM AND PROGRAM.-- 

``President's Surveillance Program'' and ``Program'' mean the 

intelligence activity involving communications that was autho

the President during the period beginning on September 11, 2

ending on January 17, 2007, including the program referred to 

President in a radio address on December 17, 2005 (common

the Terrorist Surveillance Program). 

(b) Reviews.-- 

(1) REQUIREMENT TO CONDUCT.-- The Inspectors General of 

Department of Justice, the Office of the Director of National 

Intelligence, the National Security Agency, the Department o

and any other element of the intelligence community that part

the President's Surveillance Program, shall complete a compr

review of, with respect to the oversight authority and respons

each such Inspector General-- 

(A) all of the facts necessary to describe the establishm

implementation, product, and use of the product of th

(B) access to legal reviews of the Program and access 

information about the Program; 

(C) communications with, and participation of, indivi

entities in the private sector related to the Program; 

(D) interaction with the Foreign Intelligence Surveilla

and transition to court orders related to the Program; a

434
 
(i) work in conjunction, to the extent practica

any other Inspector General required to condu

review; and 

(ii) utilize, to the extent practicable, and not 

unnecessarily duplicate or delay, such review

that have been completed or are being undert

such Inspector General or by any other office 

Executive Branch related to the Program. 

(B) INTEGRATION OF OTHER REVIEWS.-- The Counse

Office of Professional Responsibility of the Departme

Justice shall provide the report of any investigation co

such Office on matters relating to the Program, includ

investigation of the process through which legal revie

Program were conducted and the substance of such re

the Inspector General of the Department of Justice, w

integrate the factual findings and conclusions of such 

investigation into its review. 

(C) COORDINATION.-- The Inspectors General shall d

one of the Inspectors General required to conduct a re

paragraph (1) that is appointed by the President, by an

advice and consent of the Senate, to coordinate the co

the reviews and the preparation of the reports. 

(c) REPORTS.-- 

(1) PRELIMINARY REPORTS.-- Not later than 60 days after the 

enactment of this Act, the Inspectors General of the Departme

Justice, the Office of the Director of National Intelligence, the 

Security Agency, the Department of Defense, and any other I

General required to conduct a review under subsection (b)(1)

submit to the appropriate committees of Congress an interim 

describes the planned scope of such review. 

(2) FINAL REPORT.-- Not later than 1 year after the date of the 

of this Act, the Inspectors General of the Department of Justic

Office of the Director of National Intelligence, the National S

Agency, the Department of Defense, and any other Inspector 

required to conduct a review under subsection (b)(1), shall su

appropriate committees of Congress, in a manner consistent w

435 
 

report shall not disclose the name or identity of any individua

of the private sector that participated in the Program or with w

was communication about the Program, to the extent that info

classified. 

(d) RESOURCES.--

(1) EXPEDITED SECURITY CLEARANCE.-- The Director of Nati

Intelligence shall ensure that the process for the investigation 

adjudication of an application by an Inspector General or any 

staff of an Inspector General for a security clearance necessar

conduct of the review under subsection (b)(1) is carried out a

expeditiously as possible. 

(2) ADDITIONAL PERSONNEL FOR THE INSPECTORS GENERAL.

Inspector General required to conduct a review under subsect

and submit a report under subsection (c) is authorized to hire 

additional personnel as may be necessary to carry out such re

prepare such report in a prompt and timely manner. Personne

to be hired under this paragraph-- 

(A) shall perform such duties relating to such a review 

relevant Inspector General shall direct; and 

(B) are in addition to any other personnel authorized b

(3) TRANSFER OF PERSONNEL.-- The Attorney General, the Se

Defense, the Director of National Intelligence, the Director of 

National Security Agency, or the head of any other element o

intelligence community may transfer personnel to the relevan

the Inspector General required to conduct a review under sub

(b)(1) and submit a report under subsection (c) and, in additio

other personnel authorized by law, are authorized to fill any v

caused by such a transfer. Personnel transferred under this pa

shall perform such duties relating to such review as the releva

Inspector General shall direct. 

SEVERABILITY 

SEC. 401 [50 U.S.C. 1801 note] 

If any provision of this Act, any amendment made by this Act, or the 

thereof to any person or circumstances is held invalid, the validity of t

436
 
(1) AMENDMENTS TO FISA.--

(A) IN GENERAL.--Except as provided in section 404, 

105A, 105B, and 105C of the Foreign Intelligence Su

Act of 1978 (50 U.S.C. 1805a, 1805b, and 1805c) are 

(B) TECHNICAL AND CONFORMING AMENDMENTS.--

(i) TABLE OF CONTENTS.--The table of conten

first section of the Foreign Intelligence Surve

of 1978 (50 U.S.C. 1801 et seq.) is amended 

the items relating to sections 105A, 105B, an

(ii) CONFORMING AMENDMENTS.--Except as 

section 404, section 103(e) of the Foreign Int

Surveillance Act of 1978 (50 U.S.C. 1803(e)) 

amended-- 

(I) in paragraph (1), by striking ``105

501(f)(1)'' and inserting ``501(f)(1) or 

702(h)(4)''; and 

(II) in paragraph (2), by striking ``105

501(f)(1)'' and inserting ``501(f)(1) or 

702(h)(4)''. 

(2) REPORTING REQUIREMENTS.--Except as provided in sectio

section 4 of the Protect America Act of 2007 (Public Law 110

Stat. 555) is repealed. 

(3) [50 USC 1803 note.] TRANSITION PROCEDURES.-- Except 

provided in section 404, subsection (b) of section 6 of the Pro

America Act of 2007 (Public Law 110-55; 121 Stat. 556) is re

(b) FISA AMENDMENTS ACT OF 2008.-­

(1) [50 USC 1881 note.] IN GENERAL.--Except as provided in 

404, effective December 31, 2012, title VII of the Foreign Int

Surveillance Act of 1978, [50 USC 1881-1881g.] as amended 

101(a), is repealed. 

(2) [18 USC 2511 note.] TECHNICAL AND CONFORMING AME

Effective December 31, 2012-- 

(A) the table of contents in the first section of such A

U.S.C. 1801 et seq.) is amended by striking the items 

title VII; 

437
 
Surveillance Act of 1978. 

TRANSITION PROCEDURES 

SEC. 404. 

(a) TRANSITION PROCEDURES FOR PROTECT AMERICA ACT OF 2007 

PROVISIONS.--

(1) CONTINUED EFFECT OF ORDERS, AUTHORIZATIONS, DIREC

Except as provided in paragraph (7), notwithstanding any oth

of law, any order, authorization, or directive issued or made p

section 105B of the Foreign Intelligence Surveillance Act of 

added by section 2 of the Protect America Act of 2007 (Publi

55; 121 Stat. 552), shall continue in effect until the expiration 

order, authorization, or directive. 

(2) APPLICABILITY OF PROTECT AMERICA ACT OF 2007 TO CO

ORDERS, AUTHORIZATIONS, DIRECTIVES.-- Notwithstanding a

provision of this Act, any amendment made by this Act, or th

Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.

(A) subject to paragraph (3), section 105A of such Ac

by section 2 of the Protect America Act of 2007 (Pub

110-55; 121 Stat. 552), shall continue to apply to any 

conducted pursuant to an order, authorization, or direc

referred to in paragraph (1); and 

(B) sections 105B and 105C of the Foreign Intelligen

Surveillance Act of 1978, as added by sections 2 and 

respectively, of the Protect America Act of 2007, shal

to apply with respect to an order, authorization, or dir

referred to in paragraph (1) until the later of-- 

(i) the expiration of such order, authorization

directive; or 

(ii) the date on which final judgment is entere

petition or other litigation relating to such ord

authorization, or directive. 

(3) USE OF INFORMATION.-- Information acquired from an acq

conducted pursuant to an order, authorization, or directive ref

paragraph (1) shall be deemed to be information acquired from 

438 
the Protect America Act of 2007, shall continue to apply with 

any directives issued pursuant to such section 105B. 

(5) JURISDICTION OF FOREIGN INTELLIGENCE SURVEILLANCE 

Notwithstanding any other provision of this Act or of the For

Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.

103(e) of the Foreign Intelligence Surveillance Act (50 U.S.C

as amended by section 5(a) of the Protect America Act of 200

Law 110-55; 121 Stat. 556), shall continue to apply with resp

directive issued pursuant to section 105B of the Foreign Intel

Surveillance Act of 1978, as added by section 2 of the Protect 

Act of 2007, until the later of-- 

(A) the expiration of all orders, authorizations, or dire

referred to in paragraph (1); or 

(B) the date on which final judgment is entered for an

or other litigation relating to such order, authorization

directive. 

(6) REPORTING REQUIREMENTS.--

(A) CONTINUED APPLICABILITY.-- Notwithstanding a

provision of this Act, any amendment made by this A

Protect America Act of 2007 (Public Law 110-55), or 

Foreign Intelligence Surveillance Act of 1978 (50 U.S

seq.), section 4 of the Protect America Act of 2007 sh

to apply until the date that the certification described 

subparagraph (B) is submitted. 

(B) CERTIFICATION.-- The certification described in th

subparagraph is a certification--

(i) made by the Attorney General; 

(ii) submitted as part of a semi-annual report 

section 4 of the Protect America Act of 2007

(iii) that states that there will be no further ac

carried out under section 105B of the Foreign 

Intelligence Surveillance Act of 1978, as add

section 2 of the Protect America Act of 2007

date of such certification; and 

(iv) that states that the information required t

included under such section 4 relating to any 

439
 
Act of 1978, as added by section 2 of the Protect Ame

2007 (Public Law 110-55), with an authorization und

702 of the Foreign Intelligence Surveillance Act of 19

added by section 101(a) of this Act), the Attorney Ge

the Director of National Intelligence shall, to the exte

practicable, submit to the Foreign Intelligence Surveil

(as such term is defined in section 701(b)(2) of such A

added)) a certification prepared in accordance with su

(g) of such section 702 and the procedures adopted in 

with subsections (d) and (e) of such section 702 at lea

before the expiration of such authorization. 

(B) CONTINUATION OF EXISTING ORDERS.-- If the Att

General and the Director of National Intelligence seek 

an authorization made pursuant to section 105B of the 

Intelligence Surveillance Act of 1978, as added by sec

the Protect America Act of 2007 (Public Law 110-55

522), by filing a certification in accordance with subp

(A), that authorization, and any directives issued there

any order related thereto, shall remain in effect, notwi

the expiration provided for in subsection (a) of such s

105B, until the Foreign Intelligence Surveillance Cou

term is defined in section 701(b)(2) of the Foreign Int

Surveillance Act of 1978 (as so added)) issues an orde

respect to that certification under section 702(i)(3) of 

(as so added) at which time the provisions of that sect

section 702(i)(4) of such Act (as so added) shall apply

(8) EFFECTIVE DATE.-- Paragraphs (1) through (7) shall take e

enacted on August 5, 2007. 

(b) TRANSITION PROCEDURES FOR FISA AMENDMENTS ACT OF 2008 

PROVISIONS.--

(1) ORDERS IN EFFECT ON DECEMBER 31, 2012.-- Notwithstan

other provision of this Act, any amendment made by this Act

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 180

any order, authorization, or directive issued or made under tit

the Foreign Intelligence Surveillance Act of 1978, as amende

440
 
order, authorization, or directive referred to in paragraph (1), 

such Act, as amended by section 101(a), shall continue to app

later of--

(A) the expiration of such order, authorization, or dire

(B) the date on which final judgment is entered for an

or other litigation relating to such order, authorization

directive. 

(3) CHALLENGE OF DIRECTIVES; PROTECTION FROM LIABILITY

INFORMATION.-- Notwithstanding any other provision of this 

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

seq.)--

(A) section 103(e) of such Act, as amended by section 

403(a)(1)(B)(ii), shall continue to apply with respect t

directive issued pursuant to section 702(h) of such Ac

by section 101(a); 

(B) section 702(h)(3) of such Act (as so added) shall c

apply with respect to any directive issued pursuant to 

702(h) of such Act (as so added); 

(C) section 703(e) of such Act (as so added) shall con

apply with respect to an order or request for emergenc

assistance under that section; 

(D) section 706 of such Act (as so added) shall contin

to an acquisition conducted under section 702 or 703 

(as so added); and 

(E) section 2511(2)(a)(ii)(A) of title 18, United States 

amended by section 101(c)(1), shall continue to apply 

issued pursuant to section 704 of the Foreign Intellige

Surveillance Act of 1978, as added by section 101(a). 

(4) REPORTING REQUIREMENTS.--

(A) CONTINUED APPLICABILITY.-- Notwithstanding a

provision of this Act or of the Foreign Intelligence Su

Act of 1978 (50 U.S.C. 1801 et seq.), section 601(a) o

(50 U.S.C. 1871(a)), as amended by section 101(c)(2)

sections 702(l) and 707 of such Act, as added by secti

shall continue to apply until the date that the certificat

described in subparagraph (B) is submitted. 

441 
Committees on the Judiciary of the Senate an

House of Representatives; 

(iii) that states that there will be no further ac

carried out under title VII of the Foreign Inte

Surveillance Act of 1978, as amended by sec

after the date of such certification; and 

(iv) that states that the information required t

included in a review, assessment, or report un

601 of such Act, as amended by section 101(

section 702(l) or 707 of such Act, as added by 

101(a), relating to any acquisition conducted 

VII of such Act, as amended by section 101(a

included in a review, assessment, or report un

section 601, 702(l), or 707. 

(5) TRANSITION PROCEDURES CONCERNING THE TARGETING O

STATES PERSONS OVERSEAS.-- Any authorization in effect on 

enactment of this Act under section 2.5 of Executive Order 12

intentionally target a United States person reasonably believe

located outside the United States shall continue in effect, and 

constitute a sufficient basis for conducting such an acquisition 

a United States person located outside the United States until 

of--

(A) the date that authorization expires; or 

(B) the date that is 90 days after the date of the enactm

Act. 

. 

442
 
and for other purposes. 

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

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 th

acquisition of foreign intelligence information under this secti

443 
custodian, or other person (including any officer, employee, a

other specified person of such service provider, custodian, or 

person) who has access to communications, either as they are 

or while they are stored, or equipment that is being or may be 

transmit or store such communications; 

(4) a significant purpose of the acquisition is to obtain foreign 

intelligence information; and 

(5) the minimization procedures to be used with respect to suc

acquisition activity meet the definition of minimization proce

section 101(h). 

This determination shall be in the form of a written certification, unde

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 s

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 s

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 accord

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 

444
 
 

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 Attor

and the Director of National Intelligence any records concern

acquisition or the aid furnished that such person wishes to ma

(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 t

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 subsection 

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 sectio

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 dire

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

445 
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 have 

jurisdiction to review such decision. 

(j) Judicial proceedings under this section shall be concluded as exped

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 pro

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 c

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 re

period of not less than 10 years from the date on which such directive 

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 

446
 
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 

447
 
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 outsid

United States. 

“105B. Additional procedure for authorizing certain acquisition 

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 (5

§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

448
 
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, a

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)). 

449
 
450
 
 

 

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 TERROR

SEC. 101. Counterterrorism fund. 

SEC. 102. Sense of Congress condemning discrimination against A

Muslim Americans. 

SEC. 103. Increased funding for the technical support center at the 

Bureau of Investigation. 

SEC. 104. Requests for military assistance to enforce prohibition i

emergencies. 

SEC. 105. Expansion of National Electronic Crime Task Force Ini

SEC. 106. Presidential authority. 

TITLE II—ENHANCED SURVEILLANCE PROCEDURES 

SEC. 201. Authority to intercept wire, oral, and electronic commu

relating to terrorism. 

SEC. 202. Authority to intercept wire, oral, and electronic commu

relating to computer fraud and abuse offenses. 

SEC. 203. Authority to share criminal investigative information. 

451
 
SEC. 207. Duration of FISA surveillance of non-United States per

are agents of a foreign power. 

SEC. 208. Designation of judges. 

SEC. 209. Seizure of voice-mail messages pursuant to warrants. 

SEC. 210. Scope of subpoenas for records of electronic communic

SEC. 211. Clarification of scope. 

SEC. 212. Emergency disclosure of electronic communications to 

and limb. 

SEC. 213. Authority for delaying notice of the execution of a warr

SEC. 214. Pen register and trap and trace authority under FISA. 

SEC. 215. Access to records and other items under the Foreign Int

Surveillance Act. 

SEC. 216. Modification of authorities relating to use of pen registe

and 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 ev

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 ABATEME

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 LAUNDER

AND RELATED MEASURES 

SEC. 311. Special measures for jurisdictions, financial institutions

international transactions of primary money laundering 

SEC. 312. Special due diligence for correspondent accounts and pr

banking accounts. 

452
 
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. 

SEC. 321. Financial institutions specified in subchapter II of chapt

title 31, United States code. 

SEC. 322. Corporation represented by a fugitive. 

SEC. 323. Enforcement of foreign judgments. 

SEC. 324. Report and recommendation. 

SEC. 325. Concentration accounts at financial institutions. 

SEC. 326. Verification of identification. 

SEC. 327. Consideration of anti-money laundering record. 

SEC. 328. International cooperation on identification of originator

transfers. 

SEC. 329. Criminal penalties. 

SEC. 330. International cooperation in investigations of money lau

financial crimes, and the finances of terrorist groups. 

SUBTITLE B—BANK SECRECY ACT AMENDMENTS 

AND RELATED IMPROVEMENTS 

SEC. 351. Amendments relating to reporting of suspicious activiti

SEC. 352. Anti-money laundering programs. 

SEC. 353. Penalties for violations of geographic targeting orders a

recordkeeping requirements, and lengthening effective 

geographic targeting orders. 

SEC. 354. Anti-money laundering strategy. 

SEC. 355. Authorization to include suspicions of illegal activity in 

employment references. 

SEC. 356. Reporting of suspicious activities by securities brokers 

investment company study. 

SEC. 357. Special report on administration of bank secrecy provis

SEC. 358. Bank secrecy provisions and activities of United States 

intelligence agencies to fight international terrorism. 

SEC. 359. Reporting of suspicious activities by underground bank

systems. 

SEC. 360. Use of authority of United States Executive Directors. 

453
 
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. 

TITLE IV—PROTECTING THE BORDER 

SUBTITLE A—PROTECTING THE NORTHERN BORDER 

SEC. 401. Ensuring adequate personnel on the northern border. 

SEC. 402. Northern border personnel. 

SEC. 403. Access by the Department of State and the INS to certa

identifying information in the criminal history records o

applicants and applicants for admission to the United St

SEC. 404. Limited authority to pay overtime. 

SEC. 405. Report on the integrated automated fingerprint identific

system for 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 cor

judicial review. 

SEC. 413. Multilateral cooperation against terrorists. 

SEC. 414. Visa integrity and security. 

SEC. 415. Participation of Office of Homeland Security on Entry-

Force. 

SEC. 416. Foreign student monitoring program. 

SEC. 417. Machine readable passports. 

SEC. 418. Prevention of consulate shopping. 

454
 
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 TERROR

SEC. 501. Attorney General’s authority to pay rewards to combat 

SEC. 502. Secretary of State’s authority to pay rewards. 

SEC. 503. DNA identification of terrorists and other violent offend

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. 

TITLE VI—PROVIDING FOR VICTIMS OF TERRORISM,
 

PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES
 

SUBTITLE A—AID TO FAMILIES OF PUBLIC SAFETY OFFICER

SEC. 611. Expedited payment for public safety officers involved i

prevention, investigation, rescue, or recovery efforts rel

terrorist attack. 

SEC. 612. Technical correction with respect to expedited payment

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 

SEC. 621. Crime victims fund. 

SEC. 622. Crime victim compensation. 

SEC. 623. Crime victim assistance. 

SEC. 624. Victims of terrorism. 

455
 
TITLE VIII—STRENGTHENING THE CRIMINAL LAWS AGAINST TER

SEC. 801. Terrorist attacks and other acts of violence against mass 

transportation systems. 

SEC. 802. Definition of domestic terrorism. 

SEC. 803. Prohibition against harboring terrorists. 

SEC. 804. Jurisdiction over crimes committed at U.S. facilities abr

SEC. 805. Material support for terrorism. 

SEC. 806. Assets of terrorist organizations. 

SEC. 807. Technical clarification relating to provision of material 

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 

response to Government requests. 

SEC. 816. Development and support of cybersecurity forensic cap

SEC. 817. Expansion of the biological weapons statute. 

TITLE IX—IMPROVED INTELLIGENCE 

SEC. 901. Responsibilities of Director of Central Intelligence rega

foreign intelligence collected under Foreign Intelligenc

Surveillance Act of 1978. 

SEC. 902. Inclusion of international terrorist activities within scop

intelligence under National Security Act of 1947. 

SEC. 903. Sense of Congress on the establishment and maintenanc

intelligence relationships to acquire information on terr

terrorist organizations. 

SEC. 904. Temporary authority to defer submittal to Congress of r

intelligence and intelligence-related matters. 

SEC. 905. Disclosure to Director of Central Intelligence of foreign 

intelligence-related information with respect to crimina

investigations. 

456
 
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 

Asia. 

SEC. 1008. Feasibility study on use of biometric identifier scanning 

with access to the FBI integrated automated fingerprint 

identification system at overseas consular posts and poi

to the United States. 

SEC. 1009. Study of access. 

SEC. 1010. Temporary authority to contract with local and State go

for performance of security functions at United States m

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 provi

funding for bioterrorism preparedness and response. 

SEC. 1014. Grant program for State and local domestic preparednes

SEC. 1015. Expansion and reauthorization of the crime identificatio

technology act for antiterrorism grants to States and loc

SEC. 1016. Critical infrastructures protection. 

TITLE II – ENHANCED SURVEILLANCE PROCEDUR

AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRON

COMMUNICATIONS RELATING TO TERRORISM
 

SEC. 201. 

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 

457
 
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 of 

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

because of matters occurring before t

jury; 

“(III) when the disclosure is made by 

for the government to another Federa

jury; 

“(IV) when permitted by a court at th

an attorney for the government, upon 

that such matters may disclose a viol

State criminal law, to an appropriate 

458
 
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— 

“(aa) actual or potential attac

grave hostile acts of a foreign 

an agent of a foreign power; 

“(bb) sabotage or internation

by a foreign power or an age

foreign power; or 

“(cc) clandestine intelligence 

by an intelligence service or 

a foreign power or by an age

foreign power; or 

459
 
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 counterintell

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.”. 

(2) DEFINITION.—Section 2510 of title 18, United States Cod

amended by— 

(A) in paragraph (17), by striking “and” after the sem

(B) in paragraph (18), by striking the period and inser

and”; and 

(C) by inserting at the end the following: 

“(19) ‘foreign intelligence information’ means— 

460
 
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 inf

in the performance of his official duties. Any Federal official 

receives information pursuant to this provision may use that in

only as necessary in the conduct of that person’s official dutie

any limitations on the unauthorized disclosure of such inform

(2) DEFINITION.—In this subsection, the term “foreign intellig

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 ho

a foreign power or an agent of a foreign powe

461
 
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 

WIRE, 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. 

(b) SECURITY REQUIREMENT.—The Director of the Federal Bureau of 

Investigation shall establish such security requirements as are necessa

personnel employed as translators under subsection (a). 

(c) REPORT.—The Attorney General shall report to the Committees on 

Judiciary of the House of Representatives and the Senate on— 

(1) the number of translators employed by the FBI and other c

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 

462
 
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) 

the period specified in the application or for 120 days

is less”. 

(b) EXTENSION.— 

(1) IN GENERAL.—Section 105(d)(2) of the Foreign Intelligen

Surveillance Act of 1978 (50 U.S.C. §1805(d)(2)) is amended 

(A) inserting “(A)” after “except that”; and 

(B) inserting before the period the following: “, and (

extension of an order under this Act for a surveillance 

463
 
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. 

SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC COMMUN

SEC. 210. 

Section 2703(c)(2) of title 18, United States Code, as redesignated by 

212, is amended— 

(1) by striking “entity the name, address, local and long distan

telephone toll billing records, telephone number or other subs

464 
(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

(2) in subsection (h), by striking “A governmental entity” and 

“Except as provided in subsection (c)(2)(D), a governmental e

EMERGENCY DISCLOSURE OF ELECTRONIC 

COMMUNICATIONS TO PROTECT LIFE AND LIMB
 

SEC. 212. 

(a) DISCLOSURE OF CONTENTS.— 

465
 
(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: 

“(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER RECORDS.—A prov

described in subsection (a) may divulge a record or other information 

to a subscriber to or customer of such service (not including the conte

communications covered by subsection (a)(1) or (a)(2))— 

“(1) as otherwise authorized in section 2703; 

“(2) with the lawful consent of the customer or subscriber; 

“(3) as may be necessarily incident to the rendition of the serv

the protection of the rights or property of the provider of that 

466
 
the item relating to section 2702 and inserting the following: 

“2702. Voluntary disclosure of customer communications or re

(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 rec

(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 servi

including the contents of communications covered by 

(a) or (b) of this section) to a governmental entity’ an

‘)”; 

(iii) by redesignating subparagraph (C) as par

(iv) by redesignating clauses (i), (ii), (iii), and 

subparagraphs (A), (B), (C), and (D), respect

(v) in subparagraph (D) (as redesignated) by 

period and inserting “; or”; and 

(vi) by inserting after subparagraph (D) (as re

the following: 

467
 
 

the item relating to section 2703 and inserting the following: 

“2703. Required disclosure of customer communications or rec

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 ord

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 

“(3) the warrant provides for the giving of such notice within 

reasonable period of its execution, which period may thereafte

extended by the court for good cause shown.”. 

PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER F

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

468 
“(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 

trace device, the geographic limits of the trap 

order.”. 

(b) AUTHORIZATION DURING EMERGENCIES.—Section 403 of the For

Intelligence Surveillance Act of 1978 (50 U.S.C. §1843) is amended— 

(1) in subsection (a), by striking “foreign intelligence informa

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 

469
 
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— 

“(A) be conducted under guidelines approved by the A

General under Executive Order 12333 (or a successor 

and 

“(B) not be conducted of a United States person solel

basis of activities protected by the first amendment to 

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

470
 
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. 

“(b) On a semiannual basis, the Attorney General shall provide to the 

Committees on the Judiciary of the House of Representatives and the 

report setting forth with respect to the preceding 6-month period— 

“(1) the total number of applications made for orders approvin

for the production of tangible things under section 402; and 

“(2) the total number of such orders either granted, modified, 

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 

471
 
“(a) IN GENERAL.— 

“(1) ATTORNEY FOR THE GOVERNMENT.—Upon an applicatio

under section 3122(a)(1), the court shall enter an ex parte orde

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 i

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

and trace device within the jurisdiction of the court, if the cou

the State law enforcement or investigative officer has certified 

court that the information likely to be obtained by such install

use is relevant to an ongoing criminal investigation. 

“(3)(A) Where the law enforcement agency implementing an 

order under this subsection seeks to do so by installing and us

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

472
 
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

“(C) the attributes of the communications to which th

applies, including the number or other identifier and, 

the location of the telephone line or other facility to w

pen register or trap and trace device is to be attached 

and, in the case of an order authorizing installation an

trap and trace device under subsection (a)(2), the geog

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

473
 
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 inc

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 inc

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— 

(A) by striking “and”; and 

(B) by inserting “, and ‘contents’ “ after “electronic 

communication service”. 

(5) TECHNICAL AMENDMENT.—Section 3124(d) of title 18, U

States Code, is amended by striking “the terms of”. 

(6) CONFORMING AMENDMENT.—Section 3124(b) of title 18

States Code, is amended by inserting “or other facility” after “

appropriate line”. 

474
 
(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 

computer trespasser’s communication

protected computer; 

“(II) the person acting under color of 

lawfully engaged in an investigation; 

“(III) the person acting under color o

reasonable grounds to believe that the 

of the computer trespasser’s commun

will be relevant to the investigation; 

“(IV) such interception does not acqu

communications other than those tran

or from the computer trespasser.”. 

475
 
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: 

“(3) the term ‘court of competent jurisdiction’ has the meanin

by section 3127, and includes any Federal court within that de

without geographic limitation.”. 

(b) CONFORMING AMENDMENT.—Section 2703(d) of title 18, United 

Code, is amended by striking “described in section 3127(2)(A)”. 

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— 

476
 
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 

(5) any foreign organization, group, or persons subject to any 

for its involvement in weapons of mass destruction or missile 

proliferation. 

ASSISTANCE TO LAW ENFORCEMENT AGENCIES 

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. 

477
 
(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

beyond the extent permitted by section 2517 is a violation of this chap

purposes of section 2520(a).”. 

(b) Section 2707 of title 18, United States Code, is amended— 

(1) in subsection (a), after “entity”, by inserting “, other than t

States,”; 

(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

478
 
“(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 by addi

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 

commence an action in United States District Court against the United 

recover money damages. In any such action, if a person who is aggrie

successfully establishes such a violation of this chapter or of chapter 1

title or of the above specific provisions of title 50, the Court may asse

damages— 

“(1) actual damages, but not less than $10,000, whichever am

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 

479 
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

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

“(d) EXCLUSIVE REMEDY.—Any action against the United States und

subsection shall be the exclusive remedy against the United States for 

within the purview of this section. 

“(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

480 
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), 205

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

that began or occurred before the date on which such provisions cease 

effect, such provisions shall continue in effect. 

IMMUNITY FOR COMPLIANCE WITH FISA WIRETAP 

SEC. 225. 

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.”. 

––––––––– 

481
 
(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.”. 

(b) CONFORMING AMENDMENT.—Section 3077(1) of title 18, United 

Code, is amended to read as follows: 

“(1) ‘act of terrorism’ means an act of domestic or internation

as defined in section 2331;”. 

PROHIBITION AGAINST HARBORING TERRORISTS 

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

482
 
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: 

“(9) With respect to offenses committed by or against a nation

United States as that term is used in section 101 of the Immig

Nationality Act— 

“(A) the premises of United States diplomatic, consul

or other United States Government missions or entitie

States, including the buildings, parts of buildings, and 

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.”. 

483
 
(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”. 

ASSETS OF TERRORIST ORGANIZATIONS 

SEC. 806. 

Section 981(a)(1) of title 18, United States Code, is amended by inser

end the following: 

“(G) All assets, foreign or domestic— 

“(i) of any individual, entity, or organization 

planning or perpetrating any act of domestic o

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 wi

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 

484 
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 

(2) in subsection (g)(5)(B), by striking clauses (i) through (iii) 

inserting the following: 

“(i) section 32 (relating to destruction of aircr

aircraft facilities), 37 (relating to violence at 

international airports), 81 (relating to arson w

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

485
 
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

States), 2332a (relating to use of weapons of 

destruction), 2332b (relating to acts of terrori

transcending national boundaries), 2339 (rela

harboring terrorists), 2339A (relating to prov

material support to terrorists), 2339B (relatin

providing material support to terrorist organiz

2340A (relating to torture) of this title; 

“(ii) section 236 (relating to sabotage of nucle

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.”

486
 
§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”. 

487
 
488
 
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 REAUTHORIZATIO

SEC. 101. References to, and modification of short title for, USA P

Act. 

SEC. 102. USA PATRIOT Act sunset provisions. 

SEC. 103. Extension of sunset relating to individual terrorists as ag

foreign powers. 

SEC. 104. Section 2332b and the material support sections of title 

States Code. 

SEC. 105. Duration of FISA surveillance of non-United States per

section 207 of the USA PATRIOT Act. 

SEC. 106. Access to certain business records under section 215 of 

PATRIOT Act. 

SEC. 106A. Audit on access to certain business records for foreign i

purposes. 

SEC. 107. Enhanced oversight of good-faith emergency disclosure

section 212 of the USA PATRIOT Act. 

SEC. 108. Multipoint electronic surveillance under section 206 of 

PATRIOT Act. 

SEC. 109. Enhanced congressional oversight. 

SEC. 110. Attacks against railroad carriers and mass transportation 

SEC. 111. Forfeiture. 

489
 
SEC. 117. Violations of nondisclosure provisions of national secur

SEC. 118. Reports on national security letters. 

SEC. 119. Audit of use of national security letters. 

SEC. 120. Definition for forfeiture provisions under section 806 o

PATRIOT Act. 

SEC. 121. Penal provisions regarding trafficking in contraband cig

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 do

fire 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 disclosur

additional information in connection with orders for pen 

and trap 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 oc

before enactment of the Federal Death Penalty Act of 1

SEC. 212. Postrelease supervision of terrorists. 

SUBTITLE B—FEDERAL DEATH PENALTY PROCEDURES 

SEC. 221. Elimination of procedures applicable only to certain Co

Substances Act cases. 

SEC. 222. Counsel for financially unable defendants. 

TITLE III—REDUCING CRIME AND TERRORISM AT AMERICA’S SE

SEC. 301. Short title. 

SEC. 302. Entry by false pretenses to any seaport. 

SEC. 303. Criminal sanctions for failure to heave to, obstruction o

or providing false information. 

490
 
SEC. 309. Bribery affecting port security. 

SEC. 310. Penalties for smuggling goods into the United States. 

SEC. 311. Smuggling goods from the United States. 

TITLE IV—COMBATING TERRORISM FINANCING 

SEC. 401. Short title. 

SEC. 402. Increased penalties for terrorism financing. 

SEC. 403. Terrorism-related specified activities for money launder

SEC. 404. Assets of persons committing terrorist acts against forei

countries or international organizations. 

SEC. 405. Money laundering through hawalas. 

SEC. 406. Technical and conforming amendments relating to the U

PATRIOT 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 Unit

attorneys. 

SEC. 502. Interim appointment of United States Attorneys. 

SEC. 503. Secretary of Homeland Security in Presidential line of s

SEC. 504. Bureau of Alcohol, Tobacco and Firearms to the Depart

Justice. 

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 explo

children cases. 

SEC. 605. The Uniformed Division, United States Secret Service. 

491
 
SUBTITLE A—DOMESTIC REGULATION OF PRECURSOR CHEMIC

SEC. 711. Scheduled listed chemical products; restrictions on sale

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. 

SEC. 715. Restrictions on importation; authority to permit imports 

medical, scientific, or other legitimate purposes. 

SEC. 716. Notice of importation or exportation; approval of sale o

by importer or exporter. 

SEC. 717. Enforcement of restrictions on importation and of requi

notice of transfer. 

SEC. 718. Coordination with United States Trade Representative. 

SUBTITLE B—INTERNATIONAL REGULATION OF PRECURSOR CHE

SEC. 721. Information on foreign chain of distribution; import res

regarding failure of distributors to cooperate. 

SEC. 722. Requirements relating to the largest exporting and impo

countries of certain precursor chemicals. 

SEC. 723. Prevention of smuggling of methamphetamine into the 

States from Mexico. 

SUBTITLE C—ENHANCED CRIMINAL PENALTIES FOR 

METHAMPHETAMINE PRODUCTION AND TRAFFICKING
 

SEC. 731. Smuggling methamphetamine or methamphetamine pre

chemicals into the United States while using facilitated 

programs. 

SEC. 732. Manufacturing controlled substances on Federal proper

SEC. 733. Increased punishment for methamphetamine kingpins. 

SEC. 734. New child-protection criminal enhancement. 

SEC. 735. Amendments to certain sentencing court reporting requ

SEC. 736. Semiannual reports to Congress. 

492
 
 

SEC. 751. 

SEC. 752. 

SEC. 753. 

SEC. 754. 

SEC. 755. 

SEC. 756. 

SUBTITLE E—ADDITIONAL PROGRAMS AND ACTIVITIES 

Improvements to Department of Justice drug court gran

Drug courts funding. 

Feasibility study on Federal drug courts. 

Grants to hot spot areas to reduce availability of 

methamphetamine. 

Grants for programs for drug-endangered children. 

Authority to award competitive grants to address 

methamphetamine use by pregnant and parenting wome

offenders. 

TITLE I—USA PATRIOT IMPROVEMENT AND 

REAUTHORIZATION ACT 

REFERENCE TO, AND MODIFICATION OF 

SHORT TITLE FOR, USA PATRIOT ACT 

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.— 

493
 
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

“(2) EXCEPTION.—With respect to any particular foreign inte

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 the provisions cease to have effect, such provisions sha

in effect.”. 

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 

494
 
(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.”. 

ACCESS TO CERTAIN BUSINESS RECORDS UNDER
 

SECTION 215 OF THE USA PATRIOT ACT
 

SEC. 106. 

(a) DIRECTOR APPROVAL FOR CERTAIN APPLICATIONS.—Subsection 

section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U

§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.”. 

495
 
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 

“(B) an enumeration of the minimization procedures 

the Attorney General under subsection (g) that are app

the retention and dissemination by the Federal Bureau 

Investigation of any tangible things to be made availa

Federal Bureau of Investigation based on the order re

such application.”. 

(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— 

496
 
(C) shall provide clear and conspicuous notice of the 

and procedures described in subsection (d); 

“(D) may only require the production of a tangible thi

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— 

“(A) those persons to whom disclosure is necessary to 

with such order; 

“(B) an attorney to obtain legal advice or assistance w

to the production of things in response to the order; o

“(C) other persons as permitted by the Director of the 

Bureau of Investigation or the designee of the Directo

“(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

497
 
(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 revi

petitions filed pursuant to section 501(f)(1) by the panel estab

under paragraph (1). Such procedures shall provide that revie

petition shall be conducted in camera and shall also provide fo

designation of an acting presiding judge.”. 

(2) PROCEEDINGS.—Section 501 of the Foreign Intelligence S

Act of 1978 (50 U.S.C. §1861) is further amended by adding 

the following new subsection: 

“(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

498
 
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

(g) MINIMIZATION PROCEDURES AND USE OF INFORMATION.—Sectio

the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1861) i

amended by adding at the end the following new subsections: 

“(g) MINIMIZATION PROCEDURES.— 

“(1) IN GENERAL.—Not later than 180 days after the date of t

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; 

499
 
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 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

title may be used or disclosed by Federal officers or employees excep

purposes.”. 

(h) ENHANCED OVERSIGHT.—Section 502 of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. §1862) is amended— 

(1) in subsection (a)— 

(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 

500
 
(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. 

“(2) Each report under this subsection shall be submitted in un

form.”. 

AUDIT ON ACCESS TO CERTAIN BUSINESS RECORDS
 

FOR FOREIGN INTELLIGENCE PURPOSES
 

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— 

501
 
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 use 

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— 

(A) the categories of records obtained and the importa

information acquired to the intelligence activities of t

Bureau of Investigation or any other Department or a

the Federal Government; 

(B) the manner in which such information is collected

analyzed, and disseminated by the Federal Bureau of 

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

502
 
(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

Committee on Intelligence of the Senate a report containing th

the audit conducted under this section for calendar years 2005 

(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 

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. 

503
 
“(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 

(B) by striking paragraph (4) of subsection (c) and ins

following: 

“(4) to a governmental entity, if the provider, in good faith, be

an emergency involving danger of death or serious physical in

person requires disclosure without delay of information relatin

emergency;”. 

(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.”. 

504
 
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 Inte

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

(3) in paragraph (2), by striking “direct” and inserting “DIRE

An order approving an electronic surveillance under this secti

direct”; and 

(4) by adding at the end the following new paragraph: 

“(3) SPECIAL DIRECTIONS FOR CERTAIN ORDERS.—An order 

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 

505
 
(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

“(B) each criminal case in which information acquire

Act has been authorized for use at trial during the per

by such report; and 

“(C) the total number of emergency employments of 

surveillance under section 105(f) and the total numbe

subsequent orders approving or denying such electron

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”; 

506
 
(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 searche

(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.”. 

(c) ADDITIONAL REPORT.—At the beginning and midpoint of each fis

the Secretary of Homeland Security shall submit to the Committees on 

Judiciary of the House of Representatives and the Senate, a written re

providing a description of internal affairs operations at U.S. Citizensh

Immigration Services, including the general state of such operations a

detailed description of investigations that are being conducted (or that 

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. 

507
 
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: 

“§3511. Judicial review of requests for information 

“(a) The recipient of a request for records, a report, or other informati

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, in the United 

district court for the district in which that person or entity does busine

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

508
 
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

Agent in Charge in a Bureau field office designated by the Di

the case of a request by a department, agency, or instrumental

Federal Government other than the Federal Bureau of Investig

head or deputy head of such department, agency, or instrumen

within ninety days of the filing of the petition, shall either term

nondisclosure requirement or re-certify that disclosure may re

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

509
 
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) 

National Security Act of 1947. Petitions, filings, records, orders, and 

must also be kept under seal to the extent and as long as necessary to p

unauthorized disclosure of a request for records, a report, or other info

made to any person or entity under section 2709(b) of this title, sectio

(b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) o

to Financial Privacy Act, or section 802(a) of the National Security A

“(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

510
 
 

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

shall a person be required to inform the Director or such desig

the person intends to consult an attorney to obtain legal advic

assistance.”. 

(b) Section 626(d) of the Fair Credit Reporting Act (15 U.S.C. §1681u

amended to read: 

“(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 

511
 
 

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.”. 

(c) Section 627(c) of the Fair Credit Reporting Act (15 U.S.C. §1681v

amended to read: 

“(c) CONFIDENTIALITY.— 

“(1) If the head of a government agency authorized to conduc

investigations of intelligence or counterintelligence activities 

related to international terrorism, or his designee, certifies tha

there may result a danger to the national security of the United 

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 

512
 
the request or to any attorney to obtain legal advice or legal as

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

agent of such institution, shall disclose to any person (other th

whom such disclosure is necessary to comply with the reques

attorney to obtain legal advice or legal assistance with respect 

request) that the Government authority or the Secret Service h

or obtained access to a customer’s financial records. 

“(B) The request shall notify the person or entity to w

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

513
 
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

obtain legal advice or legal assistance with re

request) that the Federal Bureau of Investigat

sought or obtained access to a customer’s or e

financial records under subparagraph (A). 

“(ii) The request shall notify the person or en

whom the request is directed of the nondisclo

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 to 

request shall inform such persons of any appl

nondisclosure requirement. Any person who 

514
 
 

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

“(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 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

515
 
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 

(b) ENHANCED OVERSIGHT OF FAIR CREDIT REPORTING ACT 

COUNTERTERRORISM NATIONAL SECURITY LETTER.—Section 627 of 

Credit Reporting Act (15 U.S.C. §1681(v)) is amended by inserting at 

following new subsection: 

“(f) REPORTS TO CONGRESS.—(1) On a semi-annual basis, the Attorn

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). 

516
 
(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 co

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: 

(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). 

517
 
(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; 

(D) whether, and how often, the Department of Justic

such information to law enforcement authorities for u

criminal proceedings; 

(E) with respect to national security letters issued foll

date of the enactment of this Act, an examination of t

of occasions in which the Department of Justice, or an 

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 

518
 
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 

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 subsection (c)(1) or (c)(2) as the Attorney Ge

Director of National Intelligence may consider necessary. 

(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

519
 
(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 

(B) in clause (iii), by striking the period at the end an

a semicolon; 

(2) in subparagraph (B)(iii), by striking the period at the end a

inserting “; and”; and 

(3) by adding at the end the following: 

“(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— 

520
 
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 se

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

customer or subscriber, including any 

temporarily assigned network addres

associated routing or transmission inf

and 

“(IV) the length of the provision of se

such provider to such customer or sub

the types of services utilized by such 

or subscriber.”. 

521
 
522
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 

523
 
 

 

 

 

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

defense or protection otherwise available to any person or entity from 

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. 

524
 
 

 

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

required by law to be made by the President, by and with the 

consent of the Senate. 

525
 
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— 

“(1) an application for a writ of habeas corpus filed by or on b

alien detained by the Department of Defense at Guantanamo B

or 

526
 
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 

(ii) to the extent the Constitution and laws of 

States are applicable, whether the use of such 

527
 
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 Unite

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 

and procedures to reach the final decision is c

with the Constitution and laws of the United 

528 
 

(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. 

(3) DEADLINE FOR POLICIES TO BE PRESCRIBED.—The policie

by paragraph (1) shall be prescribed not later than 180 days af

of the enactment of this Act. 

529
 
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”. 

530
 
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 milita

commissions. 

SEC. 3. Military commissions. 

SEC. 4. Amendments to Uniform Code of Military Justice. 

SEC. 5. Treaty obligations not establishing grounds for certain c

SEC. 6. Implementation of treaty obligations. 

SEC. 7. Habeas corpus matters. 

SEC. 8. Revisions to Detainee Treatment Act of 2005 relating to 

of certain United States Government personnel. 

SEC. 9. Review of judgments of military commissions. 

SEC. 10. Detention covered by review of decisions of Combatant 

Review 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

531
 
 

 

 

 

“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

532
 
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

533
 
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. 

534
 
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 ad

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. 

535
 
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 chapte

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 

536
 
(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 G

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.— 

537
 
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. 

538
 
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 of 

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

539
 
 

 

 

 

 

 

 

 

 

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. 

540
 
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 voti

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 

541
 
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. 

542 
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 

543
 
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, incl

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 i

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. 

544
 
(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— 

545
 
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 

546
 
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. 

547
 
(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 chall

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. 

548
 
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 

549
 
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)(

550
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 hi

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; 

551
 
except by the concurrence of three-fourths of the members pre

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 re

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

552
 
 

 

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

United States or of the State, District of Columbia, or place in which t

institution is situated. 

553
 
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 D

Columbia Circuit and the Supreme Court. 

“950h. Appellate counsel. 

“950i. Execution of sentence; procedures for execution of sent

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 le

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 AUTHORI

“(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. 

“(B) If the accused shows that additional time is requ

accused to make a submittal under paragraph (1), the 

554
 
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 of

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. 

“(2)(A) Except as provided in subparagraph (B), a proceeding 

may be ordered by the convening authority if— 

555
 
(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 accuse

review. 

“(2) A waiver under paragraph (1) shall be signed by both the 

and a defense counsel. 

“(3) A waiver under paragraph (1) must be filed, if at all, with

after notice on the action is served on the accused or on defen

556
 
 

 

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

this chapter composed of members who were not members of the mili

commission which first heard the case. 

557
 
(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 of 

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 Re

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. 

558
 
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

559
 
 

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. 

560 
(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 

561
 
 

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

562
 
(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. 

563
 
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 

564
 
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: 

565 
 

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

566
 
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

567
 
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

568
 
 

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 cha

beginning of subtitle A, and at the beginning of part II of subt

title 10, United States Code, are each amended by inserting af

relating to 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

569
 
(article 2(a)) is amended by adding at the end the following ne

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 e

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 of 

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

570
 
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. 

571
 
administrative regulations. 

(D) Nothing in this section shall be construed to affec

constitutional functions and responsibilities of Congre

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

572
 
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. 

573
 
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 

574
 
(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

575 
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 section 1405(e)(

Law 109–163 (119 Stat. 3477) and inserting the following new subsec

“(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. 

576
 
(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 

577 
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”. 

578
 
(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; 

579
 
(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— 

580
 
subparagraph (E), each agency, upon any request for records 

(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 

581
 
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

In this clause, the term ‘a representative of th

media’ means any person or entity that gather

information of potential interest to a segment 

public, uses its editorial skills to turn the raw 

into a distinct work, and distributes that work 

audience. In this clause, the term ‘news’ mea

information that is about current events or tha

of current interest to the public. Examples of 

media entities are television or radio stations 

broadcasting to the public at large and publish

periodicals (but only if such entities qualify a

disseminators of ‘news’) who make their prod

available for purchase by or subscription by o

distribution to the general public. These exam

not all-inclusive. Moreover, as methods of ne

evolve (for example, the adoption of the elect

dissemination of newspapers through 

telecommunications services), such alternativ

shall be considered to be news-media entities

freelance journalist shall be regarded as work

newsmedia entity if the journalist can demon

solid basis for expecting publication through 

whether or not the journalist is actually emplo

entity. A publication contract would present a 

582
 
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 

of search time or for the first one hun

of duplication. 

(v) No agency may require advance payment 

unless the requester has previously failed to p

timely fashion, or the agency has determined 

will exceed $250. 

(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

(viii) An agency shall not assess search fees (

case of a requester described under clause (ii)

duplication fees) under this subparagraph if th

583
 
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) (i) The court may assess against the United States 

attorney fees and other litigation costs reasonably inc

case under this section in which the complainant has 

substantially prevailed. 

(ii) For purposes of this subparagraph, a comp

substantially prevailed if the complainant has 

relief through either— 

(I) a judicial order, or an enforceable 

agreement or consent decree; or 

(II) a voluntary or unilateral change i

by the agency, if the complainant’s c

insubstantial. 

(F) (i) Whenever the court orders the production of an

records improperly withheld from the complainant an

against the United States reasonable attorney fees and 

584
 
 

 

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. 

(ii) The Attorney General shall— 

(I) notify the Special Counsel of each 

action described under the first senten

clause (i); and 

(II) annually submit a report to Cong

number of such civil actions in the pr

year. 

(iii) The Special Counsel shall annually subm

to Congress on the actions taken by the Speci

under clause (i). 

(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

585
 
 

commence on the date on which the request i

received by the appropriate component of the 

but in any event not later than ten days after t

is first received by any component of the age

designated in the agency’s regulations under 

to receive requests under this section. The 20

shall not be tolled by the agency except— 

(I) that the agency may make one req

requester for information and toll the 

period while it is awaiting such infor

it has reasonably requested from the r

under this section; or 

(II) if necessary to clarify with the re

issues regarding fee assessment. In ei

the agency’s receipt of the requester’

to the agency’s request for informatio

clarification ends the tolling period. 

(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

notice to the person making such request setting forth 

unusual circumstances for such extension and the dat

a determination is expected to be dispatched. No such 

shall specify a date that would result in an extension f

than ten working days, except as provided in clause (i

subparagraph. 

(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. To aid the requ

586
 
for 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 aggregati

certain requests by the same requesto

group of requestors acting in concert

agency reasonably believes that such 

actually constitute a single request, w

otherwise satisfy the unusual circums

specified in this subparagraph, and th

involve clearly related matters. Multi

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

587
 
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. 

(ii) Regulations under this subparagraph may 

person making a request that does not qualify 

fastest multitrack processing an opportunity t

scope of the request in order to qualify for fas

processing. 

(iii) This subparagraph shall not be considere

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 

588 
 

 

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

reasonably be expected to pose an im

threat to the life or physical safety of 

individual; or 

(II) with respect to a request made by 

primarily engaged in disseminating in

urgency to inform the public concern

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 

589
 
(A) establish a system to assign an individualized trac

number for each request received that will take longe

days to process and provide to each person making a 

tracking number assigned to the request; and 

(B) establish a telephone line or Internet service that p

information about the status of a request to the person 

the request using the assigned tracking number, inclu

(i) the date on which the agency originally re

request; and 

(ii) an estimated date on which the agency wi

action on the request. 

(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

(7) records or information compiled for law enforcement purp

only to the extent that the production of such law enforcemen

information 

590
 
(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

the exemption under which the deletion is made, shall be indi

released portion of the record, unless including that indication 

harm an interest protected by the exemption in this subsection 

which the deletion is made. If technically feasible, the amoun

information deleted, and the exemption under which the delet

made, shall be indicated at the place in the record where such 

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 

591
 
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 i

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), the number of occasi

which each statute was relied upon, a descrip

whether a court has upheld the decision of the 

withhold information under each such statute

concise description of the scope of any inform

withheld; 

592
 
(E) the median number of days taken by the agency to 

different types of requests, based on the date on whic

requests were received by the agency; 

(F) the average number of days for the agency to resp

request beginning on the date on which the request w

by the agency, the median number of days for the age

respond to such requests, and the range in number of 

agency to respond to such requests; 

(G) based on the number of business days that have e

since each request was originally received by the agen

(i) the number of requests for records to whic

agency has responded with a determination w

period up to and including 20 days, and in 20

increments up to and including 200 days; 

(ii) the number of requests for records to whi

agency has responded with a determination w

period greater than 200 days and less than 30

(iii) the number of requests for records to wh

agency has responded with a determination w

period greater than 300 days and less than 40

(iv) the number of requests for records to whi

agency has responded with a determination w

period greater than 400 days; 

(H) the average number of days for the agency to pro

granted information beginning on the date on which t

was originally filed, the median number of days for th

provide the granted information, and the range in num

for the agency to provide the granted information; 

(I) the median and average number of days for the ag

respond to administrative appeals based on the date o

appeals originally were received by the agency, the hi

number of business days taken by the agency to respo

administrative appeal, and the lowest number of busin

taken by the agency to respond to an administrative a

(J) data on the 10 active requests with the earliest filin

pending at each agency, including the amount of time 

593
 
agency; 

(L) the number of expedited review requests that are g

denied, the average and median number of days for ad

expedited review requests, and the number adjudicate

the required 10 days; 

(M) the number of fee waiver requests that are grante

denied, and the average and median number of days f

adjudicating fee waiver determinations; 

(N) the total amount of fees collected by the agency f

processing requests; and 

(O) 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) Information in each report submitted under paragraph (1) 

expressed in terms of each principal component of the agency 

agency overall. 

(3) 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. In addition, each agency shall make t

statistical data used in its reports available electronically to th

upon request. 

(4) 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. 

(5) 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

594
 
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 

executive branch of the Government (including the Executive 

the President), or any independent regulatory agency; and 

(2) ‘record’ and any other term used in this section in referenc

information includes— 

(A) any information that would be an agency record s

the requirements of this section when maintained by a

in any format, including an electronic format; and 

(B) any information described under subparagraph (A

maintained for an agency by an entity under Governm

contract, for the purposes of records management. 

(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. 

(h)(1) There is established the Office of Government Information Serv

the National Archives and Records Administration. 

(2) The Office of Government Information Services shall— 

(A) review policies and procedures of administrative 

under this section; 

(B) review compliance with this section by administr

agencies; and 

(C) recommend policy changes to Congress and the P

improve the administration of this section. 

595 
agencies on the implementation of this section and issue reports detail

results of such audits. 

(j) Each agency shall designate a Chief FOIA Officer who shall be a s

official of such agency (at the Assistant Secretary or equivalent level)

(k) The Chief FOIA Officer of each agency shall, subject to the autho

head of the agency— 

(1) have agency-wide responsibility for efficient and appropri

compliance with this section; 

(2) monitor implementation of this section throughout the age

keep the head of the agency, the chief legal officer of the agen

Attorney General appropriately informed of the agency’s perf

implementing this section; 

(3) recommend to the head of the agency such adjustments to 

practices, policies, personnel, and funding as may be necessar

improve its implementation of this section; 

(4) review and report to the Attorney General, through the hea

agency, at such times and in such formats as the Attorney Gen

direct, on the agency’s performance in implementing this sect

(5) facilitate public understanding of the purposes of the statu

exemptions of this section by including concise descriptions o

exemptions in both the agency’s handbook issued under subse

and the agency’s annual report on this section, and by providi

overview, where appropriate, of certain general categories of 

records to which those exemptions apply; and 

(6) designate one or more FOIA Public Liaisons. 

(l) FOIA Public Liaisons shall report to the agency Chief FOIA Office

serve as supervisory officials to whom a requester under this section c

concerns about the service the requester has received from the FOIA R

Center, following an initial response from the FOIA Requester Center 

FOIA Public Liaisons shall be responsible for assisting in reducing de

increasing transparency and understanding of the status of requests, an

in the resolution of disputes. 

596
 
(1) the term “agency” means agency as defined in section 552

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 

597
 
(i) matches performed to produce aggregate s

data without any personal identifiers; 

(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 to 

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 of 

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 

598
 
 

(vi) matches performed for foreign counterint

purposes or to produce background checks fo

clearances of Federal personnel or Federal co

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— 

599
 
 

census or survey or related activity pursuant to the provisions 

(5) to a recipient who has provided the agency with advance a

written assurance that the record will be used solely as a statis

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 

600
 
make the accounting made under paragraph (1) of this subsec

available to the individual named in the record at his request; 

(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

601 
review of the reviewing officials determination under subsec

(g)(1)(A) of this section; 

(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; 

602
 
maintained in the system; 

(C) the categories of records maintained in the system

(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; 

603
 
(10) establish appropriate administrative, technical, and physi

safeguards to insure the security and confidentiality of record

protect against any anticipated threats or hazards to their secu

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, 

604
 
the rules promulgated under this subsection and agency notice

under subsection (e)(4) of this section in a form available to th

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 

605 
case under this paragraph in which the complainant h

substantially prevailed. 

(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 brought 

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 the 

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

606
 
(3) Any person who knowingly and willfully requests or obtai

record concerning an individual from an agency under false p

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, 

607
 
confidence, or, prior to the effective date of this section, unde

implied promise that the identity of the source would be held 

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

608
 
 

preservation by the United States Government, prior to the eff

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 

609
 
(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, techni

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. 

610
 
(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

611
 
(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

612
 
(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; 

613
 
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 o

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 

614
 
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. 

615
 
of this section by agencies. 

616
 
 

 

AMENDMENTS TO: 

TITLE 44 UNITED STATES CODE
 

CHAPTER 35 – COORDINATION OF FEDERAL INFORMATION P

SUBCHAPTER II – INFORMATION SECURITY
 

SECTION. 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 syste

(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. 

SEC. 3542. DEFINITIONS 

(a) IN GENERAL.—Except as provided under subsection (b), the defini

section 3502 shall apply to this subchapter. 

(b) ADDITIONAL DEFINITIONS.—As used in this subchapter: 

617
 
(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 intelli

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. 

SEC. 3543. AUTHORITY AND FUNCTIONS OF THE DIRECTOR. 

(a) IN GENERAL.—The Director shall oversee agency information sec

policies and practices, including— 

618
 
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; 

619 
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. 

SEC. 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, modi

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; 

620
 
national security systems issued in accordanc

and as directed by the President; and 

(C) ensuring that information security management pr

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

621
 
(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

622
 
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— 

623
 
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 perf

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). 

624
 
(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. 

625
 
Director shall contain only a summary and assessment of that 

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. 

SEC. 3546. FEDERAL INFORMATION SECURITY INCIDENT CENTER. 

(a) IN GENERAL.—The Director shall ensure the operation of a central 

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; 

626
 
 

 

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. 

SEC. 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. 

SEC. 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. 

SEC. 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 of 

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

627
 
TITLE 40 UNITED STATES CODE
 

CHAPTER 113–RESPONSIBILITY FOR ACQUISITIONS 

OF INFORMATION TECHNOLOGY
 

SUBCHAPTER III–OTHER RESPONSIBILITIES
 

SEC. 11331. RESPONSIBILITIES FOR FEDERAL INFORMATION SYS

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

628
 
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 

––––––––– 

629
 
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 I

shall— 

(1) consult with other agencies and offices (including, but not 

the Director of the Office of Management and Budget, the De

630
 
(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

631
 
 

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 of 

The Board shall be composed of twelve additional members appointed 

Secretary of Commerce as follows: 

632
 
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

633
 
634
 
SEC. 2. PURPOSE AND ESTABLISHMENT OF OFFICES OF INSPECTOR 

DEPARTMENTS AND AGENCIES INVOLVED 

In order to create independent and objective units— 

(1) to conduct and supervise audits and investigations relating to the p

and operations of the establishments listed in section 12(2); 

(2) to provide leadership and coordination and recommend policies fo

designed 

(A) to promote economy, efficiency, and effectiveness in the adm

of, and 

(B) to prevent and detect fraud and abuse in, such programs and o

and 

(3) to provide a means for keeping the head of the establishment and t

Congress fully and currently informed about problems and deficiencie

to the administration of such programs and operations and the necessi

progress of corrective action; 

there is established— 

(A) in each of such establishments an office of Inspector General, 

subparagraph (B); and 

(B) in the establishment of the Department of the Treasury— 

(i) an Office of Inspector General of the Department of the Tr

(ii) an Office of Treasury Inspector General for Tax Administ

SEC. 3. APPOINTMENT OF INSPECTOR GENERAL; SUPERVISION; RE

POLITICAL ACTIVITIES; APPOINTMENT OF ASSISTANT INSPECTOR G

FOR AUDITING AND ASSISTANT INSPECTOR GENERAL FOR INVESTI

(a) There shall be at the head of each Office an Inspector General who 

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

without regard to political affiliation and solely on the basis of integri

demonstrated ability in accounting, auditing, financial analysis, law, m

analysis, public administration, or investigations. Each Inspector Gene

report to and be under the general supervision of the head of the estab

involved or, to the extent such authority is delegated, the officer next 

below such head, but shall not report to, or be subject to supervision b

other officer of such establishment. Neither the head of the establishm

officer next in rank below such head shall prevent or prohibit the Insp

635
 
than 30 days before the removal or transfer. Nothing in this subsection 

prohibit a personnel action otherwise authorized by law, other than tra

removal. 

(c) For the purposes of section 7324 of title 5, United States Code, no 

General shall be considered to be an employee who determines policie

pursued by the United States in the nationwide administration of Fede

(d) Each Inspector General shall, in accordance with applicable laws a

regulations governing the civil service— 

(1) appoint an Assistant Inspector General for Auditing who shall 

responsibility for supervising the performance of auditing activitie

to programs and operations of the establishment, and 

(2) appoint an Assistant Inspector General for Investigations who 

the responsibility for supervising the performance of investigative 

relating to such programs and operations. 

(e) The annual rate of basic pay for an Inspector General (as defined u

section 12(3)) shall be the rate payable for level III of the Executive S

under section 5314 of title 5, United States Code, plus 3 percent. 

(f) An Inspector General (as defined under section 8G(a)(6) or 12(3)) 

receive any cash award or cash bonus, including any cash award unde

of title 5, United States Code. 

(g) Each Inspector General shall, in accordance with applicable laws a

regulations governing the civil service, obtain legal advice from a cou

reporting directly to the Inspector General or another Inspector Gener

SEC. 4. DUTIES AND RESPONSIBILITIES; REPORT OF CRIMINAL VIOL

TO ATTORNEY GENERAL 

(a) It shall be the duty and responsibility of each Inspector General, w

to the establishment within which his Office is established— 

(1) to provide policy direction for and to conduct, supervise, and c

audits and investigations relating to the programs and operations o

establishment; 

(2) to review existing and proposed legislation and regulations rel

programs and operations of such establishment and to make 

recommendations in the semiannual reports required by section 5(

concerning the impact of such legislation or regulations on the eco

efficiency in the administration of programs and operations admin

636
 
(4) to recommend policies for, and to conduct, supervise, or coord

relationships between such establishment and other Federal agenc

and local governmental agencies, and nongovernmental entities w

to 

(A) all matters relating to the promotion of economy and effic

the administration of, or the prevention and detection of fraud 

in, programs and operations administered or financed by such 

establishment, or 

(B) the identification and prosecution of participants in such f

abuse; and 

(5) to keep the head of such establishment and the Congress fully 

currently informed, by means of the reports required by section 5 

otherwise, concerning fraud and other serious problems, abuses, a

deficiencies relating to the administration of programs and operati

administered or financed by such establishment, to recommend co

action concerning such problems, abuses, and deficiencies, and to 

the progress made in implementing such corrective action. 

(b)(1) In carrying out the responsibilities specified in subsection (a)(1

Inspector General shall— 

(A) comply with standards established by the Comptroller Ge

United States for audits of Federal establishments, organizatio

programs, activities, and functions; 

(B) establish guidelines for determining when it shall be appr

use non-Federal auditors; and 

(C) take appropriate steps to assure that any work performed b

Federal auditors complies with the standards established by th

Comptroller General as described in paragraph (1). 

(2) For purposes of determining compliance with paragraph (1)(A

respect to whether internal quality controls are in place and operat

whether established audit standards, policies, and procedures are b

followed by Offices of Inspector General of establishments define

section 12(2), Offices of Inspector General of designated Federal 

defined under section 8F (a)(2), and any audit office established w

Federal entity defined under section 8F (a)(1), reviews shall be pe

exclusively by an audit entity in the Federal Government, includin

Government Accountability Office or the Office of Inspector Gen

637
 
(d) In carrying out the duties and responsibilities established under thi

Inspector General shall report expeditiously to the Attorney General w

the Inspector General has reasonable grounds to believe there has bee

violation of Federal criminal law. 

SEC. 5. SEMIANNUAL REPORTS; TRANSMITTAL TO CONGRESS; AVA

TO PUBLIC; IMMEDIATE REPORT ON SERIOUS OR FLAGRANT PROBL

DISCLOSURE OF INFORMATION; DEFINITIONS 

(a) Each Inspector General shall, not later than April 30 and October 3

year, prepare semiannual reports summarizing the activities of the Off

the immediately preceding six-month periods ending March 31 and Se

30. Such reports shall include, but need not be limited to— 

(1) a description of significant problems, abuses, and deficiencies 

the administration of programs and operations of such establishme

disclosed by such activities during the reporting period; 

(2) a description of the recommendations for corrective action ma

Office during the reporting period with respect to significant prob

abuses, or deficiencies identified pursuant to paragraph (1); 

(3) an identification of each significant recommendation described 

previous semiannual reports on which corrective action has not be

completed; 

(4) a summary of matters referred to prosecutive authorities and th

prosecutions and convictions which have resulted; 

(5) a summary of each report made to the head of the establishme

section 6(b)(2) during the reporting period; 

(6) a listing, subdivided according to subject matter, of each audit 

inspection reports, and evaluation reports issued by the Office dur

reporting period and for each report, where applicable, the total do

of questioned costs (including a separate category for the dollar v

unsupported costs) and the dollar value of recommendations that f

to better use; 

(7) a summary of each particularly significant report; 

(8) statistical tables showing the total number of audit reports, ins

reports, and evaluation reports and the total dollar value of questio

(including a separate category for the dollar value of unsupported 

reports— 

638
 
(ii) the dollar value of costs not disallowed; and 

(D) for which no management decision has been made by the 

reporting period; 

(9) statistical tables showing the total number of audit reports insp

reports, and evaluation reports and the dollar value of recommend

funds be put to better use by management, for reports— 

(A) for which no management decision had been made by the 

commencement of the reporting period; 

(B) which were issued during the reporting period; 

(C) for which a management decision was made during the re

period, including— 

(i) the dollar value of recommendations that were agreed 

management; and 

(ii) the dollar value of recommendations that were not agr

management; and 

(D) for which no management decision has been made by the 

reporting period; 

(10) a summary of each audit report,inspection reports, and evalua

reports issued before the commencement of the reporting period f

management decision has been made by the end of the reporting p

(including the date and title of each such report), an explanation o

reasons such management decision has not been made, and a state

concerning the desired timetable for achieving a management dec

each such report; 

(11) a description and explanation of the reasons for any significa

management decision made during the reporting period; 

(12) information concerning any significant management decision 

which the Inspector General is in disagreement; and 

(13) the information described under section 05(b) of the Federal 

Management Improvement Act of 1996. 

(b) Semiannual reports of each Inspector General shall be furnished to 

of the establishment involved not later than April 30 and October 31 o

and shall be transmitted by such head to the appropriate committees o

subcommittees of the Congress within thirty days after receipt of the r

together with a report by the head of the establishment containing— 

(1) any comments such head determines appropriate; 

639
 
period; 

(C) for which final action was taken during the reporting perio

including— 

(i) the dollar value of disallowed costs that were recovere

management through collection, offset, property in lieu of 

otherwise; and 

(ii) the dollar value of disallowed costs that were written 

management; and 

(D) for which no final action has been taken by the end of the 

period; 

(3) statistical tables showing the total number of audit reports insp

reports, and evaluation reports and the dollar value of recommend

funds be put to better use by management agreed to in a managem

decision, for reports— 

(A) for which final action had not been taken by the commenc

the reporting period; 

(B) on which management decisions were made during the re

period; 

(C) for which final action was taken during the reporting perio

including— 

(i) the dollar value of recommendations that were actually 

completed; and 

(ii) the dollar value of recommendations that managemen

subsequently concluded should not or could not be implem

completed; and 

D) for which no final action has been taken by the end of the 

period; and 

(4) a statement with respect to audit reports on which managemen

have been made but final action has not been taken, other than aud

on which a management decision was made within the preceding 

containing— 

(A) a list of such audit reports and the date each such report w

(B) the dollar value of disallowed costs for each report; 

(C) the dollar value of recommendations that funds be put to b

agreed to by management for each report; and 

640
 
 

(c) Within sixty days of the transmission of the semiannual reports of 

Inspector General to the Congress, the head of each establishment sha

copies of such report available to the public upon request and at a reas

cost. Within 60 days after the transmission of the semiannual reports o

establishment head to the Congress, the head of each establishment sh

copies of such report available to the public upon request and at a reas

cost. 

(d) Each Inspector General shall report immediately to the head of the 

establishment involved whenever the Inspector General becomes awa

particularly serious or flagrant problems, abuses, or deficiencies relati

administration of programs and operations of such establishment. The 

establishment shall transmit any such report to the appropriate commi

subcommittees of Congress within seven calendar days, together with 

the head of the establishment containing any comments such head dee

appropriate. 

(e)(1) Nothing in this section shall be construed to authorize the publi

of information which is— 

(A) specifically prohibited from disclosure by any other provi

(B) specifically required by Executive order to be protected fr

disclosure in the interest of national defense or national securi

conduct of foreign affairs; or 

(C) a part of an ongoing criminal investigation. 

(2) Notwithstanding paragraph (1)(C), any report under this sectio

disclosed to the public in a form which includes information with 

part of an ongoing criminal investigation if such information has b

included in a public record. 

(3) Except to the extent and in the manner provided under section 

the Internal Revenue Code of 1986 [26 U.S.C. 6103 (f)], nothing 

section or in any other provision of this Act shall be construed to 

permit the withholding of information from the Congress, or from 

committee or subcommittee thereof. 

(f) As used in this section— 

(1) the term “questioned cost” means a cost that is questioned by t

because of— 

641
 
 

 

 

unnecessary or unreasonable; 

(2) the term “unsupported cost” means a cost that is questioned by 

because the Office found that, at the time of the audit, such cost is 

supported by adequate documentation; 

(3) the term “disallowed cost” means a questioned cost that mana

management decision, has sustained or agreed should not be charg

Government; 

(4) the term “recommendation that funds be put to better use” mea

recommendation by the Office that funds could be used more effic

management of an establishment took actions to implement and c

recommendation, including— 

(A) reductions in outlays; 

(B) deobligation of funds from programs or operations; 

(C) withdrawal of interest subsidy costs on loans or loan guar

insurance, or bonds; 

(D) costs not incurred by implementing recommended improv

related to the operations of the establishment, a contractor or g

(E) avoidance of unnecessary expenditures noted in preaward 

contract or grant agreements; or 

(F) any other savings which are specifically identified; 

(5) the term “management decision” means the evaluation by the 

management of an establishment of the findings and recommenda

included in an audit report and the issuance of a final decision by 

management concerning its response to such findings and recomm

including actions concluded to be necessary; and 

(6) the term “final action” means— 

(A) the completion of all actions that the management of an 

establishment has concluded, in its management decision, are 

with respect to the findings and recommendations included in 

report; and 

(B) in the event that the management of an establishment con

action is necessary, final action occurs when a management d

been made. 

642
 
recommendations, or other material available to the applicable est

which relate to programs and operations with respect to which tha

General has responsibilities under this Act; 

(2) to make such investigations and reports relating to the adminis

the programs and operations of the applicable establishment as are

judgment of the Inspector General, necessary or desirable; 

(3) to request such information or assistance as may be necessary 

carrying out the duties and responsibilities provided by this Act fr

Federal, State, or local governmental agency or unit thereof; 

(4) to require by subpoena the production of all information, docu

reports, answers, records, accounts, papers, and other data in any 

(including electronically stored information, as well as any tangib

and documentary evidence necessary in the performance of the fu

assigned by this Act, which subpoena, in the case of contumacy o

obey, shall be enforceable by order of any appropriate United Stat

court: Provided, That procedures other than subpoenas shall be us

Inspector General to obtain documents and information from Fede

agencies; 

(5) to administer to or take from any person an oath, affirmation, 

whenever necessary in the performance of the functions assigned 

which oath, affirmation, or affidavit when administered or taken b

an employee of an Office of Inspector General designated by the I

General shall have the same force and effect as if administered or 

before an officer having a seal; 

(6) to have direct and prompt access to the head of the establishm

involved when necessary for any purpose pertaining to the perform

functions and responsibilities under this Act; 

(7) to select, appoint, and employ such officers and employees as 

necessary for carrying out the functions, powers, and duties of the 

subject to the provisions of title 5, United States Code, governing 

appointments in the competitive service, and the provisions of cha

subchapter III of chapter 53 of such title relating to classification 

Schedule pay rates; 

(8) to obtain services as authorized by section 3109 of title 5, Uni

Code, at daily rates not to exceed the equivalent rate prescribed fo

643
 
provisions of this Act. 

(b)(1) Upon request of an Inspector General for information or assista

subsection (a)(3), the head of any Federal agency involved shall, insof

practicable and not in contravention of any existing statutory restrictio

regulation of the Federal agency from which the information is reques

to such Inspector General, or to an authorized designee, such informat

assistance. 

(2) Whenever information or assistance requested under subsectio

(a)(3) is, in the judgment of an Inspector General, unreasonably re

not provided, the Inspector General shall report the circumstances 

of the establishment involved without delay. 

(c) Each head of an establishment shall provide the Office within such 

establishment with appropriate and adequate office space at central an

office locations of such establishment, together with such equipment, 

supplies, and communications facilities and services as may be necess

operation of such offices, and shall provide necessary maintenance se

such offices and the equipment and facilities located therein. 

(d)(1)(A) For purposes of applying the provisions of law identified in 

subparagraph (B)— 

(i) each Office of Inspector General shall be considered to 

separate agency; and 

(ii) the Inspector General who is the head of an office refe

clause (i) shall, with respect to such office, have the funct

powers, and duties of an agency head or appointing autho

such provisions. 

(B) This paragraph applies with respect to the following prov

title 5, United States Code: 

(i) Subchapter II of chapter 35. 

(ii) Sections 8335(b), 8336, 8344, 8414, 8468, and 8425(b

(iii) All provisions relating to the Senior Executive Servic

determined by the Office of Personnel Management), sub

paragraph (2). 

(2) For purposes of applying section 4507(b) of title 5, United Sta

paragraph (1)(A)(ii) shall be applied by substituting ‘the Council 

Inspectors General on Integrity and Efficiency (established by sec

644
 
(A) carry a firearm while engaged in official duties as authori

this Act or other statute, or as expressly authorized by the Att

General; 

(B) make an arrest without a warrant while engaged in officia

authorized under this Act or other statute, or as expressly auth

the Attorney General, for any offense against the United State

committed in the presence of such Inspector General, Assistan

General, or agent, or for any felony cognizable under the laws 

United States if such Inspector General, Assistant Inspector G

agent has reasonable grounds to believe that the person to be 

committed or is committing such felony; and 

(C) seek and execute warrants for arrest, search of a premises

of evidence issued under the authority of the United States up

cause to believe that a violation has been committed. 

(2) The Attorney General may authorize exercise of the powers un

subsection only upon an initial determination that— 

(A) the affected Office of Inspector General is significantly h

the performance of responsibilities established by this Act as 

the lack of such powers; 

(B) available assistance from other law enforcement agencies 

insufficient to meet the need for such powers; and 

(C) adequate internal safeguards and management procedures 

ensure proper exercise of such powers. 

(3) The Inspector General offices of the Department of Commerce

Department of Education, Department of Energy, Department of H

Human Services, Department of Homeland Security, Department 

and Urban Development, Department of the Interior, Department 

Department of Labor, Department of State, Department of Transp

Department of the Treasury, Department of Veterans Affairs, Age

International Development, Environmental Protection Agency, Fe

Deposit Insurance Corporation, Federal Emergency Management 

General Services Administration, National Aeronautics and Space 

Administration, Nuclear Regulatory Commission, Office of Perso

Management, Railroad Retirement Board, Small Business Admin

Social Security Administration, and the Tennessee Valley Author

645
 
(1) may be rescinded or suspended upon a determination by the A

General that any of the requirements under paragraph (2) is no lon

satisfied or that the exercise of authorized powers by that Office o

General has not complied with the guidelines promulgated by the 

General under paragraph (4). 

(B) Powers authorized to be exercised by any individual unde

(1) may be rescinded or suspended with respect to that individ

determination by the Attorney General that such individual ha

complied with guidelines promulgated by the Attorney Gener

paragraph (4). 

(6) A determination by the Attorney General under paragraph (2) 

not be reviewable in or by any court. 

(7) To ensure the proper exercise of the law enforcement powers a

by this subsection, the Offices of Inspector General described und

paragraph (3) shall, not later than 180 days after the date of enactm

subsection, collectively enter into a memorandum of understandin

establish an external review process for ensuring that adequate int

safeguards and management procedures continue to exist within e

and within any Office that later receives an authorization under pa

(2). The review process shall be established in consultation with t

General, who shall be provided with a copy of the memorandum o

understanding that establishes the review process. Under the revie

the exercise of the law enforcement powers by each Office of Insp

General shall be reviewed periodically by another Office of Inspe

General or by a committee of Inspectors General. The results of e

shall be communicated in writing to the applicable Inspector Gene

the Attorney General. 

(8) No provision of this subsection shall limit the exercise of law 

enforcement powers established under any other statutory authori

including United States Marshals Service special deputation. 

(9) In this subsection, the term `Inspector General' means an Inspe

General appointed under section 3 or an Inspector General appoin

section 8G. 

(f)(1) For each fiscal year, an Inspector General shall transmit a budge

and request to the head of the establishment or designated Federal en

which the Inspector General reports. The budget request shall specify 

646
 
the Council of the Inspectors General on Integrity and Efficiency shal

specifically identified and justified in the budget request. 

(2) In transmitting a proposed budget to the President for approva

of each establishment or designated Federal entity shall include— 

(A) an aggregate request for the Inspector General; 

(B) amounts for Inspector General training; 

(C) amounts for support of the Council of the Inspectors Gene

Integrity and Efficiency; and 

(D) any comments of the affected Inspector General with resp

proposal. 

(3) The President shall include in each budget of the United State

Government submitted to Congress— 

(A) a separate statement of the budget estimate prepared in ac

with paragraph (1); 

(B) the amount requested by the President for each Inspector 

(C) the amount requested by the President for training of Insp

General; 

(D) the amount requested by the President for support for the 

the Inspectors General on Integrity and Efficiency; and 

(E) any comments of the affected Inspector General with resp

proposal if the Inspector General concludes that the budget su

the President would substantially inhibit the Inspector Genera

performing the duties of the office. 

SEC. 7. COMPLAINTS BY EMPLOYEES; DISCLOSURE OF IDENTITY; R

(a) The Inspector General may receive and investigate complaints or i

from an employee of the establishment concerning the possible existe

activity constituting a violation of law, rules, or regulations, or misma

gross waste of funds, abuse of authority or a substantial and specific d

the public health and safety. 

(b) The Inspector General shall not, after receipt of a complaint or inf

from an employee, disclose the identity of the employee without the c

the employee, unless the Inspector General determines such disclosure 

unavoidable during the course of the investigation. 

(c) Any employee who has authority to take, direct others to take, reco

approve any personnel action, shall not, with respect to such authority

647
 
GENERAL OF THE DEPARTMENT OF DEFENSE 

(a) No member of the Armed Forces, active or reserve, shall be appoin

Inspector General of the Department of Defense. 

(b)(1) Notwithstanding the last two sentences of section 3(a), the Insp

General shall be under the authority, direction, and control of the Secr

Defense with respect to audits or investigations, or the issuance of sub

which require access to information concerning— 

(A) sensitive operational plans; 

(B) intelligence matters; 

(C) counterintelligence matters; 

(D) ongoing criminal investigations by other administrative u

Department of Defense related to national security; or 

(E) other matters the disclosure of which would constitute a s

threat to national security. 

(2) With respect to the information described in paragraph (1) the 

of Defense may prohibit the Inspector General from initiating, car

or completing any audit or investigation, or from issuing any subp

the Inspector General has decided to initiate, carry out or complet

or investigation or to issue such subpoena, if the Secretary determ

such prohibition is necessary to preserve the national security inte

United States. 

(3) If the Secretary of Defense exercises any power under paragra

(2), the Inspector General shall submit a statement concerning suc

within thirty days to the Committees on Armed Services and Gov

Affairs of the Senate and the Committee on Armed Services and t

Committee on Government Reform and Oversight of the House o

Representatives and to other appropriate committees or subcomm

Congress. 

(4) The Secretary shall, within thirty days after submission of a st

under paragraph (3), transmit a statement of the reasons for the ex

power under paragraph (1) or (2) to the congressional committees 

in paragraph (3) and to other appropriate committees or subcomm

(c) In addition to the other duties and responsibilities specified in this 

Inspector General of the Department of Defense shall— 

648
 
(3) provide policy direction for audits and investigations relating t

waste, and abuse and program effectiveness; 

(4) investigate fraud, waste, and abuse uncovered as a result of oth

and internal audits, as the Inspector General considers appropriate

(5) develop policy, monitor and evaluate program performance, an

guidance with respect to all Department activities relating to crim

investigation programs; 

(6) monitor and evaluate the adherence of Department auditors to 

audit, contract audit, and internal review principles, policies, and 

(7) develop policy, evaluate program performance, and monitor a

by all components of the Department in response to contract audit

audits, internal review reports, and audits conducted by the Comp

General of the United States; 

(8) request assistance as needed from other audit, inspection, and 

investigative units of the Department of Defense (including milita

departments); and 

(9) give particular regard to the activities of the internal audit, insp

investigative units of the military departments with a view toward 

duplication and insuring effective coordination and cooperation. 

(d) Notwithstanding section 4(d), the Inspector General of the Departm

Defense shall expeditiously report suspected or alleged violations of c

of title 10, United States Code (Uniform Code of Military Justice), to 

Secretary of the military department concerned or the Secretary of De

(e) For the purposes of section 7, a member of the Armed Forces shall 

to be an employee of the Department of Defense, except that, when th

Guard operates as a service of another department or agency of the Fe

Government, a member of the Coast Guard shall be deemed to be an e

such department or agency. 

(f)(1) Each semiannual report prepared by the Inspector General of th

Department of Defense under section 5(a) shall include information c

the numbers and types of contract audits conducted by the Departmen

reporting period. Each such report shall be transmitted by the Secretar

Defense to the Committees on Armed Services and Governmental Aff

Senate and the Committee on Armed Services and the Committee on 

Government Reform and Oversight of the House of Representatives a

appropriate committees or subcommittees of the Congress. 

649
 
of the Inspector General of the Department of Defense to carry out the 

of this Act. 

(h)(1) There is a General Counsel to the Inspector General of the Dep

Defense, who shall be appointed by the Inspector General of the Depa

Defense. 

(2)(A) Notwithstanding section 140(b) of title 10, United States C

General Counsel is the chief legal officer of the Office of the Insp

General. 

(B) The Inspector General is the exclusive legal client of the G

Counsel. 

(C) The General Counsel shall perform such functions as the 

General may prescribe. 

(D) The General Counsel shall serve at the discretion of the In

General. 

(3) There is an Office of the General Counsel to the Inspector Gen

Department of Defense. The Inspector General may appoint to the 

serve as staff of the General Counsel such legal counsel as the Ins

General considers appropriate. 

SEC. 8A. SPECIAL PROVISIONS RELATING TO THE AGENCY FOR 

INTERNATIONAL DEVELOPMENT 

(a) In addition to the other duties and responsibilities specified in this 

Inspector General of the Agency for International Development shall 

direct, and control all security activities relating to the programs and o

of that Agency, subject to the supervision of the Administrator of that 

(b) In addition to the Assistant Inspector Generals provided for in sect

this Act, the Inspector General of the Agency for International Develo

shall, in accordance with applicable laws and regulations governing th

service, appoint an Assistant Inspector General for Security who shall 

responsibility for supervising the performance of security activities re

programs and operations of the Agency for International Developmen

(c) In addition to the officers and employees provided for in section 6

this Act, members of the Foreign Service may, at the request of the In

General of the Agency for International Development, be assigned as 

of the Inspector General. Members of the Foreign Service so assigned 

650
 
(e) The Inspector General of the Agency for International Developme

in addition to the officers provided for in section 624(a) of the Foreign 

Assistance Act of 1961 [22 U.S.C. 2384 (a)]. 

(f) As used in this Act, the term “Agency for International Developme

includes any successor agency primarily responsible for administering 

the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.]. 

SEC. 8B. SPECIAL PROVISIONS CONCERNING THE NUCLEAR REGUL

COMMISSION 

(a) The Chairman of the Commission may delegate the authority spec

second sentence of section 3(a) to another member of the Nuclear Reg

Commission, but shall not delegate such authority to any other officer 

employee of the Commission. 

(b) Notwithstanding sections 6(a)(7) and (8), the Inspector General of 

Nuclear Regulatory Commission is authorized to select, appoint, and 

such officers and employees as may be necessary for carrying out the 

powers and duties of the Office of Inspector General and to obtain the 

or intermittent services of experts or consultants or an organization th

subject to the applicable laws and regulations that govern such selecti

appointments and employment, and the obtaining of such services, wi

Nuclear Regulatory Commission. 

SEC. 8C. SPECIAL PROVISIONS CONCERNING THE FEDERAL DEPOS

INSURANCE CORPORATION 

(a) DELEGATION.— The Chairperson of the Federal Deposit Insurance 

Corporation may delegate the authority specified in the second senten

section 3(a) to the Vice Chairperson of the Board of Directors of the F

Deposit Insurance Corporation, but may not delegate such authority to 

officer or employee of the Corporation. 

(b) PERSONNEL.— Notwithstanding paragraphs (7) and (8) of section 

Inspector General of the Federal Deposit Insurance Corporation may s

appoint, and employ such officers and employees as may be necessary 

carrying out the functions, powers, and duties of the Office of Inspect

and to obtain the temporary or intermittent services of experts or cons

an organization of experts or consultants, subject to the applicable law

651
 
General of the Department of the Treasury shall be under the authority

and control of the Secretary of the Treasury with respect to audits or 

investigations, or the issuance of subpoenas, which require access to s

information concerning— 

(A) ongoing criminal investigations or proceedings; 

(B) undercover operations; 

(C) the identity of confidential sources, including protected w

(D) deliberations and decisions on policy matters, including d

information used as a basis for making policy decisions, the d

which could reasonably be expected to have a significant influ

the economy or market behavior; 

(E) intelligence or counterintelligence matters; or 

(F) other matters the disclosure of which would constitute a se

threat to national security or to the protection of any person or 

authorized protection by section 3056 of title 18, United State

section 3056A of title 18, United States Code, or any provisio

Presidential Protection Assistance Act of 1976 (18 U.S.C. 305

Public Law 94–524). 

(2) With respect to the information described under paragraph (1)

Secretary of the Treasury may prohibit the Inspector General of th

Department of the Treasury from carrying out or completing any 

investigation, or from issuing any subpoena, after such Inspector G

decided to initiate, carry out, or complete such audit or investigati

issue such subpoena, if the Secretary determines that such prohibi

necessary to prevent the disclosure of any information described u

paragraph (1) or to prevent significant impairment to the national 

the United States. 

(3) If the Secretary of the Treasury exercises any power under par

or (2), the Secretary of the Treasury shall notify the Inspector Gen

Department of the Treasury in writing stating the reasons for such 

Within 30 days after receipt of any such notice, the Inspector Gen

Department of the Treasury shall transmit a copy of such notice to 

Committees on Governmental Affairs and Finance of the Senate a

Committees on Government Operations and Ways and Means of t

of Representatives, and to other appropriate committees or subcom

the Congress. 

652
 
 

Affairs of the Tax and Trade Bureau. The head of such office shall pro

report to the Inspector General of the Department of the Treasury the 

activities being carried out by such office. 

(2) The Inspector General of the Department of the Treasury shall 

all duties and responsibilities of an Inspector General for the Depa

the Treasury other than the duties and responsibilities exercised b

Treasury Inspector General for Tax Administration. 

(3) The Secretary of the Treasury shall establish procedures under 

Inspector General of the Department of the Treasury and the Trea

Inspector General for Tax Administration will— 

(A) determine how audits and investigations are allocated in c

overlapping jurisdiction; and 

(B) provide for coordination, cooperation, and efficiency in th

of such audits and investigations. 

(c) Notwithstanding subsection (b), the Inspector General of the Depa

the Treasury may initiate, conduct and supervise such audits and inve

the Department of the Treasury (including the bureau referred to in su

(b)) as the Inspector General of the Department of the Treasury consid

appropriate. 

(d) If the Inspector General of the Department of the Treasury initiate

or investigation under subsection (c) concerning the bureau referred to 

subsection (b), the Inspector General of the Department of the Treasur

provide the head of the office of such bureau referred to in subsection 

written notice that the Inspector General of the Department of the Tre

initiated such an audit or investigation. If the Inspector General of the 

Department of the Treasury issues a notice under the preceding senten

other audit or investigation shall be initiated into the matter under aud

investigation by the Inspector General of the Department of the Treas

other audit or investigation of such matter shall cease. 

(e)(1) The Treasury Inspector General for Tax Administration shall ha

to returns and return information, as defined in section 6103(b) of the 

Revenue Code of 1986 [26 U.S.C. 6103 (b)], only in accordance with 

provisions of section 6103 of such Code [26 U.S.C. 6103] and this Ac

(2) The Internal Revenue Service shall maintain the same system 

standardized records or accountings of all requests from the Treas

Inspector General for Tax Administration for inspection or disclo

653
 
Revenue Code of 1986. 

(3) The Treasury Inspector General for Tax Administration shall b

to the same safeguards and conditions for receiving returns and re

information as are described under section 6103(p)(4) of the Inter

Revenue Code of 1986 [26 U.S.C. 6103 (p)(4)]. 

(f) An audit or investigation conducted by the Inspector General of the 

Department of the Treasury or the Treasury Inspector General for Tax 

Administration shall not affect a final decision of the Secretary of the 

his delegate under section 6406 of the Internal Revenue Code of 1986 

6406]. 

(g)(1) Any report required to be transmitted by the Secretary of the Tr

the appropriate committees or subcommittees of the Congress under s

shall also be transmitted, within the seven-day period specified under 

section, to the Committees on Governmental Affairs and Finance of th

and the Committees on Government Reform and Oversight and Ways 

of the House of Representatives. 

(2) Any report made by the Treasury Inspector General for Tax 

Administration that is required to be transmitted by the Secretary 

Treasury to the appropriate committees or subcommittees of Cong

section 5(d) shall also be transmitted, within the 7-day period spec

such subsection, to the Internal Revenue Service Oversight Board 

Commissioner of Internal Revenue. 

(h) The Treasury Inspector General for Tax Administration shall exerc

duties and responsibilities of an Inspector General of an establishment 

respect to the Department of the Treasury and the Secretary of the Tre

matters relating to the Internal Revenue Service. The Treasury Inspec

for Tax Administration shall have sole authority under this Act to con

audit or investigation of the Internal Revenue Service Oversight Boar

Chief Counsel for the Internal Revenue Service. 

(i) In addition to the requirements of the first sentence of section 3(a), 

Treasury Inspector General for Tax Administration should have demo

ability to lead a large and complex organization. 

(j) An individual appointed to the position of Treasury Inspector Gene

Administration, the Assistant Inspector General for Auditing of the O

Treasury Inspector General for Tax Administration under section 3(d)

Assistant Inspector General for Investigations of the Office of the Tre

654
 
in such position. 

(k)(1) In addition to the duties and responsibilities exercised by an ins

general of an establishment, the Treasury Inspector General for Tax 

Administration— 

(A) shall have the duty to enforce criminal provisions under s

7608(b) of the Internal Revenue Code of 1986 [26 U.S.C. 760

(B) in addition to the functions authorized under section 7608

such Code, may carry firearms; 

(C) shall be responsible for protecting the Internal Revenue S

against external attempts to corrupt or threaten employees of t

Revenue Service, but shall not be responsible for the conducti

background checks and the providing of protection to the Com

of Internal Revenue; and 

(D) may designate any employee in the Office of the Treasury 

General for Tax Administration to enforce such laws and perf

functions referred to under subparagraphs (A), (B), and (C). 

(2)(A) In performing a law enforcement function under paragraph 

Treasury Inspector General for Tax Administration shall report an

reasonable grounds to believe there has been a violation of Federa

law to the Attorney General at an appropriate time as determined 

Treasury Inspector General for Tax Administration, notwithstandi

4(d). 

(B) In the administration of section 5(d) and subsection (g)(2) 

section, the Secretary of the Treasury may transmit the requir

with respect to the Treasury Inspector General for Tax Admin

an appropriate time as determined by the Secretary, if the prob

abuse, or deficiency relates to— 

(i) the performance of a law enforcement function under p

(1); and 

(ii) sensitive information concerning matters under subsec

(a)(1)(A) through (F). 

(3) Nothing in this subsection shall be construed to affect the auth

other person to carry out or enforce any provision specified in par

(l)(1) The Commissioner of Internal Revenue or the Internal Revenue 

Oversight Board may request, in writing, the Treasury Inspector Gene

Administration to conduct an audit or investigation relating to the Inte

655
 
General to the Commissioner of Internal Revenue and the Interna

Service Oversight Board. 

(B) The Treasury Inspector General for Tax Administration sh

periodically submit to the Commissioner and Board a list of 

investigations for which a final report has been completed by 

Inspector General and shall provide a copy of any such report 

request of the Commissioner or Board. 

(C) This paragraph applies regardless of whether the applicab

investigation is requested under paragraph (1). 

SEC. 8E. SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF 

(a)(1) Notwithstanding the last two sentences of section 3(a), the Insp

General shall be under the authority, direction, and control of the Atto

General with respect to audits or investigations, or the issuance of sub

which require access to sensitive information concerning— 

(A) ongoing civil or criminal investigations or proceedings; 

(B) undercover operations; 

(C) the identity of confidential sources, including protected w

(D) intelligence or counterintelligence matters; or 

(E) other matters the disclosure of which would constitute a s

threat to national security. 

(2) With respect to the information described under paragraph (1)

Attorney General may prohibit the Inspector General from carryin

completing any audit or investigation, or from issuing any subpen

such Inspector General has decided to initiate, carry out, or compl

audit or investigation or to issue such subpena, if the Attorney Ge

determines that such prohibition is necessary to prevent the disclo

information described under paragraph (1) or to prevent the signif

impairment to the national interests of the United States. 

(3) If the Attorney General exercises any power under paragraph 

the Attorney General shall notify the Inspector General in writing 

reasons for such exercise. Within 30 days after receipt of any such 

Inspector General shall transmit a copy of such notice to the Com

Governmental Affairs and Judiciary of the Senate and the Commi

Government Operations and Judiciary of the House of Representa

to other appropriate committees or subcommittees of the Congres

656 
employee of the Department of Justice, or may, in the discretion o

Inspector General, refer such allegations to the Office of Professio

Responsibility or the internal affairs office of the appropriate com

the Department of Justice; 

(3) shall refer to the Counsel, Office of Professional Responsibilit

Department of Justice, allegations of misconduct involving Depar

attorneys, investigators, or law enforcement personnel, where the 

relate to the exercise of the authority of an attorney to investigate, 

provide legal advice, except that no such referral shall be made if 

attorney is employed in the Office of Professional Responsibility; 

(4) may investigate allegations of criminal wrongdoing or admini

misconduct by a person who is the head of any agency or compon

Department of Justice; and 

(5) shall forward the results of any investigation conducted under 

(4), along with any appropriate recommendation for disciplinary a

the Attorney General. 

(c) Any report required to be transmitted by the Attorney General to th

appropriate committees or subcommittees of the Congress under secti

shall also be transmitted, within the seven-day period specified under 

section, to the Committees on the Judiciary and Governmental Affairs 

Senate and the Committees on the Judiciary and Government Operatio

House of Representatives. 

(d) The Attorney General shall ensure by regulation that any compone

Department of Justice receiving a nonfrivolous allegation of criminal 

wrongdoing or administrative misconduct by an employee of the Dep

Justice, except with respect to allegations described in subsection (b)(

report that information to the Inspector General. 

SEC. 8F. SPECIAL PROVISIONS CONCERNING THE CORPORATION F

NATIONAL AND COMMUNITY SERVICE 

(a) Notwithstanding the provisions of paragraphs (7) and (8) of sectio

within the exclusive jurisdiction of the Inspector General of the Corpo

National and Community Service to— 

(1) appoint and determine the compensation of such officers and e

in accordance with section 195(b) of the National and Community 

Trust Act of 1993; and 

657
 
 

 

Congress under subsection (a) or (b) of section 5, the Chief Executive 

shall transmit such report to the Board of Directors of such Corporatio

(c) No later than the date on which the Chief Executive Officer of the 

Corporation for National and Community Service transmits a report d

under section 5(b) to the Board of Directors as provided under subsec

this section, the Chief Executive Officer shall also transmit any audit 

which is described in the statement required under section 5(b)(4) to t

Directors. All such audit reports shall be placed on the agenda for revi

next scheduled meeting of the Board of Directors following such tran

Chief Executive Officer of the Corporation shall be present at such m

provide any information relating to such audit reports. 

(d) No later than the date on which the Inspector General of the Corpo

National and Community Service reports a problem, abuse, or deficien

section 5(d) to the Chief Executive Officer of the Corporation, the Ch

Executive Officer shall report such problem, abuse, or deficiency to th

Directors. 

SEC. 8G. REQUIREMENTS FOR FEDERAL ENTITIES AND DESIGNATE

FEDERAL ENTITIES 

(a) Notwithstanding section 12 of this Act, as used in this section— 

(1) the term “Federal entity” means any Government corporation 

meaning of section 103(1) of title 5, United States Code), any Gov

controlled corporation (within the meaning of section 103(2) of su

any other entity in the Executive branch of the Government, or an

independent regulatory agency, but does not include— 

(A) an establishment (as defined under section 12(2) of this A

of an establishment; 

(B) a designated Federal entity (as defined under paragraph (2

subsection) or part of a designated Federal entity; 

(C) the Executive Office of the President; 

(D) the Central Intelligence Agency; 

(E) the Government Accountability Office; or 

(F) any entity in the judicial or legislative branches of the Gov

including the Administrative Office of the United States Cour

Architect of the Capitol and any activities under the direction 

Architect of the Capitol; 

658
 
 

Federal Communications Commission, the Federal Election Comm

Election Assistance Commission, the Federal Housing Finance Bo

Federal Labor Relations Authority, the Federal Maritime Commis

Federal Trade Commission, the Legal Services Corporation, the N

Archives and Records Administration, the National Credit Union 

Administration, the National Endowment for the Arts, the Nationa

Endowment for the Humanities, the National Labor Relations Boa

National Science Foundation, the Panama Canal Commission, the 

Corps, the Pension Benefit Guaranty Corporation, the Securities a

Exchange Commission, the Smithsonian Institution, the United St

International Trade Commission, the Postal Regulatory Commissi

United States Postal Service; 

(3) the term “head of the Federal entity” means any person or pers

designated by statute as the head of a Federal entity, and if no suc

designation exists, the chief policymaking officer or board of a Fe

as identified in the list published pursuant to subsection (h)(1) of t

(4) the term “head of the designated Federal entity” means any pe

persons designated by statute as the head of a designated Federal 

no such designation exists, the chief policymaking officer or boar

designated Federal entity as identified in the list published pursua

subsection (h)(1) of this section, except that— 

(A) with respect to the National Science Foundation, such term 

the National Science Board; and 

(B) with respect to the United States Postal Service, such term 

Governors (within the meaning of section 102(3) of title 39, U

States Code); 

(5) the term “Office of Inspector General” means an Office of Ins

General of a designated Federal entity; and 

(6) the term “Inspector General” means an Inspector General of a 

Federal entity. 

(b) No later than 180 days after the date of the enactment of this sectio

1988], there shall be established and maintained in each designated Fe

an Office of Inspector General. The head of the designated Federal en

transfer to such office the offices, units, or other components, and the 

powers, or duties thereof, that such head determines are properly relat

functions of the Office of Inspector General and would, if so transferr

659
 
regard to political affiliation and solely on the basis of integrity and de

ability in accounting, auditing, financial analysis, law, management an

public administration, or investigations. 

(d) Each Inspector General shall report to and be under the general su

the head of the designated Federal entity, but shall not report to, or be 

supervision by, any other officer or employee of such designated Fede

The head of the designated Federal entity shall not prevent or prohibit 

Inspector General from initiating, carrying out, or completing any aud

investigation, or from issuing any subpoena during the course of any a

investigation. 

(e) If an Inspector General is removed from office or is transferred to 

position or location within a designated Federal entity, the head of the 

Federal entity shall communicate in writing the reasons for any such r

transfer to both Houses of Congress, not later than 30 days before the 

transfer. Nothing in this subsection shall prohibit a personnel action o

authorized by law, other than transfer or removal. 

(f)(1) For purposes of carrying out subsection (c) with respect to the U

States Postal Service, the appointment provisions of section 202(e) of 

United States Code, shall be applied. 

(2) In carrying out the duties and responsibilities specified in this 

Inspector General of the United States Postal Service (hereinafter 

subsection referred to as the “Inspector General”) shall have over

responsibility for all activities of the Postal Inspection Service, in

internal investigation performed by the Postal Inspection Service. 

Postal Inspector shall promptly report the significant activities bei

out by the Postal Inspection Service to such Inspector General. 

(3)(A)(i) Notwithstanding subsection (d), the Inspector General 

under the authority, direction, and control of the Governors with r

audits or investigations, or the issuance of subpoenas, which requ

sensitive information concerning— 

(I) ongoing civil or criminal investigations or proceed

(II) undercover operations; 

(III) the identity of confidential sources, including pro

witnesses; 

(IV) intelligence or counterintelligence matters; or 

660
 
 

complete such audit or investigation or to issue such subp

Governors determine that such prohibition is necessary to 

disclosure of any information described under clause (i) o

the significant impairment to the national interests of the 

States. 

(iii) If the Governors exercise any power under clause (i) 

Governors shall notify the Inspector General in writing st

reasons for such exercise. Within 30 days after receipt of 

notice, the Inspector General shall transmit a copy of such 

the Committee on Governmental Affairs of the Senate and 

Committee on Government Reform and Oversight of the 

Representatives, and to other appropriate committees or 

subcommittees of the Congress. 

(B) In carrying out the duties and responsibilities specified in 

the Inspector General— 

(i) may initiate, conduct and supervise such audits and inv

in the United States Postal Service as the Inspector Gener

appropriate; and 

(ii) shall give particular regard to the activities of the Post

Inspection Service with a view toward avoiding duplicatio

insuring effective coordination and cooperation. 

(C) Any report required to be transmitted by the Governors to 

appropriate committees or subcommittees of the Congress un

5(d) shall also be transmitted, within the seven-day period spe

under such section, to the Committee on Governmental Affair

Senate and the Committee on Government Reform and Overs

House of Representatives. 

(3)1

 Nothing in this Act shall restrict, eliminate, or otherwise adv

affect any of the rights, privileges, or benefits of either employees 

United States Postal Service, or labor organizations representing e

of the United States Postal Service, under chapter 12 of title 39, U

Code, the National Labor Relations Act, any handbook or manual 

employee labor relations with the United States Postal Service, or 

collective bargaining agreement. 

1 Two paragraphs (3) have been enacted. 

661
 
subsection (a)) by substituting— 

(A) “designated Federal entity” for “establishment”; and 

(B) “head of the designated Federal entity” for “head of the 

establishment”. 

(2) In addition to the other authorities specified in this Act, an Ins

General is authorized to select, appoint, and employ such officers 

employees as may be necessary for carrying out the functions, pow

duties of the Office of Inspector General and to obtain the tempor

intermittent services of experts or consultants or an organization t

subject to the applicable laws and regulations that govern such sel

appointments, and employment, and the obtaining of such service

the designated Federal entity. 

(3) Notwithstanding the last sentence of subsection (d) of this sect

provisions of subsection (a) of section 8C (other than the provisio

subparagraphs (A), (B), (C), and (E) of subsection (a)(1)) shall ap

Inspector General of the Board of Governors of the Federal Reser

and the Chairman of the Board of Governors of the Federal Reser

in the same manner as such provisions apply to the Inspector Gen

Department of the Treasury and the Secretary of the Treasury, res

(4) Each Inspector General shall— 

(A) in accordance with applicable laws and regulations gover

appointments within the designated Federal entity, appoint a C

the Inspector General who shall report to the Inspector Gener

(B) obtain the services of a counsel appointed by and directly 

to another Inspector General on a reimbursable basis; or 

(C) obtain the services of appropriate staff of the Council of th

Inspectors General on Integrity and Efficiency on a reimbursa

(h)(1) No later than April 30, 1989, and annually thereafter, the Direc

Office of Management and Budget, after consultation with the Compt

General of the United States, shall publish in the Federal Register a lis

Federal entities and designated Federal entities and the head of each s

(as defined under subsection (a) of this section). 

(2) Beginning on October 31, 1989, and on October 31 of each su

calendar year, the head of each Federal entity (as defined under su

(a) of this section) shall prepare and transmit to the Director of the 

662
 
with the standards for audit of governmental organizations, pr

activities, and functions issued by the Comptroller General of 

States, and includes a list of each audit report completed by a 

non-Federal auditor during the reporting period and a summar

particularly significant findings; and 

(C) summarizes any matters relating to the personnel, program

operations of the Federal entity referred to prosecutive author

including a summary description of any preliminary investiga

conducted by or at the request of the Federal entity concernin

matters, and the prosecutions and convictions which have resu

SEC. 8H. ADDITIONAL PROVISIONS WITH RESPECT TO INSPECTORS 

OF THE INTELLIGENCE COMMUNITY 

(a)(1)(A) An employee of the Defense Intelligence Agency, the Natio

Geospatial-Intelligence Agency, the National Reconnaissance Office, 

National Security Agency, or of a contractor of any of those Agencies

intends to report to Congress a complaint or information with respect 

concern may report the complaint or information to the Inspector Gen

Department of Defense (or designee). 

(B) An employee of the Federal Bureau of Investigation, or of 

contractor of the Bureau, who intends to report to Congress a 

or information with respect to an urgent concern may report th

complaint or information to the Inspector General of the Depa

Justice (or designee). 

(C) Any other employee of, or contractor to, an executive age

element or unit thereof, determined by the President under sec

(a)(2)(C)(ii) of title 5, United States Code, to have as its princ

function the conduct of foreign intelligence or counterintellige

activities, who intends to report to Congress a complaint or in

with respect to an urgent concern may report the complaint or 

information to the appropriate Inspector General (or designee

Act or section 17 of the Central Intelligence Agency Act of 19

U.S.C. 403q]. 

(2) If a designee of an Inspector General under this section receiv

complaint or information of an employee with respect to an urgen

663
 
to the head of the establishment notice of that determination, together 

complaint or information. 

(c) Upon receipt of a transmittal from the Inspector General under sub

the head of the establishment shall, within 7 calendar days of such rec

forward such transmittal to the intelligence committees, together with 

comments the head of the establishment considers appropriate. 

(d)(1) If the Inspector General does not find credible under subsection 

complaint or information submitted to the Inspector General under sub

(a), or does not transmit the complaint or information to the head of th

establishment in accurate form under subsection (b), the employee (su

paragraph (2)) may submit the complaint or information to Congress b

contacting either or both of the intelligence committees directly. 

(2) The employee may contact the intelligence committees directl

described in paragraph (1) only if the employee— 

(A) before making such a contact, furnishes to the head of the 

establishment, through the Inspector General, a statement of t

employee’s complaint or information and notice of the emplo

to contact the intelligence committees directly; and 

(B) obtains and follows from the head of the establishment, th

Inspector General, direction on how to contact the intelligenc

committees in accordance with appropriate security practices. 

(3) A member or employee of one of the intelligence committees 

receives a complaint or information under paragraph (1) does so i

member or employee’s official capacity as a member or employee 

committee. 

(e) The Inspector General shall notify an employee who reports a com

information under this section of each action taken under this section 

to the complaint or information. Such notice shall be provided not late

days after any such action is taken. 

(f) An action taken by the head of an establishment or an Inspector Ge

subsections (a) through (e) shall not be subject to judicial review. 

(g)(1) The Inspector General of the Defense Intelligence Agency, the 

Geospatial-Intelligence Agency, the National Reconnaissance Office, 

National Security Agency shall each submit to the congressional intel

committees each year a report that sets forth the following: 

664
 
(C) An assessment of the current ability of such Inspector Gen

and retain qualified personnel for the office of such Inspector 

(D) Any matters that such Inspector General considers approp

regarding the independence and effectiveness of the office of 

Inspector General. 

(2) The submittal date for a report under paragraph (1) each year s

date provided in section 507 of the National Security Act of 1947 

415b]. 

(3) In this subsection, the term “congressional intelligence commi

have the meaning given that term in section 3 of the National Secu

1947 (50 U.S.C. 401a). 

(h) In this section: 

(1) The term “urgent concern” means any of the following: 

(A) A serious or flagrant problem, abuse, violation of law or E

order, or deficiency relating to the funding, administration, or 

of an intelligence activity involving classified information, bu

include differences of opinions concerning public policy matt

(B) A false statement to Congress, or a willful withholding fro

Congress, on an issue of material fact relating to the funding, 

administration, or operation of an intelligence activity. 

(C) An action, including a personnel action described in sectio

(a)(2)(A) of title 5, United States Code, constituting reprisal o

reprisal prohibited under section 7(c) in response to an emplo

reporting an urgent concern in accordance with this section. 

(2) The term “intelligence committees” means the Permanent Sele

Committee on Intelligence of the House of Representatives and th

Committee on Intelligence of the Senate. 

SEC. 8I. SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF 

HOMELAND SECURITY 

(a)(1) Notwithstanding the last two sentences of section 3(a), the Insp

General of the Department of Homeland Security shall be under the au

direction, and control of the Secretary of Homeland Security with resp

audits or investigations, or the issuance of subpoenas, that require acc

sensitive information concerning— 

(A) intelligence, counterintelligence, or counterterrorism matt

665 
Code, section 3056A of title 18 of such Code, or any provisio

Presidential Protection Assistance Act of 1976 (18 U.S.C. 305

(F) other matters the disclosure of which would constitute a se

threat to national security. 

(2) With respect to the information described in paragraph (1), the 

of Homeland Security may prohibit the Inspector General of the D

of Homeland Security from carrying out or completing any audit 

investigation, or from issuing any subpoena, after such Inspector G

decided to initiate, carry out, or complete such audit or investigati

issue such subpoena, if the Secretary determines that such prohibi

necessary to prevent the disclosure of any information described i

(1), to preserve the national security, or to prevent a significant im

to the interests of the United States. 

(3) If the Secretary of Homeland Security exercises any power un

paragraph (1) or (2), the Secretary shall notify the Inspector Gene

Department of Homeland Security in writing within seven days st

reasons for such exercise. Within 30 days after receipt of any such 

Inspector General shall transmit to the President of the Senate, the 

the House of Representatives, and appropriate committees and 

subcommittees of Congress the following: 

(A) A copy of such notice. 

(B) A written response to such notice that includes a statemen

whether the Inspector General agrees or disagrees with such e

and the reasons for any disagreement. 

(b) The exercise of authority by the Secretary described in paragraph 

not be construed as limiting the right of Congress or any committee of 

to access any information it seeks. 

(c) Subject to the conditions established in subsections (a) and (b) abo

carrying out the duties and responsibilities specified in this Act, the In

General of the Department of Homeland Security may initiate, conduc

supervise such audits and investigations in the Department of Homela

as the Inspector General considers appropriate. 

(d) Any report required to be transmitted by the Secretary of Homelan

to the appropriate committees or subcommittees of Congress under se

shall be transmitted, within the seven-day period specified under such 

666
 
Customs Service, the Office of Inspections of the United States Secret 

the Bureau of Border Security, and the Bureau of Citizenship and Imm

Services. The head of each such office or bureau shall promptly repor

Inspector General the significant activities being carried out by such o

bureau. 

(f)(1) The Inspector General of the Department of Homeland Security 

designate a senior official within the Office of Inspector General, who 

career member of the civil service at the equivalent to the GS–15 leve

member of the Senior Executive Service, to perform the functions des

paragraph (2). 

(2) The senior official designated under paragraph (1) shall— 

(A) coordinate the activities of the Office of Inspector Genera

respect to investigations of abuses of civil rights or civil libert

(B) receive and review complaints and information from any 

alleging abuses of civil rights and civil liberties by employees 

of the Department and employees or officials of independent 

or grantees of the Department; 

(C) initiate investigations of alleged abuses of civil rights or c

liberties by employees or officials of the Department and emp

officials of independent contractors or grantees of the Departm

(D) ensure that personnel within the Office of Inspector Gene

sufficient training to conduct effective civil rights and civil lib

investigations; 

(E) consult with the Officer for Civil Rights and Civil Libertie

regarding— 

(i) alleged abuses of civil rights or civil liberties; and 

(ii) any policy recommendations regarding civil rights and 

liberties that may be founded upon an investigation by the 

Inspector General; 

(F) provide the Officer for Civil Rights and Civil Liberties wi

information regarding the outcome of investigations of allege

civil rights and civil liberties; 

(G) refer civil rights and civil liberties matters that the Inspec

decides not to investigate to the Officer for Civil Rights and C

Liberties; 

667
 
 

(I) inform the Officer for Civil Rights and Civil Liberties of a

weaknesses, problems, and deficiencies within the Departmen

civil rights or civil liberties. 

SEC. 8J. RULE OF CONSTRUCTION OF SPECIAL PROVISIONS 

The special provisions under section 8, 8A, 8B, 8C, 8D, 8E, 8F, or 8H 

relate only to the establishment named in such section and no inferenc

drawn from the presence or absence of a provision in any such section 

respect to an establishment not named in such section or with respect 

designated Federal entity as defined under section 8G(a). 

SEC. 8K. AUTHORITY TO ESTABLISH INSPECTOR GENERAL OF THE 

OF THE DIRECTOR OF NATIONAL INTELLIGENCE 

If the Director of National Intelligence determines that an Office of In

General would be beneficial to improving the operations and effective

Office of the Director of National Intelligence, the Director of Nation

Intelligence is authorized to establish, with any of the duties, responsi

authorities set forth in this Act, an Office of Inspector General. 

SEC. 8L. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS 

(a) DIRECT LINKS TO INSPECTORS GENERAL OFFICES.— 

(1) IN GENERAL.—Each agency shall establish and maintain on 

homepage of the website of that agency, a direct link to the websi

Office of the Inspector General of that agency. 

(2) ACCESSIBILITY.—The direct link under paragraph (1) shall 

and facilitate accessibility to the website of the Office of the Inspe

General. 

(b) REQUIREMENTS FOR INSPECTORS GENERAL WEBSITES.

(1) POSTING OF REPORTS AND AUDITS.—The Inspector Ge

of each agency shall— 

(A) not later than 3 days after any report or audit (or portion o

report or audit) is made publicly available, post that report or 

portion of that report or audit) on the website of the Office of 

General; and 

(B) ensure that any posted report or audit (or portion of that re

audit) described under subparagraph (A)— 

668
 
website. 

(2) REPORTING OF FRAUD, WASTE, AND ABUSE.— 

(A) IN GENERAL.—The Inspector General of each agency s

establish and maintain a direct link on the homepage of the w

the Office of the Inspector General for individuals to report fr

and abuse. Individuals reporting fraud, waste, or abuse using 

link established under this paragraph shall not be required to p

personally identifying information relating to that individual. 

(B) ANONYMITY.—The Inspector General of each agency s

disclose the identity of any individual making a report under t

paragraph without the consent of the individual unless the Ins

General determines that such a disclosure is unavoidable duri

course of the investigation. 

SEC. 9. TRANSFER OF FUNCTIONS 

(a) There shall be transferred— 

(1) to the Office of Inspector General— 

(A) of the Department of Agriculture, the offices of that depar

referred to as the “Office of Investigation” and the “Office of 

(B) of the Department of Commerce, the offices of that depar

referred to as the “Office of Audits” and the “Investigations a

Inspections Staff” and that portion of the office referred to as 

of Investigations and Security” which has responsibility for in

of alleged criminal violations and program abuse; 

(C) of the Department of Defense, the offices of that departme

to as the “Defense Audit Service” and the “Office of Inspecto

Defense Logistics Agency”, and that portion of the office of t

department referred to as the “Defense Investigative Service” 

responsibility for the investigation of alleged criminal violatio

(D) of the Department of Education, all functions of the Inspe

General of Health, Education, and Welfare or of the Office of 

General of Health, Education, and Welfare relating to functio

transferred by section 301 of the Department of Education Or

Act [20 U.S.C. 3441]; 

669
 
that department referred to as the Office of Inspector Genera

(H) of the Department of the Interior, the office of that depart

referred to as the “Office of Audit and Investigation”; 

(I) of the Department of Justice, the offices of that Departmen

to as 

(i) the “Audit Staff, Justice Management Division”, 

(ii) the “Policy and Procedures Branch, Office of the Com

Immigration and Naturalization Service”, the “Office of P

Responsibility, Immigration and Naturalization Service”, 

“Office of Program Inspections, Immigration and Natural

Service”, 

(iii) the “Office of Internal Inspection, United States Mars

Service”, 

(iv) the “Financial Audit Section, Office of Financial Man

Bureau of Prisons” and the “Office of Inspections, Bureau 

Prisons”, and 

(v) from the Drug Enforcement Administration, that porti

“Office of Inspections” which is engaged in internal audit 

and that portion of the “Office of Planning and Evaluation

engaged in program review activities; 

(J) of the Department of Labor, the office of that department r

as the “Office of Special Investigations”; 

(K) of the Department of Transportation, the offices of that de

referred to as the “Office of Investigations and Security” and 

of Audit” of the Department, the “Offices of Investigations an

Federal Aviation Administration”, and “External Audit Divisi

Federal Aviation Administration”, the “Investigations Divisio

External Audit Division of the Office of Program Review and 

Investigation, Federal Highway Administration”, and the “Of

Program Audits, Urban Mass Transportation Administration”

(L)(i) of the Department of the Treasury, the office of that dep

referred to as the “Office of Inspector General”, and, notwiths

any other provision of law, that portion of each of the offices 

department referred to as the “Office of Internal Affairs, Tax 

Bureau”, the “Office of Internal Affairs, United States Custom

670
 
(M) of the Environmental Protection Agency, the offices of th

referred to as the “Office of Audit” and the “Security and Insp

Division”; 

(N) of the Federal Emergency Management Agency, the offic

agency referred to as the “Office of Inspector General”; 

(O) of the General Services Administration, the offices of tha

referred to as the “Office of Audits” and the “Office of Invest

(P) of the National Aeronautics and Space Administration, the 

that agency referred to as the “Management Audit Office” and 

“Office of Inspections and Security”; 

(Q) of the Nuclear Regulatory Commission, the office of that 

commission referred to as the “Office of Inspector and Audito

(R) of the Office of Personnel Management, the offices of tha

referred to as the “Office of Inspector General”, the “Insuranc

Division, Retirement and Insurance Group”, and the “Analysi

Evaluation Division, Administration Group”; 

(S) of the Railroad Retirement Board, the Office of Inspector 

established by section 23 of the Railroad Retirement Act of 19

(T) of the Small Business Administration, the office of that ag

referred to as the “Office of Audits and Investigations”; 

(U) of the Veterans’ Administration, the offices of that agency 

as the “Office of Audits” and the “Office of Investigations”; a

(V) of the Corporation for National and Community Service, 

of Inspector General of ACTION; 

(W) of the Social Security Administration, the functions of th

General of the Department of Health and Human Services wh

transferred to the Social Security Administration by the Socia

Independence and Program Improvements Act of 1994 (other 

functions performed pursuant to section 105(a)(2) of such Ac

that such transfers shall be made in accordance with the provi

such Act and shall not be subject to subsections (b) through (d

section; and 

(2) to the Office of the Inspector General, such other offices or ag

functions, powers, or duties thereof, as the head of the establishm

involved may determine are properly related to the functions of th

and would, if so transferred, further the purposes of this Act, exce

671
 
subsection (a) are hereby transferred to the applicable Office of Inspec

General. 

(c) Personnel transferred pursuant to subsection (b) shall be transferre

accordance with applicable laws and regulations relating to the transfe

functions except that the classification and compensation of such pers

not be reduced for one year after such transfer. 

(d) In any case where all the functions, powers, and duties of any offic

agency are transferred pursuant to this subsection, such office or agen

lapse. Any person who, on the effective date of this Act [Oct. 1, 1978

position compensated in accordance with the General Schedule, and w

without a break in service, is appointed in an Office of Inspector Gene

position having duties comparable to those performed immediately pr

such appointment shall continue to be compensated in the new positio

less than the rate provided for the previous position, for the duration o

the new position. 

SEC. 10. OMITTED 

SEC. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSP

GENERAL ON INTEGRITY AND EFFICIENCY. 

(a) ESTABLISHMENT AND MISSION.— 

(1) ESTABLISHMENT.—There is established as an independent 

within the executive branch the Council of the Inspectors General 

Integrity and Efficiency (in this section referred to as the ‘Counci

(2) MISSION.—The mission of the Council shall be to— 

(A) address integrity, economy, and effectiveness issues that t

individual Government agencies; and 

(B) increase the professionalism and effectiveness of personn

developing policies, standards, and approaches to aid in the 

establishment of a well-trained and highly skilled workforce i

offices of the Inspectors General. 

(b) MEMBERSHIP.— 

(1) IN GENERAL.—The Council shall consist of the following m

(A) All Inspectors General whose offices are established unde

(i) section 2; or 

(ii) section 8G. 

672
 
 

(F) The Special Counsel of the Office of Special Counsel. 

(G) The Deputy Director of the Office of Personnel Managem

(H) The Deputy Director for Management of the Office of Ma

and Budget. 

(I) The Inspectors General of the Library of Congress, Capito

Government Printing Office, Government Accountability Off

Architect of the Capitol. 

(2) CHAIRPERSON AND EXECUTIVE CHAIRPERSON.— 

(A) EXECUTIVE CHAIRPERSON.—The Deputy Director f

Management of the Office of Management and Budget shall b

Executive Chairperson of the Council. 

(B) CHAIRPERSON.—The Council shall elect 1 of the Inspe

General referred to in paragraph (1)(A) or (B) to act as Chairp

the Council. The term of office of the Chairperson shall be 2 y

(3) FUNCTIONS OF CHAIRPERSON AND EXECUTIVE 

CHAIRPERSON.— 

(A) EXECUTIVE CHAIRPERSON.—The Executive Chairpe

shall— 

(i) preside over meetings of the Council; 

(ii) provide to the heads of agencies and entities represent

Council summary reports of the activities of the Council; 

(iii) provide to the Council such information relating to th

and entities represented on the Council as assists the Coun

performing its functions. 

(B) CHAIRPERSON.—The Chairperson shall— 

(i) convene meetings of the Council— 

(I) at least 6 times each year; 

(II) monthly to the extent possible; and 

(III) more frequently at the discretion of the Chairper

(ii) carry out the functions and duties of the Council unde

(c); 

(iii) appoint a Vice Chairperson to assist in carrying out th

of the Council and act in the absence of the Chairperson, 

category of Inspectors General described in subparagraph 

(A)(ii), or (B) of paragraph (1), other than the category fr

the Chairperson was elected; 

673 
the provisions of chapter 51 and subchapter III of chapter 

title, relating to classification and General Schedule pay r

(vi) to the extent and in such amounts as may be provided 

by appropriations Acts, made available from the revolvin

established under subsection (c)(3)(B), or as otherwise pr

law, enter into contracts and other arrangements with pub

and private persons to carry out the functions and duties o

Council; 

(vii) establish, in consultation with the members of the Co

committees as determined by the Chairperson to be neces

appropriate for the efficient conduct of Council functions

(viii) prepare and transmit a report annually on behalf of t

to the President on the activities of the Council. 

(c) FUNCTIONS AND DUTIES OF COUNCIL.— 

(1) IN GENERAL.—The Council shall— 

(A) continually identify, review, and discuss areas of weaknes

vulnerability in Federal programs and operations with respect 

waste, and abuse; 

(B) develop plans for coordinated, Governmentwide activities 

address these problems and promote economy and efficiency 

programs and operations, including interagency and interentit

investigation, inspection, and evaluation programs and projec

efficiently and effectively with those problems concerning fra

waste that exceed the capability or jurisdiction of an individua

entity; 

(C) develop policies that will aid in the maintenance of a corp

trained and highly skilled Office of Inspector General personn

(D) maintain an Internet website and other electronic systems 

benefit of all Inspectors General, as the Council determines ar

or desirable; 

(E) maintain 1 or more academies as the Council considers de

the professional training of auditors, investigators, inspectors, 

and other personnel of the various offices of Inspector Genera

(F) submit recommendations of individuals to the appropriate 

authority for any appointment to an office of Inspector Gener

under subsection (b)(1)(A) or (B); 

674
 
established by the Comptroller General of the United States for au

Federal establishments, organizations, programs, activities, and fu

each member of the Council, as appropriate, shall— 

(A) adhere to professional standards developed by the Counci

(B) participate in the plans, programs, and projects of th

except that in the case of a member described under subsectio

the member shall participate only to the extent requested by th

and approved by the Executive Chairperson and Chairperson. 

(3) ADDITIONAL ADMINISTRATIVE AUTHORITIES.— 

(A) INTERAGENCY FUNDING.—Notwithstanding section 

title 31, United States Code, or any other provision of law pro

interagency funding of activities described under subclause (I

(III) of clause (i), in the performance of the responsibilities, a

and duties of the Council— 

(i) the Executive Chairperson may authorize the use of in

funding for— 

(I) Governmentwide training of employees of the Off

Inspectors General; 

(II) the functions of the Integrity Committee of the Co

(III) any other authorized purpose determined by the 

and 

(ii) upon the authorization of the Executive Chairperson, 

department, agency, or entity of the executive branch whi

member on the Council shall fund or participate in the fun

such activities. 

(B) REVOLVING FUND.— 

(i) IN GENERAL.—The Council may— 

(I) establish in the Treasury of the United States a rev

to be called the Inspectors General Council Fund; or 

(II) enter into an arrangement with a department or ag

an existing revolving fund. 

(ii) AMOUNTS IN REVOLVING FUND.— 

(I) IN GENERAL.—Amounts transferred to the Cou

this subsection shall be deposited in the revolving fun

under clause (i)(I) or (II). 

675
 
(I) IN GENERAL.—Except as provided under subcla

amounts in the revolving fund described under clause 

(II) may be used to carry out the functions and duties 

Council under this subsection. 

(II) TRAINING.—Amounts transferred into the revol

described under clause (i)(I) or (II) may be used for th

of maintaining any training academy as determined b

Council. 

(iv) AVAILABILITY OF FUNDS.—Amounts in the revo

described under clause (i)(I) or (II) shall remain available 

Council without fiscal year limitation. 

(C) SUPERSEDING PROVISIONS.—No provision of law en

the date of enactment of this subsection shall be construed to 

supersede any authority under subparagraph (A) or (B), unles

provision makes specific reference to the authority in that par

(4) EXISTING AUTHORITIES AND RESPONSIBILITIES.—T

establishment and operation of the Council shall not affect— 

(A) the role of the Department of Justice in law enforcement a

litigation; 

(B) the authority or responsibilities of any Government agenc

and 

(C) the authority or responsibilities of individual members of 

Council. 

(d) INTEGRITY COMMITTEE.— 

(1) ESTABLISHMENT.—The Council shall have an Integrity Co

which shall receive, review, and refer for investigation allegations 

wrongdoing that are made against Inspectors General and staff me

the various Offices of Inspector General described under paragrap

(2) MEMBERSHIP.—The Integrity Committee shall consist of th

members: 

(A) The official of the Federal Bureau of Investigation serving 

Council, who shall serve as Chairperson of the Integrity Com

maintain the records of the Committee. 

(B) Four Inspectors General described in subparagraph (A) or 

subsection (b)(1) appointed by the Chairperson of the Counci

676
 
as a legal advisor to the Integrity Committee. 

(4) REFERRAL OF ALLEGATIONS.— 

(A) REQUIREMENT.—An Inspector General shall refer to th

Committee any allegation of wrongdoing against a staff mem

office of that Inspector General, if— 

(i) review of the substance of the allegation cannot be ass

agency of the executive branch with appropriate jurisdicti

matter; and 

(ii) the Inspector General determines that— 

(I) an objective internal investigation of the allegation 

feasible; or 

(II) an internal investigation of the allegation may app

be objective. 

(B) DEFINITION.—In this paragraph the term ‘staff member

any employee of an Office of Inspector General who— 

(i) reports directly to an Inspector General; or 

(ii) is designated by an Inspector General under subparagr

(C) DESIGNATION OF STAFF MEMBERS.—Each Inspect

shall annually submit to the Chairperson of the Integrity Com

designation of positions whose holders are staff members for 

subparagraph (B). 

(5) REVIEW OF ALLEGATIONS.—The Integrity Committee sh

(A) review all allegations of wrongdoing the Integrity Commi

receives against an Inspector General, or against a staff memb

Office of Inspector General described under paragraph (4)(C)

(B) refer any allegation of wrongdoing to the agency of the ex

branch with appropriate jurisdiction over the matter; and 

(C) refer to the Chairperson of the Integrity Committee any al

wrongdoing determined by the Integrity Committee under sub

(A) to be potentially meritorious that cannot be referred to an 

under subparagraph (B). 

(6) AUTHORITY TO INVESTIGATE ALLEGATIONS.— 

(A) REQUIREMENT.—The Chairperson of the Integrity Com

shall cause a thorough and timely investigation of each allega

referred under paragraph (5)(C) to be conducted in accordanc

paragraph. 

677 
to conduct an investigation under this subsection. 

(7) PROCEDURES FOR INVESTIGATIONS.— 

(A) STANDARDS APPLICABLE.—Investigations initiated 

subsection shall be conducted in accordance with the most cu

Quality Standards for Investigations issued by the Council or 

predecessors (the President’s Council on Integrity and Efficie

Executive Council on Integrity and Efficiency). 

(B) ADDITIONAL POLICIES AND PROCEDURES.— 

(i) ESTABLISHMENT.—The Integrity Committee, in co

with the Chairperson of the Council, shall establish additi

policies and procedures necessary to ensure fairness and c

in— 

(I) determining whether to initiate an investigation; 

(II) conducting investigations; 

(III) reporting the results of an investigation; and 

(IV) providing the person who is the subject of an inv

with an opportunity to respond to any Integrity Comm

report. 

(ii) SUBMISSION TO CONGRESS.—The Council shall 

copy of the policies and procedures established under clau

the congressional committees of jurisdiction. 

(C) REPORTS.— 

(i) POTENTIALLY MERITORIOUS ALLEGATIONS.—

allegations described under paragraph (5)(C), the Chairpe

Integrity Committee shall make a report containing the re

investigation of the Chairperson and shall provide such re

members of the Integrity Committee. 

(ii) ALLEGATIONS OF WRONGDOING.—For allegati

referred to an agency under paragraph (5)(B), the head of 

shall make a report containing the results of the investigat

shall provide such report to members of the Integrity Com

(8) ASSESSMENT AND FINAL DISPOSITION.— 

(A) IN GENERAL.—With respect to any report received und

paragraph (7)(C), the Integrity Committee shall— 

(i) assess the report; 

678
 
head of a designated Federal entity (in the case of a repor

an Inspector General of such an entity or any employee o

Inspector General) for resolution; and 

(iii) submit to the Committee on Government Oversight a

of the House of Representatives, the Committee on Home

Security and Governmental Affairs of the Senate, and oth

congressional committees of jurisdiction an executive sum

such report and recommendations within 30 days after the 

submission of such report to the Executive Chairperson u

(ii). 

(B) DISPOSITION.—The Executive Chairperson of the Coun

report to the Integrity Committee the final disposition of the m

including what action was taken by the President or agency he

(9) ANNUAL REPORT.—The Council shall submit to Congress 

President by December 31 of each year a report on the activities o

Integrity Committee during the preceding fiscal year, which shall 

following: 

(A) The number of allegations received. 

(B) The number of allegations referred to other agencies, incl

number of allegations referred for criminal investigation. 

(C) The number of allegations referred to the Chairperson of t

Committee for investigation. 

(D) The number of allegations closed without referral. 

(E) The date each allegation was received and the date each a

was finally disposed of. 

(F) In the case of allegations referred to the Chairperson of th

Committee, a summary of the status of the investigation of th

allegations and, in the case of investigations completed during 

preceding fiscal year, a summary of the findings of the invest

(G) Other matters that the Council considers appropriate. 

(10) REQUESTS FOR MORE INFORMATION.—With respect t

paragraphs (8) and (9), the Council shall provide more detailed in

about specific allegations upon request from any of the following

(A) The chairperson or ranking member of the Committee on 

Security and Governmental Affairs of the Senate. 

679
 
against the United States, its agencies, its officers, or any person. 

SEC. 12. DEFINITIONS 

As used in this Act— 

(1) the term “head of the establishment” means the Secretary of Agric

Commerce, Defense, Education, Energy, Health and Human Services

and Urban Development, the Interior, Labor, State, Transportation, H

Security, or the Treasury; the Attorney General; the Administrator of 

for International Development, Environmental Protection, General Se

National Aeronautics and Space, Small Business, or Veterans’ Affairs

Administrator of the Federal Emergency Management Agency, or the 

Personnel Management; the Chairman of the Nuclear Regulatory Com

the Railroad Retirement Board; the Chairperson of the Thrift Deposito

Protection Oversight Board; the Chief Executive Officer of the Corpo

National and Community Service; the Administrator of the Communi

Development Financial Institutions Fund; the chief executive officer o

Resolution Trust Corporation; the Chairperson of the Federal Deposit 

Corporation; the Commissioner of Social Security, Social Security 

Administration; the Director of the Federal Housing Finance Agency; 

of Directors of the Tennessee Valley Authority; the President of the E

Import Bank; or the Federal Cochairpersons of the Commissions estab

under section 15301 of title 40, United States Code; as the case may b

(2) the term “establishment” means the Department of Agriculture, Co

Defense, Education, Energy, Health and Human Services, Housing an

Development, the Interior, Justice, Labor, State, Transportation, Hom

Security, or the Treasury; the Agency for International Development, 

Community Development Financial Institutions Fund, the Environme

Protection Agency, the Federal Emergency Management Agency, the 

Services Administration, the National Aeronautics and Space Admini

Nuclear Regulatory Commission, the Office of Personnel Managemen

Railroad Retirement Board, the Resolution Trust Corporation, the Fed

Deposit Insurance Corporation, the Small Business Administration, th

Corporation for National and Community Service, the Veterans’ Adm

the Social Security Administration, the Federal Housing Finance Agen

Tennessee Valley Authority, the Export-Import Bank, or the Commiss

680
 
(5) the term Federal agency means an agency as defined in section 5

title 5 (including an establishment as defined in paragraph (2)), United 

Code, but shall not be construed to include the Government Accounta

Office. 

SEC. 13. EFFECTIVE DATE 

The provisions of this Act and the amendments made by this Act [see 

of this Act] shall take effect October 1, 1978. 

681
 
682
 
CRIMINAL PENALTIES FOR CERTAIN WAR CRIMES. 

SEC. 2. 

(a) IN GENERAL- Title 18, United States Code, is amended by insert

chapter 117 the following: 

(a) OFFENSE.— Whoever, whether inside or outside the United States

war crime, in any of the circumstances described in subsection (b), sh

under this title or imprisoned for life or any term of years, or both, and 

results to the victim, shall also be subject to the penalty of death. 

(b) CIRCUMSTANCES.— The circumstances referred to in subsection (

the person committing such war crime or the victim of such war crime 

member of the Armed Forces of the United States or a national of the 

States (as defined in section 101 of the Immigration and Nationality A

(c) DEFINITION.— As used in this section the term “war crime” means 

conduct— 

(1) defined as a grave breach in any of the international conve

signed at Geneva 12 August 1949, or any protocol to such con

which the United States is a party; 

(2) prohibited by Article 23, 25, 27, or 28 of the Annex to the 

Convention IV, Respecting the Laws and Customs of War on 

signed 18 October 1907; 

(3) which constitutes a grave breach of common Article 3 (as 

subsection (d)) when committed in the context of and in assoc

an armed conflict not of an international character; or 

(4) of a person who, in relation to an armed conflict and contr

provisions of the Protocol on Prohibitions or Restrictions on t

Mines, Booby-Traps and Other Devices as amended at Genev

1996 (Protocol II as amended on 3 May 1996), when the Unit

a party to such Protocol, willfully kills or causes serious injur

civilians. 

(d) COMMON ARTICLE 3 VIOLATIONS.— 

(1) PROHIBITED CONDUCT.— In subsection (c)(3), the term “g

breach of common Article 3” means any conduct (such condu

constituting a grave breach of common Article 3 of the intern

conventions done at Geneva August 12, 1949), as follows: 

683
 
coercion, or any reason based on discrimination of an

(B) CRUEL OR INHUMAN TREATMENT.— The act of a 

commits, or conspires or attempts to commit, an act in

inflict severe or serious physical or mental pain or suf

(other than pain or suffering incidental to lawful sanc

including serious physical abuse, upon another within 

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 intentionally 

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. 

(F) INTENTIONALLY CAUSING SERIOUS BODILY INJUR

act of a person who intentionally causes, or conspires 

to cause, serious bodily injury to one or more persons

lawful combatants, in violation of the law of war. 

(G) RAPE.— The act of a person who forcibly or with 

or threat of force wrongfully invades, or conspires or 

invade, the body of a person by penetrating, however 

684
 
persons to engage in sexual contact. 

(I) TAKING HOSTAGES.— The act of a person who, ha

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 subsection 

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 f

of paragraph (1)(F) in accordance with the meaning g

term in section 113(b)(2) of this title; 

(C) the term “sexual contact” shall be applied for purp

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 seri

(other than cuts, abrasions, or bruises); or 

(iv) significant loss or impairment of the func

bodily member, organ, or mental faculty; and 

(E) the term “serious mental pain or suffering” shall b

for purposes of paragraph (1)(B) in accordance with t

given the term “severe mental pain or suffering” (as d

section 2340(2) of this title), except that— 

(i) the term “serious” shall replace the term “

where it appears; and 

(ii) as to conduct occurring after the date of th

enactment of the Military Commissions Act o

685
 
 

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 attack. 

(4) INAPPLICABILITY OF TAKING HOSTAGES TO PRISONER EXC

Paragraph (1)(I) does not apply to an offense under subsection 

reason of subsection (c)(3) in the case of a prisoner exchange 

wartime. 

(5) DEFINITION OF GRAVE BREACHES.— The definitions in thi

subsection are intended only to define the grave breaches of c

Article 3 and not the full scope of United States obligations un

Article.” 

686
 
 

ELECTRONIC COMMUNICATIONS PROHIBITED
 

SECTION. 2511. 

(1) Except as otherwise specifically provided in this chapter any perso

(a) intentionally intercepts, endeavors to intercept, or procures any 

person to intercept or endeavor to intercept, any wire, oral, or elec

communication; 

(b) intentionally uses, endeavors to use, or procures any other per

or endeavor to use any electronic, mechanical, or other device to i

any oral communication when— 

(i) such device is affixed to, or otherwise transmits a signal th

wire, cable, or other like connection used in wire communicat

(ii) such device transmits communications by radio, or interfe

transmission of such communication; or 

(iii) such person knows, or has reason to know, that such devi

component thereof has been sent through the mail or transpor

interstate or foreign commerce; or 

(iv) such use or endeavor to use (A) takes place on the premis

business or other commercial establishment the operations of 

affect interstate or foreign commerce; or (B) obtains or is for 

of obtaining information relating to the operations of any busi

other commercial establishment the operations of which affec

or foreign commerce; or 

(v) such person acts in the District of Columbia, the Common

Puerto Rico, or any territory or possession of the United State

(c) intentionally discloses, or endeavors to disclose, to any other p

contents of any wire, oral, or electronic communication, knowing 

reason to know that the information was obtained through the inte

a wire, oral, or electronic communication in violation of this subs

(d) intentionally uses, or endeavors to use, the contents of any wir

electronic communication, knowing or having reason to know tha

information was obtained through the interception of a wire, oral, 

electronic communication in violation of this subsection; or 

(e)(i) intentionally discloses, or endeavors to disclose, to any othe

contents of any wire, oral, or electronic communication, intercept

687
 
 

criminal investigation, and 

(iv) with intent to improperly obstruct, impede, or interfere w

authorized criminal investigation, 

shall be punished as provided in subsection (4) or shall be sub

as provided in subsection (5). 

(2)(a)(i) It shall not be unlawful under this chapter for an operator of a 

switchboard, or an officer, employee, or agent of a provider of wire or 

communication service, whose facilities are used in the transmission o

electronic communication, to intercept, disclose, or use that communi

the normal course of his employment while engaged in any activity w

necessary incident to the rendition of his service or to the protection o

or property of the provider of that service, except that a provider of w

communication service to the public shall not utilize service observing 

monitoring except for mechanical or service quality control checks. 

(ii) Notwithstanding any other law, providers of wire or electr

communication service, their officers, employees, and agents, 

custodians, or other persons, are authorized to provide inform

facilities, or technical assistance to persons authorized by law 

wire, oral, or electronic communications or to conduct electro

surveillance, as defined in section 101 of the Foreign Intellige

Surveillance Act of 1978, if such provider, its officers, emplo

agents, landlord, custodian, or other specified person, has bee

with— 

(A) a court order directing such assistance signed by the a

judge, or 

(B) a certification in writing by a person specified in secti

of this title or the Attorney General of the United States th

warrant or court order is required by law, that all statutory 

requirements have been met, and that the specified assista

required, setting forth the period of time during which the 

of the information, facilities, or technical assistance is aut

specifying the information, facilities, or technical assistan

required. No provider of wire or electronic communicatio

officer, employee, or agent thereof, or landlord, custodian

specified person shall disclose the existence of any interc

surveillance or the device used to accomplish the intercep

688 
the civil damages provided for in section 2520. No cause 

shall lie in any court against any provider of wire or elect

communication service, its officers, employees, or agents

custodian, or other specified person for providing informa

facilities, or assistance in accordance with the terms of a c

statutory authorization, or certification under this chapter

(b) It shall not be unlawful under this chapter for an officer, emplo

agent of the Federal Communications Commission, in the normal 

his employment and in discharge of the monitoring responsibilitie

by the Commission in the enforcement of chapter 5 of title 47 of t

States Code, to intercept a wire or electronic communication, or o

communication transmitted by radio, or to disclose or use the info

thereby obtained. 

(c) It shall not be unlawful under this chapter for a person acting u

of law to intercept a wire, oral, or electronic communication, whe

person is a party to the communication or one of the parties to the 

communication has given prior consent to such interception. 

(d) It shall not be unlawful under this chapter for a person not acti

color of law to intercept a wire, oral, or electronic communication 

such person is a party to the communication or where one of the p

communication has given prior consent to such interception unles

communication is intercepted for the purpose of committing any c

tortious act in violation of the Constitution or laws of the United S

any State. 

(e) Notwithstanding any other provision of this title or section 705 

the Communications Act of 1934, it shall not be unlawful for an o

employee, or agent of the United States in the normal course of hi

duty to conduct electronic surveillance, as defined in section 101 

Foreign Intelligence Surveillance Act of 1978, as authorized by th

(f) Nothing contained in this chapter or chapter 121 or 206 of this 

section 705 of the Communications Act of 1934, shall be deemed 

the acquisition by the United States Government of foreign intelli

information from international or foreign communications, or fore

intelligence activities conducted in accordance with otherwise app

Federal law involving a foreign electronic communications system

a means other than electronic surveillance as defined in section 10

689
 
any person— 

(i) to intercept or access an electronic communication made th

electronic communication system that is configured so that su

electronic communication is readily accessible to the general 

(ii) to intercept any radio communication which is transmitted

(I) by any station for the use of the general public, or that 

ships, aircraft, vehicles, or persons in distress; 

(II) by any governmental, law enforcement, civil defense, 

land mobile, or public safety communications system, inc

police and fire, readily accessible to the general public; 

(III) by a station operating on an authorized frequency wi

bands allocated to the amateur, citizens band, or general m

services; or 

(IV) by any marine or aeronautical communications syste

(iii) to engage in any conduct which— 

(I) is prohibited by section 633 of the Communications A

or 

(II) is excepted from the application of section 705(a) of t

Communications Act of 1934 by section 705(b) of that A

(iv) to intercept any wire or electronic communication the tran

of which is causing harmful interference to any lawfully oper

or consumer electronic equipment, to the extent necessary to i

source of such interference; or 

(v) for other users of the same frequency to intercept any radi

communication made through a system that utilizes frequenci

monitored by individuals engaged in the provision or the use 

system, if such communication is not scrambled or encrypted

(h) It shall not be unlawful under this chapter— 

(i) to use a pen register or a trap and trace device (as those ter

defined for the purposes of chapter 206 (relating to pen regist

and trace devices) of this title); or 

(ii) for a provider of electronic communication service to reco

that a wire or electronic communication was initiated or comp

order to protect such provider, another provider furnishing ser

toward the completion of the wire or electronic communicatio

of that service, from fraudulent, unlawful or abusive use of su

690
 
 

(II) the person acting under color of law is lawfully engaged i

investigation; 

(III) the person acting under color of law has reasonable grou

believe that the contents of the computer trespasser’s commun

will be relevant to the investigation; and 

(IV) such interception does not acquire communications other 

transmitted to or from the computer trespasser. 

(3)(a) Except as provided in paragraph (b) of this subsection, a person 

providing an electronic communication service to the public shall not 

intentionally divulge the contents of any communication (other than o

person or entity, or an agent thereof) while in transmission on that ser

person or entity other than an addressee or intended recipient of such 

communication or an agent of such addressee or intended recipient. 

(b) A person or entity providing electronic communication service 

public may divulge the contents of any such communication— 

(i) as otherwise authorized in section 2511 (2)(a) or 2517 of th

(ii) with the lawful consent of the originator or any addressee 

recipient of such communication; 

(iii) to a person employed or authorized, or whose facilities ar

forward such communication to its destination; or 

(iv) which were inadvertently obtained by the service provide

appear to pertain to the commission of a crime, if such divulg

made to a law enforcement agency. 

(4)(a) Except as provided in paragraph (b) of this subsection or in sub

whoever violates subsection (1) of this section shall be fined under thi

imprisoned not more than five years, or both. 

(b) Conduct otherwise an offense under this subsection that consi

relates to the interception of a satellite transmission that is not enc

scrambled and that is transmitted— 

(i) to a broadcasting station for purposes of retransmission to 

public; or 

(ii) as an audio subcarrier intended for redistribution to facilit

the public, but not including data transmissions or telephone c

is not an offense under this subsection unless the conduct is for th

of direct or indirect commercial advantage or private financial gai

(5)(a)(i) If the communication is— 

691
 
allocated under subpart D of part 74 of the rules of the Fe

Communications Commission that is not scrambled or en

the conduct in violation of this chapter is not for a tortiou

purpose or for purposes of direct or indirect commercial a

or private commercial gain, 

then the person who engages in such conduct shall be subject 

the Federal Government in a court of competent jurisdiction. 

(ii) In an action under this subsection— 

(A) if the violation of this chapter is a first offense for the per

paragraph (a) of subsection (4) and such person has not been f

in a civil action under section 2520 of this title, the Federal G

shall be entitled to appropriate injunctive relief; and 

(B) if the violation of this chapter is a second or subsequent o

under paragraph (a) of subsection (4) or such person has been 

liable in any prior civil action under section 2520, the person 

subject to a mandatory $500 civil fine. 

(b) The court may use any means within its authority to enforce an 

issued under paragraph (ii)(A), and shall impose a civil fine of no

$500 for each violation of such an injunction. 

692
 
National Commission on Terrorist Attacks Upon the United States. 

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 `Implementing Recom

of the 9/11 Commission Act of 2007'. 

(b) TABLE OF CONTENTS- The table of contents for this Act is as follo

SEC. 1. Short title; table of contents. 

TITLE I--HOMELAND SECURITY GRANTS 

SEC. 101. Homeland Security Grant Program. 

SEC. 102. Other amendments to the Homeland Security Act of 2002. 

SEC. 103. Amendments to the Post-Katrina Emergency Management R

 of 2006. 

SEC. 104. Technical and conforming amendments. 

TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRAN

SEC. 201. Emergency management performance grant program. 

SEC. 202. Grants for construction of emergency operations centers. 

TITLE III--ENSURING COMMUNICATIONS 

INTEROPERABILITY FOR FIRST RESPONDERS 

SEC. 301. Interoperable emergency communications grant program. 

SEC. 302. Border interoperability demonstration project. 

TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND S

SEC. 401. Definitions. 

SEC. 402. National exercise program design. 

SEC. 403. National exercise program model exercises. 

SEC. 404. Preidentifying and evaluating multijurisdictional facilities to 

incident command; private sector preparedness. 

693
 
 

 

 

 

 

TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHAR

WITHIN THE FEDERAL GOVERNMENT AND WITH 

STATE, LOCAL, AND TRIBAL GOVERNMENTS
 

SUBTITLE A--HOMELAND SECURITY INFORMATION SHARING ENHA

SEC. 501. Homeland Security Advisory System and information shari

SEC. 502. Intelligence Component Defined. 

SEC. 503. Role of intelligence components, training, and information 

SEC. 504. Information sharing. 

SUBTITLE B--HOMELAND SECURITY INFORMATION SHARING PART

SEC. 511. Department of Homeland Security State, Local, and Region

 Center Initiative. 

SEC. 512. Homeland Security Information Sharing Fellows Program. 

SEC. 513. Rural Policing Institute. 

SUBTITLE C--INTERAGENCY THREAT ASSESSMENT AND COORDINAT

SEC. 521. Interagency Threat Assessment and Coordination Group. 

SUBTITLE D--HOMELAND SECURITY INTELLIGENCE OFFICES REORG

SEC. 531. Office of Intelligence and Analysis and Office of Infrastruc

Protection. 

SUBTITLE E--AUTHORIZATION OF APPROPRIATIONS 

SEC. 541. Authorization of appropriations. 

TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE 

SEC. 601. Availability to public of certain intelligence funding inform

SEC. 602. Public Interest Declassification Board. 

SEC. 603. Sense of the Senate regarding a report on the 9/11 Commiss

 recommendations with respect to intelligence reform and co

 intelligence oversight reform. 

SEC. 604. Availability of funds for the Public Interest Declassification 

694
 
 

 

SUBTITLE A--TERRORIST TRAVEL 

SEC. 701. Report on international collaboration to increase border secu

 enhance global document security, and exchange terrorist in

SUBTITLE B--VISA WAIVER 

SEC. 711. Modernization of the visa waiver program. 

SUBTITLE C--STRENGTHENING TERRORISM PREVENTION PROG

SEC. 721. Strengthening the capabilities of the Human Smuggling and 

 Trafficking Center. 

SEC. 722. Enhancements to the terrorist travel program. 

SEC. 723. Enhanced driver's license. 

SEC. 724. Western Hemisphere Travel Initiative. 

SEC. 725. Model ports-of-entry. 

SUBTITLE D--MISCELLANEOUS PROVISIONS 

SEC. 731. Report regarding border security. 

TITLE VIII--PRIVACY AND CIVIL LIBERTIES 

SEC. 801. Modification of authorities relating to Privacy and Civil Lib

 Oversight Board. 

SEC. 802. Department Privacy Officer. 

SEC. 803. Privacy and civil liberties officers. 

SEC. 804. Federal Agency Data Mining Reporting Act of 2007. 

TITLE IX--PRIVATE SECTOR PREPAREDNESS 

SEC. 901. Private sector preparedness. 

SEC. 902. Responsibilities of the private sector Office of the Departme

TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURIT

SEC. 1001. National Asset Database. 

SEC. 1002. Risk assessments and report. 

SEC. 1003. Sense of Congress regarding the inclusion of levees in the 

Infrastructure Protection Plan. 

695
 
TITLE XII--TRANSPORTATION SECURITY PLANNING 

AND INFORMATION SHARING 

SEC. 1201. Definitions. 

SEC. 1202. Transportation security strategic planning. 

SEC. 1203. Transportation security information sharing. 

SEC. 1204. National domestic preparedness consortium. 

SEC. 1205. National transportation security center of excellence. 

SEC. 1206. Immunity for reports of suspected terrorist activity or susp

 behavior and response. 

TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS 

SEC. 1301. Definitions. 

SEC. 1302. Enforcement authority. 

SEC. 1303. Authorization of visible intermodal prevention and respon

SEC. 1304. Surface transportation security inspectors. 

SEC. 1305. Surface transportation security technology information sha

SEC. 1306. TSA personnel limitations. 

SEC. 1307. National explosives detection canine team training program

SEC. 1308. Maritime and surface transportation security user fee study

SEC. 1309. Prohibition of issuance of transportation security cards to c

felons. 

SEC. 1310. Roles of the Department of Homeland Security and the De

 Transportation. 

TITLE XIV--PUBLIC TRANSPORTATION SECURITY 

SEC. 1401. Short title. 

SEC. 1402. Definitions. 

SEC. 1403. Findings. 

SEC. 1404. National Strategy for Public Transportation Security. 

SEC. 1405. Security assessments and plans. 

SEC. 1406. Public transportation security assistance. 

SEC. 1407. Security exercises. 

SEC. 1408. Public transportation security training program. 

SEC. 1409. Public transportation research and development. 

SEC. 1410. Information sharing. 

696
 
TITLE XV--SURFACE TRANSPORTATION SECURITY 

SUBTITLE A--GENERAL PROVISIONS 

SEC. 1501. Definitions. 

SEC. 1502. Oversight and grant procedures. 

SEC. 1503. Authorization of appropriations. 

SEC. 1504. Public awareness. 

SUBTITLE B--RAILROAD SECURITY 

SEC. 1511. Railroad transportation security risk assessment and nation

SEC. 1512. Railroad carrier assessments and plans. 

SEC. 1513. Railroad security assistance. 

SEC. 1514. Systemwide Amtrak security upgrades. 

SEC. 1515. Fire and life safety improvements. 

SEC. 1516. Railroad carrier exercises. 

SEC. 1517. Railroad security training program. 

SEC. 1518. Railroad security research and development. 

SEC. 1519. Railroad tank car security testing. 

SEC. 1520. Railroad threat assessments. 

SEC. 1521. Railroad employee protections. 

SEC. 1522. Security background checks of covered individuals. 

SEC. 1523. Northern border railroad passenger report. 

SEC. 1524. International Railroad Security Program. 

SEC. 1525. Transmission line report. 

SEC. 1526. Railroad security enhancements. 

SEC. 1527. Applicability of District of Columbia law to certain Amtra

SEC. 1528. Railroad preemption clarification. 

SUBTITLE C--OVER-THE-ROAD BUS AND TRUCKING SECURI

SEC. 1531. Over-the-road bus security assessments and plans. 

SEC. 1532. Over-the-road bus security assistance. 

SEC. 1533. Over-the-road bus exercises. 

SEC. 1534. Over-the-road bus security training program. 

SEC. 1535. Over-the-road bus security research and development. 

SEC. 1536. Motor carrier employee protections. 

697
 
SUBTITLE D--HAZARDOUS MATERIAL AND PIPELINE SECURI

SEC. 1551. Railroad routing of security-sensitive materials. 

SEC. 1552. Railroad security-sensitive material tracking. 

SEC. 1553. Hazardous materials highway routing. 

SEC. 1554. Motor carrier security-sensitive material tracking. 

SEC. 1555. Hazardous materials security inspections and study. 

SEC. 1556. Technical corrections. 

SEC. 1557. Pipeline security inspections and enforcement. 

SEC. 1558. Pipeline security and incident recovery plan. 

TITLE XVI—AVIATION 

SEC. 1601. Airport checkpoint screening fund. 

SEC. 1602. Screening of cargo carried aboard passenger aircraft. 

SEC. 1603. In-line baggage screening. 

SEC. 1604. In-line baggage system deployment. 

SEC. 1605. Strategic plan to test and implement advanced passenger p

 system. 

SEC. 1606. Appeal and redress process for passengers wrongly delaye

 prohibited from boarding a flight. 

SEC. 1607. Strengthening explosives detection at passenger screening 

 checkpoints. 

SEC. 1608. Research and development of aviation transportation secur

 technology. 

SEC. 1609. Blast-resistant cargo containers. 

SEC. 1610. Protection of passenger planes from explosives. 

SEC. 1611. Specialized training. 

SEC. 1612. Certain TSA personnel limitations not to apply. 

SEC. 1613. Pilot project to test different technologies at airport exit lan

SEC. 1614. Security credentials for airline crews. 

SEC. 1615. Law enforcement officer biometric credential. 

SEC. 1616. Repair station security. 

SEC. 1617. General aviation security. 

SEC. 1618. Extension of authorization of aviation security funding. 

698
 
 

 

SEC. 1802. Definitions. 

SUBTITLE A--REPEAL AND MODIFICATION OF LIMITATIONS ON ASSIS

PREVENTION OF WMD PROLIFERATION AND TERRORISM

SEC. 1811. Repeal and modification of limitations on assistance for pr

 weapons of mass destruction proliferation and terrorism. 

SUBTITLE B--PROLIFERATION SECURITY INITIATIVE 

SEC. 1821. Proliferation Security Initiative improvements and authorit

SEC. 1822. Authority to provide assistance to cooperative countries. 

SUBTITLE C--ASSISTANCE TO ACCELERATE PROGRAMS TO PREVENT 

OF MASS DESTRUCTION PROLIFERATION AND TERRORISM 

SEC. 1831. Statement of policy. 

SEC. 1832. Authorization of appropriations for the Department of Def

 Cooperative Threat Reduction Program. 

SEC. 1833. Authorization of appropriations for the Department of Ene

programs to prevent weapons of mass destruction prolifera

terrorism. 

SUBTITLE D--OFFICE OF THE UNITED STATES COORDINATOR FOR THE P

OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRO

SEC. 1841. Office of the United States Coordinator for the Prevention 

 Weapons of Mass Destruction Proliferation and Terrorism

SEC. 1842. Sense of Congress on United States-Russia cooperation an

 coordination on the prevention of weapons of mass destruc

 proliferation and terrorism. 

SUBTITLE E--COMMISSION ON THE PREVENTION OF WEAPONS 

MASS DESTRUCTION PROLIFERATION AND TERRORISM
 

SEC. 1851. Establishment of Commission on the Prevention of Weapo

 Destruction Proliferation and Terrorism. 

SEC. 1852. Purposes of Commission. 

SEC. 1853. Composition of Commission. 

SEC. 1854. Responsibilities of Commission. 

SEC. 1855. Powers of Commission. 

699
 
ANTITERRORISM TECHNOLOGIES 

SEC. 1901. Promoting antiterrorism capabilities through international 

 cooperation. 

SEC. 1902. Transparency of funds. 

TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTAT

SEC. 2001. Short title. 

SEC. 2002. Definition. 

SUBTITLE A--QUALITY EDUCATIONAL OPPORTUNITIES IN 

PREDOMINANTLY MUSLIM COUNTRIES. 

SEC. 2011. Findings; Policy. 

SEC. 2012. International Muslim Youth Opportunity Fund. 

SEC. 2013. Annual report to Congress. 

SEC. 2014. Extension of program to provide grants to American-spons

 schools in predominantly Muslim Countries to provide sch

SUBTITLE B--DEMOCRACY AND DEVELOPMENT 

IN THE BROADER MIDDLE EAST REGION 

SEC. 2021. Middle East Foundation. 

SUBTITLE C--REAFFIRMING UNITED STATES MORAL LEADER

SEC. 2031. Advancing United States interests through public diplomac

SEC. 2032. Oversight of international broadcasting. 

SEC. 2033. Expansion of United States scholarship, exchange, and libr

 programs in predominantly Muslim countries. 

SEC. 2034. United States policy toward detainees. 

SUBTITLE D--STRATEGY FOR THE UNITED STATES RELATIONSHI

AFGHANISTAN, PAKISTAN, AND SAUDI ARABIA 

SEC. 2041. Afghanistan. 

SEC. 2042. Pakistan. 

SEC. 2043. Saudi Arabia. 

TITLE XXI--ADVANCING DEMOCRATIC VALUES 

SEC. 2101. Short title. 

700
 
SEC. 2112. Democracy Fellowship Program. 

SEC. 2113. Investigations of violations of international humanitarian l

SUBTITLE B--STRATEGIES AND REPORTS ON HUMAN RIGHT

AND THE PROMOTION OF DEMOCRACY 

SEC. 2121. Strategies, priorities, and annual report. 

SEC. 2122. Translation of human rights reports. 

SUBTITLE C--ADVISORY COMMITTEE ON DEMOCRACY PROMO

AND THE INTERNET WEBSITE OF THE DEPARTMENT OF STAT

SEC. 2131. Advisory Committee on Democracy Promotion. 

SEC. 2132. Sense of Congress regarding the Internet website of the De

of State. 

SUBTITLE D--TRAINING IN DEMOCRACY AND HUMAN RIGHTS; INC

SEC. 2141. Training in democracy promotion and the protection of hu

SEC. 2142. Sense of Congress regarding ADVANCE Democracy Awa

SEC. 2143. Personnel policies at the Department of State. 

SUBTITLE E--COOPERATION WITH DEMOCRATIC COUNTRIE

SEC. 2151. Cooperation with democratic countries. 

SUBTITLE F--FUNDING FOR PROMOTION OF DEMOCRACY 

SEC. 2161. The United Nations Democracy Fund. 

SEC. 2162. United States democracy assistance programs. 

TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIO

SEC. 2201. Interoperable emergency communications. 

SEC. 2202. Clarification of congressional intent. 

SEC. 2203. Cross border interoperability reports. 

SEC. 2204. Extension of short quorum. 

SEC. 2205. Requiring reports to be submitted to certain committees. 

TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZAT

SEC. 2301. Short title. 

SEC. 2302. Funding for program. 

701
 
SEC. 2403. Requiring reports to be submitted to certain committees. 

SEC. 2404. Demonstration project. 

SEC. 2405. Under Secretary for Management of Department of Homel

 Security. 

TITLE V--IMPROVING INTELLIGENCE AND INFORMA

SHARING WITHIN THE FEDERAL GOVERNMENT AND 

STATE, LOCAL, AND TRIBAL GOVERNMENTS 

[Amendments omitted here – see the Intelligence Reform and Terroris

Prevention Act and Homeland Security Act in this book] 

TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIG

AVAILABILITY TO PUBLIC OF CERTAIN 

INTELLIGENCE FUNDING INFORMATION. 

SEC. 601. 

(a) Amounts Appropriated Each Fiscal Year- Not later than 3

the end of each fiscal year beginning with fiscal year 2007, th

of National Intelligence shall disclose to the public the aggreg

of funds appropriated by Congress for the National Intelligenc

for such fiscal year. 

(b) Waiver- Beginning with fiscal year 2009, the President ma

postpone the disclosure required by subsection (a) for any fisc

not later than 30 days after the end of such fiscal year, submit

Select Committee on Intelligence of the Senate and Permanen

Committee on Intelligence of the House of Representatives-- 

(1) a statement, in unclassified form, that the disclosu

in subsection (a) for that fiscal year would damage na

security; and 

(2) a statement detailing the reasons for the waiver or 

postponement, which may be submitted in classified f

(c) Definition- As used in this section, the term `National Inte

Program' has the meaning given the term in section 3(6) of th

Security Act of 1947 (50 U.S.C. 401a(6)). 

702
 
SEC. 603. 

(a) Findings- Congress makes the following findings: 

(1) The National Commission on Terrorist Attacks Upon the Unit

(referred to in this section as the `9/11 Commission') conducted a 

review of the facts and circumstances relating to the terrorist attac

September 11, 2001, including those relating to the intelligence co

law enforcement agencies, and the role of congressional oversight 

resource allocation. 

(2) In its final report, the 9/11 Commission found that-- 

(A) congressional oversight of the intelligence activities of th

States is dysfunctional; 

(B) under the rules of the Senate and the House of Representa

effect at the time the report was completed, the committees of 

charged with oversight of the intelligence activities lacked the 

influence, and sustained capability to meet the daunting challe

by the intelligence community of the United States; 

(C) as long as such oversight is governed by such rules of the 

the House of Representatives, the people of the United States 

the security they want and need; 

(D) a strong, stable, and capable congressional committee stru

needed to give the intelligence community of the United State

appropriate oversight, support, and leadership; and 

(E) the reforms recommended by the 9/11 Commission in its 

will not succeed if congressional oversight of the intelligence 

in the United States is not changed. 

(3) The 9/11 Commission recommended structural changes to Con

improve the oversight of intelligence activities. 

(4) Congress has enacted some of the recommendations made by 

Commission and is considering implementing additional recomm

the 9/11 Commission. 

(5) The Senate adopted Senate Resolution 445 in the 108th Congr

address some of the intelligence oversight recommendations of th

Commission by abolishing term limits for the members of the Sel

Committee on Intelligence, clarifying jurisdiction for intelligence

nominations, and streamlining procedures for the referral of intell

related legislation, but other aspects of the 9/11 Commission 

703
 
 

the 9/11 Commission with respect to intelligence reform and cong

intelligence oversight reform; 

(2) review and consider any other suggestions, options, or recomm

for improving intelligence oversight; and 

(3) not later than December 21, 2007, submit to the Senate a repor

includes the recommendations of the committees, if any, for carry

such reforms. 

SEC. 604. [Omitted.] 

AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPO

CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY REGARDI

TERRORIST ATTACKS OF SEPTEMBER 11, 2001.
 

SEC. 605. 

(a) Public Availability- Not later than 30 days after the date of the ena

this Act, the Director of the Central Intelligence Agency shall prepare 

available to the public a version of the Executive Summary of the repo

the `Office of Inspector General Report on Central Intelligence Agenc

Accountability Regarding Findings and Conclusions of the Joint Inqu

Intelligence Community Activities Before and After the Terrorist Atta

September 11, 2001' issued in June 2005 that is declassified to the ma

extent possible, consistent with national security. 

(b) Report to Congress- The Director of the Central Intelligence Agen

submit to Congress a classified annex to the redacted Executive Summ

available under subsection (a) that explains the reason that any redacte

in the Executive Summary was withheld from the public. 

TITLE VIII--PRIVACY AND CIVIL LIBERTIES 

MODIFICATION OF AUTHORITIES RELATING TO PRIVAC

AND CIVIL LIBERTIES OVERSIGHT BOARD. 

SEC. 801. 

(a) [Omitted. See the Intelligence Reform and Terrorism Prevention A

Homeland Security Act in this book] 

704
 
 

AND CIVIL LIBERTIES OVERSIGHT BOARD- 

(A) CONTINUATION OF SERVICE- Any individual wh

member of the Privacy and Civil Liberties Oversight Boa

date of enactment of this Act may continue to serve on th

until 180 days after the date of enactment of this Act. 

(B) TERMINATION OF TERMS- The term of any indiv

is a member of the Privacy and Civil Liberties Oversight 

the date of enactment of this Act shall terminate 180 days 

date of enactment of this Act. 

(2) APPOINTMENTS-

(A) IN GENERAL- The President and the Senate shall ta

actions as necessary for the President, by and with the adv

consent of the Senate, to appoint members to the Privacy 

Liberties Oversight Board as constituted under the amend

made by subsection (a) in a timely manner to provide for 

continuing operation of the Board and orderly implement

section. 

(B) DESIGNATIONS- In making the appointments descr

subparagraph (A) of the first members of the Privacy and 

Liberties Oversight Board as constituted under the amend

made by subsection (a), the President shall provide for the 

to serve terms of 2, 3, 4, 5, and 6 years beginning on the e

date described under subsection (d)(1), with the term of e

member to be designated by the President. 

(d) Effective Date-

(1) IN GENERAL- The amendments made by subsection (a) and 

(b) shall take effect 180 days after the date of enactment of this A

(2) TRANSITION PROVISIONS- Subsection (c) shall take effec

date of enactment of this Act. 

SEC. 802. [Omitted.] 

SEC. 803. [Omitted. See the Intelligence Reform and Terrorism Preve

and Homeland Security Act in this book] 

705
 
(1) DATA MINING- The term data mining means a program inv

pattern-based queries, searches, or other analyses of 1 or more ele

databases, where— 

(A) a department or agency of the Federal Government, or a n

entity acting on behalf of the Federal Government, is conduct

queries, searches, or other analyses to discover or locate a pre

pattern or anomaly indicative of terrorist or criminal activity o

of any individual or individuals; 

(B) the queries, searches, or other analyses are not subject-bas

not use personal identifiers of a specific individual, or inputs 

with a specific individual or group of individuals, to retrieve i

from the database or databases; and 

(C) the purpose of the queries, searches, or other analyses is n

(i) the detection of fraud, waste, or abuse in a Governmen

program; or 

(ii) the security of a Government computer system. 

(2) DATABASE- The term `database' does not include telephone 

news reporting, information publicly available to any member of t

without payment of a fee, or databases of judicial and administrat

opinions or other legal research sources. 

(c) Reports on Data Mining Activities by Federal Agencies-

(1) REQUIREMENT FOR REPORT- The head of each departme

agency of the Federal Government that is engaged in any activity 

develop data mining shall submit a report to Congress on all such 

of the department or agency under the jurisdiction of that official. 

shall be produced in coordination with the privacy officer of that d

or agency, if applicable, and shall be made available to the public

an annex described in subparagraph (C). 

(2) CONTENT OF REPORT- Each report submitted under subpa

shall include, for each activity to use or develop data mining, the f

information: 

(A) A thorough description of the data mining activity, its goa

where appropriate, the target dates for the deployment of the d

activity. 

706
 
activity in providing accurate information consistent with and 

the stated goals and plans for the use or development of the da

activity. 

(E) An assessment of the impact or likely impact of the imple

of the data mining activity on the privacy and civil liberties of 

individuals, including a thorough description of the actions th

taken or will be taken with regard to the property, privacy, or 

or privileges of any individual or individuals as a result of the 

implementation of the data mining activity. 

(F) A list and analysis of the laws and regulations that govern 

information being or to be collected, reviewed, gathered, anal

used in conjunction with the data mining activity, to the exten

in the context of the data mining activity. 

(G) A thorough discussion of the policies, procedures, and gu

that are in place or that are to be developed and applied in the 

data mining activity in order to— 

(i) protect the privacy and due process rights of individua

redress procedures; and 

(ii) ensure that only accurate and complete information is 

reviewed, gathered, analyzed, or used, and guard against 

consequences of potential inaccuracies. 

(3) ANNEX­

(A) IN GENERAL- A report under subparagraph (A) shall in

annex any necessary— 

(i) classified information; 

(ii) law enforcement sensitive information; 

(iii) proprietary business information; or 

(iv) trade secrets (as that term is defined in section 1839 o

United States Code). 

(B) AVAILABILITY- Any annex described in clause (i)-- 

(i) shall be available, as appropriate, and consistent with t

Security Act of 1947 (50 U.S.C. 401 et seq.), to the Comm

Homeland Security and Governmental Affairs, the Comm

Judiciary, the Select Committee on Intelligence, the Com

Appropriations, and the Committee on Banking, Housing

Affairs of the Senate and the Committee on Homeland Se

707
 
(A) submitted not later than 180 days after the date of enactm

Act; and 

(B) updated not less frequently than annually thereafter, to inc

activity to use or develop data mining engaged in after the dat

prior report submitted under subparagraph (A). 

708
 
 

 

By the authority vested in me as President by Sections 102 and 

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802 an

order to provide as set forth in that Act (this chapter) for the auth

electronic surveillance for foreign intelligence purposes, it is hereby 

follows: 

 1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence S

Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized 

electronic surveillance to acquire foreign intelligence information wit

order, but only if the Attorney General makes the certifications requ

Section. 

 1-102. Pursuant to Section 102(b) of the Foreign Intelligence Act 

U.S.C. 1802(b)), the Attorney General is authorized to approve app

the court having jurisdiction under Section 103 of that Act (50 U.S

obtain orders for electronic surveillance for the purpose of obtain

intelligence information. 

 1-103. Pursuant to Section 104(a)(6) of the Foreign Intelligence S

Act of 1978 (50 U.S.C. 1804(a)(6)), the following officials, each 

employed in the area of national security or defense, is designated 

certifications required by Section 104(a)(6) of the Act in support of 

to conduct electronic surveillance: 

(a) Secretary of State. 

 (b) Secretary of Defense. 

(c) Director of National Intelligence. 

 (d) Director of the Federal Bureau of Investigation. 

(e) Deputy Secretary of State. 

(f) Deputy Secretary of Defense. 

 (g) Director of the Central Intelligence Agency

 (h) Principal Deputy Director of National Intelligence; and 

(i) Deputy Director of of the Federal Bureau of Investigation. 

709
 
 

 

 

1-104. Section 2-202 of Executive Order No. 12036 (set out under 

of this title) is amended by inserting the following at the end of that se

electronic surveillance, as defined in the Foreign Intelligence Surveill

1978, shall be conducted in accordance with that Act as well as this O

1-105. Section 2-203 of Executive Order No. 12036 (set out under 

of this title) is amended by inserting the following at the end of that se

monitoring which constitutes electronic surveillance as defined in 

Intelligence Surveillance Act of 1978 shall be conducted in accordan

Act as well as this Order.''. 

-/S/- Jimmy Carter. 

THE WHITE HOUSE, 

May 23, 1979. 

710
 
 

PREAMBLE 

Timely, accurate, and insightful information about the activities, 

plans, and intentions of foreign powers, organizations, and person

agents, is essential to the national security of the United States. Al

and lawful means must be used to ensure that the United States will 

best intelligence possible. For that purpose, by virtue of the authori

me by the Constitution and the laws of the United States of Americ

the National Security Act of 1947, as amended, (Act) and as Pres

United States of America, in order to provide for the effective condu

States intelligence activities and the protection of constitutional 

hereby ordered as follows: 

PART 1 – GOALS, DIRECTIONS, DUTIES, AND RESPONSIB

WITH RESPECT TO UNITED STATES INTELLIGENCE EF

SECTION 1.1 GOALS. The United States intelligence effort shall 

President, the National Security Council, and the Homeland Secur

with the necessary information on which to base decisions con

development and conduct of foreign, defense, and economic polic

protection of United States national interests from foreign security 

departments and agencies shall cooperate fully to fulfill this goal. 

(a) All means, consistent with applicable Federal law and this order, a

consideration of the rights of United States persons, shall be use

reliable intelligence information to protect the United States and its in

(b) The United States Government has a solemn obligation, and shall 

the conduct of intelligence activities under this order, to protect ful

rights of all United States persons, including freedoms, civil liberties, 

rights guaranteed by Federal law. 

(c) Intelligence collection under this order should be guided by th

information to respond to intelligence priorities set by the President. 

(d) Special emphasis should be given to detecting and countering: 

(1) Espionage and other threats and activities directed by for

or their intelligence services against the United States and its 

(2) Threats to the United States and its interests from terrorism

(3) Threats to the United States and its interests from the d

possession, proliferation, or use of weapons of mass destructi

711 
 

 

 

defending the United States from terrorism and other threats to the U

and its interests. Our national intelligence effort should take into 

responsibilities and requirements of State, local, and tribal governm

appropriate, private sector entities, when undertaking the col

dissemination of information and intelligence to protect the United St

(g) All departments and agencies have a responsibility to prepare and 

intelligence in a manner that allows the full and free exchange of i

consistent with applicable law and presidential guidance. 

SEC. 1.2 THE NATIONAL SECURITY COUNCIL. 

(a) PURPOSE. The National Security Council (NSC) shall act as 

ranking executive branch entity that provides support to the Presiden

of, guidance for, and direction to the conduct of all foreign 

counterintelligence, and covert action, and attendant policies and prog

(b) COVERT ACTION AND OTHER SENSITIVE INTELLIGENCE OPERA

NSC shall consider and submit to the President a policy recom

including all dissents, on each proposed covert action and conduc

review of ongoing covert action activities, including an evalua

effectiveness and consistency with current national policy of such ac

consistency with applicable legal requirements. The NSC shall pe

other functions related to covert action as the President may direct, b

undertake the conduct of covert actions. The NSC shall also review p

other sensitive intelligence operations. 

SEC. 1.3 DIRECTOR OF NATIONAL INTELLIGENCE. Subject to th

direction, and control of the President, the Director of National 

(Director) shall serve as the head of the Intelligence Community

principal adviser to the President, to the NSC, and to the Homela

Council for intelligence matters related to national security, and shall 

direct the implementation of the National Intelligence Program and e

the National Intelligence Program budget. The Director will lead 

coordinated, and effective intelligence effort. In addition, the Direc

carrying out the duties and responsibilities under this section, take i

the views of the heads of departments containing an element of the 

Community and of the Director of the Central Intelligence Agency. 

712
 
and including information gathered within or outside the Un

pertains to more than one United States Government agency; 

(2) Shall develop guidelines for how information or int

provided to or accessed by the Intelligence Community in 

with section 1.5(a) of this order, and for how the info

intelligence may be used and shared by the Intelligence Com

guidelines developed in accordance with this section shall b

by the Attorney General and, where applicable, shall be con

guidelines issued pursuant to section 1016 of the Intelligence 

Terrorism Protection Act of 2004 (Public Law 108-458) (IRT

(b) In addition to fulfilling the obligations and responsibilities prescr

Act, the Director: 

(1) Shall establish objectives, priorities, and guidance for the 

Community to ensure timely and effective collection, 

analysis, and dissemination of intelligence, of whatever natu

whatever source derived; 

(2) May designate, in consultation with affected heads of dep

Intelligence Community elements, one or more Intelligence 

elements to develop and to maintain services of common 

behalf of the Intelligence Community if the Director deter

services can be more efficiently or effectively accomp

consolidated manner; 

(3) Shall oversee and provide advice to the President and th

respect to all ongoing and proposed covert action programs; 

(4) In regard to the establishment and conduct of 

arrangements and agreements with foreign governm

international organizations: 

(A) May enter into intelligence and counter

arrangements and agreements with foreign govern

international organizations; 

(B) Shall formulate policies concerning intell

counterintelligence arrangements and agreements w

governments and international organizations; and 

(C) Shall align and synchronize intellig

counterintelligence foreign relationships among the 

713
 
(6) Shall establish common security and access standards fo

and handling intelligence systems, information, and pro

special emphasis on facilitating: 

(A) The fullest and most prompt access to and disse

information and intelligence practicable, assigning 

priority to detecting, preventing, preempting, and 

terrorist threats and activities against the United 

interests, and allies; and 

(B) The establishment of standards for an in

information sharing enterprise that facilitates the 

intelligence information among elements of the 

Community; 

(7) Shall ensure that appropriate departments and agencies ha

intelligence and receive the support needed to perform 

analysis; 

(8) Shall protect, and ensure that programs are developed 

intelligence sources, methods, and activities from u

disclosure; 

(9) Shall, after consultation with the heads of affected depa

agencies, establish guidelines for Intelligence Community ele

(A) Classification and declassification of all intel

intelligence-related information classified under the 

the Director or the authority of the head of a de

Intelligence Community element; and 

(B) Access to and dissemination of all intell

intelligence-related information, both in its final form 

form when initially gathered, to include intelligenc

classified by the head of a department or 

Community element, except that access to and disse

information concerning United States persons shall b

by procedures developed in accordance with Part 2 of 

(10) May, only with respect to Intelligence Community ele

after consultation with the head of the originating 

Community element or the head of the originating 

declassify, or direct the declassification of, information or 

relating to intelligence sources, methods, and activities. T

714
 
positions. 

(A) Functional Managers shall report to the Director 

the execution of their duties as Functional Managers, 

charged with developing and implementing strategi

policies, and procedures for activities related to 

intelligence discipline or set of intelligence activities; 

and tradecraft standards; and ensure coordination 

across intelligence disciplines and Intelligence 

elements and with related non-intelligence activities

Managers may also advise the Director on: the man

resources; policies and procedures; collection capa

gaps; processing and dissemination of intelligenc

architectures; and other issues or activities determ

Director. 

(i) The Director of the National Security 

designated the Functional Manager f

intelligence; 

(ii) The Director of the Central Intelligence 

designated the Functional Manager f

intelligence; and 

(iii) The Director of the National Geospatial-

Agency is designated the Functional M

geospatial intelligence. 

(B) Mission Managers shall serve as principal 

advisors on all or specified aspects of intelligence 

designated countries, regions, topics, or functional iss

(13) Shall establish uniform criteria for the determination 

priorities for the transmission of critical foreign intelligence

the Secretary of Defense concerning the communications requ

the Intelligence Community for the transmission 

communications; 

(14) Shall have ultimate responsibility for production and di

of intelligence produced by the Intelligence Community and 

levy analytic tasks on intelligence production organizations 

Intelligence Community, in consultation with the hea

Intelligence Community elements concerned; 

715
 
executive branch departments, agencies, and offices, as appro

(16) Shall ensure the timely exploitation and disseminat

gathered by national intelligence collection means, and ens

resulting intelligence is disseminated immediately to 

government elements, including military commands; 

(17) Shall determine requirements and priorities for, and m

direct the tasking, collection, analysis, production, and dissem

national intelligence by elements of the Intelligence C

including approving requirements for collection and an

resolving conflicts in collection requirements and in the 

national collection assets of Intelligence Community eleme

when otherwise directed by the President or when the S

Defense exercises collection tasking authority under 

arrangements approved by the Secretary of Defense and the D

(18) May provide advisory tasking concerning collection and 

information or intelligence relevant to national intelligence 

security to departments, agencies, and establishments of 

States Government that are not elements of the Intelligence C

and shall establish procedures, in consultation with affecte

departments or agencies and subject to approval by the Attorn

to implement this authority and to monitor or evaluate the res

of United States Government departments, agencies, 

establishments; 

(19) Shall fulfill the responsibilities in section 1.3(b)(17) and 

order, consistent with applicable law and with full consider

rights of United States persons, whether information is to b

inside or outside the United States; 

(20) Shall ensure, through appropriate policies and proc

deconfliction, coordination, and integration of all intelligen

conducted by an Intelligence Community element or fun

National Intelligence Program. In accordance with these p

procedures: 

(A) The Director of the Federal Bureau of Investi

coordinate the clandestine collection of foreign 

collected through human sources or through hum

means and counterintelligence activities inside the Un

716
 
counterintelligence activities and the clandestine c

foreign intelligence inside the United States shall b

the approval of the Attorney General; and 

(D) All policies and procedures developed under 

shall be coordinated with the heads of affected depa

Intelligence Community elements; 

(21) Shall, with the concurrence of the heads of affected depa

agencies, establish joint procedures to deconflict, coor

synchronize intelligence activities conducted by an 

Community element or funded by the National Intelligenc

with intelligence activities, activities that involve foreign inte

security services, or activities that involve the use of 

methods, conducted by other United States Government d

agencies, and establishments; 

(22) Shall, in coordination with the heads of departments 

elements of the Intelligence Community, develop procedure

major system acquisitions funded in whole or in majority 

National Intelligence Program; 

(23) Shall seek advice from the Secretary of State to ensu

foreign policy implications of proposed intelligence ac

considered, and shall ensure, through appropriate po

procedures, that intelligence activities are conducted in 

consistent with the responsibilities pursuant to law and 

direction of Chiefs of United States Missions; and 

(24) Shall facilitate the use of Intelligence Community prod

Congress in a secure manner. 

(c) The Director's exercise of authorities in the Act and this ord

abrogate the statutory or other responsibilities of the heads of departm

United States Government or the Director of the Central Intelligen

Directives issued and actions taken by the Director in the exer

Director's authorities and responsibilities to integrate, coordinate, an

Intelligence Community more effective in providing intelligence 

national security shall be implemented by the elements of the 

Community, provided that any department head whose department 

element of the Intelligence Community and who believes that a 

action of the Director violates the requirements of section 1018 of th

717
 
selection of: the Director of the National Security Agency, 

of the National Reconnaissance Office, the Director of t

Geospatial-Intelligence Agency, the Under Secretary of 

Security for Intelligence and Analysis, the Assistant Secret

for Intelligence and Research, the Director of the Office of 

and Counterintelligence of the Department of Energy, th

Secretary for Intelligence and Analysis of the Departm

Treasury, and the Executive Assistant Director for the Natio

Branch of the Federal Bureau of Investigation. If the Direct

concur in the recommendation, the department head may 

vacancy or make the recommendation to the President, as th

be. If the department head and the Director do not reach an ag

the selection or recommendation, the Director and the depa

concerned may advise the President directly of the Director's 

withhold concurrence. 

(2) The relevant department head shall consult with the Dir

appointing an individual to fill a vacancy or recommen

President an individual be nominated to fill a vacancy in 

following positions: the Under Secretary of Defense for Intel

Director of the Defense Intelligence Agency; uniformed h

intelligence elements of the Army, the Navy, the Air For

Marine Corps above the rank of Major General or Rear A

Assistant Commandant of the Coast Guard for Intelligen

Assistant Attorney General for National Security. 

(e) Removal from certain positions. 

(1) Except for the Director of the Central Intelligence Age

removal the Director may recommend to the President, the D

the relevant department head shall consult on the r

recommendation to the President for removal, as the case ma

Director of the National Security Agency, the Director of t

Geospatial-Intelligence Agency, the Director of the Defense 

Agency, the Under Secretary of Homeland Security for Intel

Analysis, the Assistant Secretary of State for Intelligence an

and the Assistant Secretary for Intelligence and Analy

Department of the Treasury. If the Director and the departm

718
 
 

Energy, the Director of the National Reconnaissance 

Assistant Commandant of the Coast Guard for Intelligen

Under Secretary of Defense for Intelligence. With res

individual appointed by a department head, the departmen

remove the individual upon the request of the Director; if the 

head chooses not to remove the individual, either the Dire

department head may advise the President of the departm

intention to retain the individual. In the case of the Under S

Defense for Intelligence, the Secretary of Defense may rec

the President either the removal or the retention of the ind

uniformed heads of the intelligence elements of the Army, th

Air Force, and the Marine Corps, the Director ma

recommendation for removal to the Secretary of Defense. 

(3) Nothing in this subsection shall be construed to limit o

affect the authority of the President to nominate, appoint

terminate the appointment or assignment of any individu

without a consultation, recommendation, or concurrence. 

SEC. 1.4 THE INTELLIGENCE COMMUNITY. Consistent with applica

law and with the other provisions of this order, and under the leade

Director, as specified in such law and this order, the Intelligence 

shall: 

(a) Collect and provide information needed by the President a

performance of executive functions, the Vice President, the NSC, th

Security Council, the Chairman of the Joint Chiefs of Staff, sen

commanders, and other executive branch officials and, as appr

Congress of the United States; 

(b) In accordance with priorities set by the President, collect 

concerning, and conduct activities to protect against, internationa

proliferation of weapons of mass destruction, intelligence activit

against the United States, international criminal drug activities, and o

activities directed against the United States by foreign powers, or

persons, and their agents; 

(c) Analyze, produce, and disseminate intelligence; 

(d) Conduct administrative, technical, and other support activities 

United States and abroad necessary for the performance of authorize

719
 
 

 

 

property, and employees by appropriate means, including such inves

applicants, employees, contractors, and other persons with similar 

with the Intelligence Community elements as are necessary; 

(g) Take into account State, local, and tribal governments' and, as 

private sector entities' information needs relating to national and 

security; 

(h) Deconflict, coordinate, and integrate all intelligence activities 

information gathering in accordance with section 1.3(b)(20) of this or

(i) Perform such other functions and duties related to intelligence acti

President may direct. 

SEC. 1.5 DUTIES AND RESPONSIBILITIES OF THE HEADS OF EXECUTI

DEPARTMENTS AND AGENCIES. The heads of all departments and age

(a) Provide the Director access to all information and intelligence rel

national security or that otherwise is required for the performa

Director's duties, to include administrative and other appropriate m

information, except such information excluded by law, by the Preside

Attorney General acting under this order at the direction of the Presid

(b) Provide all programmatic and budgetary information necessary to 

Director in developing the National Intelligence Program; 

(c) Coordinate development and implementation of intelligence s

architectures and, as appropriate, operational systems and architectu

departments, agencies, and other elements with the Director to 

national intelligence requirements and all applicable information 

security guidelines, information privacy, and other legal requirements

(d) Provide, to the maximum extent permitted by law, subject to the 

of appropriations and not inconsistent with the mission of the de

agency, such further support to the Director as the Director may re

consultation with the head of the department or agency, for the perf

the Director's functions; 

(e) Respond to advisory tasking from the Director under section 1.3(b

order to the greatest extent possible, in accordance with applica

established by the head of the responding department or agency; 

(f) Ensure that all elements within the department or agency comp

provisions of Part 2 of this order, regardless of Intelligence 

720
 
 

Investigation, and the Director of clandestine collection of foreign 

and counterintelligence activities inside the United States not coord

the Federal Bureau of Investigation; 

(i) Pursuant to arrangements developed by the head of the departmen

and the Director of the Central Intelligence Agency and appro

Director, inform the Director and the Director of the Central Intelligen

either directly or through his designee serving outside the United 

appropriate, of clandestine collection of foreign intelligence collec

human sources or through human-enabled means outside the United 

has not been coordinated with the Central Intelligence Agency; and 

(j) Inform the Secretary of Defense, either directly or through his d

appropriate, of clandestine collection of foreign intelligence outside 

States in a region of combat or contingency military operations desig

Secretary of Defense, for purposes of this paragraph, after consultati

Director of National Intelligence. 

SEC. 1.6 HEADS OF ELEMENTS OF THE INTELLIGENCE COMMUNITY. T

elements of the Intelligence Community shall: 

(a) Provide the Director access to all information and intelligence rel

national security or that otherwise is required for the performa

Director's duties, to include administrative and other appropriate m

information, except such information excluded by law, by the Preside

Attorney General acting under this order at the direction of the Presid

(b) Report to the Attorney General possible violations of Federal cr

by employees and of specified Federal criminal laws by any othe

provided in procedures agreed upon by the Attorney General and the 

department, agency, or establishment concerned, in a manner consist

protection of intelligence sources and methods, as specified in those p

(c) Report to the Intelligence Oversight Board, consistent with Exec

13462 of February 29, 2008, and provide copies of all such rep

Director, concerning any intelligence activities of their elements tha

reason to believe may be unlawful or contrary to executive order or 

directive; 

(d) Protect intelligence and intelligence sources, methods, and act

unauthorized disclosure in accordance with guidance from the Directo

721
 
 

 

(g) Participate in the development of procedures approved by th

General governing production and dissemination of information or 

resulting from criminal drug intelligence activities abroad if 

intelligence responsibilities for foreign or domestic criminal drug pro

trafficking; and 

(h) Ensure that the inspectors general, general counsels, and agen

responsible for privacy or civil liberties protection for their 

organizations have access to any information or intelligence necessary 

their official duties. 

SEC. 1.7 INTELLIGENCE COMMUNITY ELEMENTS. Each eleme

Intelligence Community shall have the duties and responsibilitie

below, in addition to those specified by law or elsewhere in 

Intelligence Community elements within executive departments sha

information and intelligence needs of their respective heads of depa

also shall operate as part of an integrated Intelligence Community, as 

law or this order. 

(a) THE CENTRAL INTELLIGENCE AGENCY. The Director of 

Intelligence Agency shall: 

(1) Collect (including through clandestine means), analyze, p

disseminate foreign intelligence and counterintelligence; 

(2) Conduct counterintelligence activities without as

performing any internal security functions within the United S

(3) Conduct administrative and technical support activities 

outside the United States as necessary for cover and 

arrangements; 

(4) Conduct covert action activities approved by the Pr

agency except the Central Intelligence Agency (or the Arme

the United States in time of war declared by the Congress or 

period covered by a report from the President to the Congres

with the War Powers Resolution, Public Law 93-148) may c

covert action activity unless the President determines that ano

is more likely to achieve a particular objective; 

(5) Conduct foreign intelligence liaison relationships with int

security services of foreign governments or international o

consistent with section 1.3(b)(4) of this order; 

722
 
 

 

Director may direct. 

(b) THE DEFENSE INTELLIGENCE AGENCY. The Director of 

Intelligence Agency shall: 

(1) Collect (including through clandestine means), analyze, p

disseminate foreign intelligence and counterintelligence 

national and departmental missions; 

(2) Collect, analyze, produce, or, through tasking and c

provide defense and defense-related intelligence for the S

Defense, the Chairman of the Joint Chiefs of Staff, 

commanders, other Defense components, and non-Defense ag

(3) Conduct counterintelligence activities; 

(4) Conduct administrative and technical support activities 

outside the United States as necessary for cover and 

arrangements; 

(5) Conduct foreign defense intelligence liaison relationships 

intelligence exchange programs with foreign defense esta

intelligence or security services of foreign governm

international organizations in accordance with sections 

1.7(a)(6), and 1.10(i) of this order; 

(6) Manage and coordinate all matters related to the Defe

system; and 

(7) Provide foreign intelligence and counterintelligence staf

directed by the Secretary of Defense. 

(c) THE NATIONAL SECURITY AGENCY. The Director of th

Security Agency shall: 

(1) Collect (including through clandestine means), proce

produce, and disseminate signals intelligence information a

foreign intelligence and counterintelligence purposes to supp

and departmental missions; 

(2) Establish and operate an effective unified organization 

intelligence activities, except for the delegation of operatio

over certain operations that are conducted through other elem

Intelligence Community. No other department or agency ma

signals intelligence activities except pursuant to a delega

Secretary of Defense, after coordination with the Director; 

723
 
 

(5) Provide signals intelligence support for national and d

requirements and for the conduct of military operations; 

(6) Act as the National Manager for National Security 

established in law and policy, and in this capacity be respon

Secretary of Defense and to the Director; 

(7) Prescribe, consistent with section 102A(g) of the Act, wit

of authorized operations, security regulations covering 

practices, including the transmission, handling, and dist

signals intelligence and communications security material 

among the elements under control of the Director of th

Security Agency, and exercise the necessary supervisory 

ensure compliance with the regulations; and 

(8) Conduct foreign cryptologic liaison relationships in acco

sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order. 

(d) THE NATIONAL RECONNAISSANCE OFFICE. The Dire

National Reconnaissance Office shall: 

(1) Be responsible for research and development, acquisit

deployment, and operation of overhead systems and r

processing facilities to collect intelligence and information 

national and departmental missions and other United States G

needs; and 

(2) Conduct foreign liaison relationships relating to the abov

in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of 

(e) THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY. T

of the National Geospatial-Intelligence Agency shall: 

(1) Collect, process, analyze, produce, and disseminate 

intelligence information and data for foreign intelli

counterintelligence purposes to support national and d

missions; 

(2) Provide geospatial intelligence support for national and d

requirements and for the conduct of military operations; 

(3) Conduct administrative and technical support activities 

outside the United States as necessary for cover arrangements

(4) Conduct foreign geospatial intelligence liaison relati

accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of th

724
 
counterintelligence to support departmental requirement

appropriate, national requirements; 

(2) Conduct counterintelligence activities; 

(3) Monitor the development, procurement, and managemen

intelligence systems and equipment and conduct relate

development, and test and evaluation activities; and 

(4) Conduct military intelligence liaison relationships a

intelligence exchange programs with selected cooperat

defense establishments and international organizations in 

with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order. 

(g) INTELLIGENCE ELEMENTS OF THE FEDERAL BU

INVESTIGATION. Under the supervision of the Attorney General a

to such regulations as the Attorney General may establish, the 

elements of the Federal Bureau of Investigation shall: 

(1) Collect (including through clandestine means), analyze, p

disseminate foreign intelligence and counterintelligence 

national and departmental missions, in accordance with 

guidelines approved by the Attorney General, after consultat

Director; 

(2) Conduct counterintelligence activities; and 

(3) Conduct foreign intelligence and counterintelligen

relationships with intelligence, security, and law enforcemen

foreign governments or international organizations in acco

sections 1.3(b)(4) and 1.7(a)(6) of this order. 

(h) THE INTELLIGENCE AND COUNTERINTELLIGENCE ELEM

THE COAST GUARD. The Commandant of the Coast Guard shall: 

(1) Collect (including through clandestine means), analyze, p

disseminate foreign intelligence and counterintelligence 

defense and defense-related information and intelligence 

national and departmental missions; 

(2) Conduct counterintelligence activities; 

(3) Monitor the development, procurement, and managemen

intelligence systems and equipment and conduct relate

development, and test and evaluation activities; and 

(4) Conduct foreign intelligence liaison relationships and 

exchange programs with foreign intelligence services, secur

725
 
 

 

SECURITY INTELLIGENCE, DRUG ENFORCEMENT ADMINIS

THE OFFICE OF INTELLIGENCE AND ANALYSIS, DEPART

HOMELAND SECURITY; AND THE OFFICE OF INTELLIGE

COUNTERINTELLIGENCE, DEPARTMENT OF ENERGY. The h

Bureau of Intelligence and Research, Department of State; the 

Intelligence and Analysis, Department of the Treasury; the Office 

Security Intelligence, Drug Enforcement Administration; the 

Intelligence and Analysis, Department of Homeland Security; and th

Intelligence and Counterintelligence, Department of Energy shall: 

(1) Collect (overtly or through publicly available source

produce, and disseminate information, intellige

counterintelligence to support national and departmental miss

(2) Conduct and participate in analytic or information exch

foreign partners and international organizations in accor

sections 1.3(b)(4) and 1.7(a)(6) of this order. 

(j) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIG

Director shall collect (overtly or through publicly available source

produce, and disseminate information, intelligence, and counterint

support the missions of the Office of the Director of National I

including the National Counterterrorism Center, and to support oth

missions. 

SEC. 1.8 THE DEPARTMENT OF STATE. In addition to the authorities e

the Bureau of Intelligence and Research under sections 1.4 and 1

order, the Secretary of State shall: 

(a) Collect (overtly or through publicly available sources) information 

United States foreign policy and national security concerns; 

(b) Disseminate, to the maximum extent possible, reports received f

States diplomatic and consular posts; 

(c) Transmit reporting requirements and advisory taskings of the 

Community to the Chiefs of United States Missions abroad; and 

(d) Support Chiefs of United States Missions in discharging their res

pursuant to law and presidential direction. 

SEC. 1.9 THE DEPARTMENT OF THE TREASURY. In addition to the 

exercised by the Office of Intelligence and Analysis of the Depart

726
 
 

 

(a) Collect (including through clandestine means), analyze, pr

disseminate information and intelligence and be responsive to collec

and advisory tasking by the Director; 

(b) Collect (including through clandestine means), analyze, pr

disseminate defense and defense-related intelligence and counterinte

required for execution of the Secretary's responsibilities; 

(c) Conduct programs and missions necessary to fulfill national, de

and tactical intelligence requirements; 

(d) Conduct counterintelligence activities in support of Department 

components and coordinate counterintelligence activities in accor

section 1.3(b)(20) and (21) of this order; 

(e) Act, in coordination with the Director, as the executive agent of 

States Government for signals intelligence activities; 

(f) Provide for the timely transmission of critical intelligence, as def

Director, within the United States Government; 

(g) Carry out or contract for research, development, and procurement 

systems and devices relating to authorized intelligence functions; 

(h) Protect the security of Department of Defense installations

information, property, and employees by appropriate means, incl

investigations of applicants, employees, contractors, and other p

similar associations with the Department of Defense as are necessary; 

(i) Establish and maintain defense intelligence relationships a

intelligence exchange programs with selected cooperative forei

establishments, intelligence or security services of foreign govern

international organizations, and ensure that such relationships and p

in accordance with sections 1.3(b)(4), 1.3(b)(21) and 1.7(a)(6) of this 

(j) Conduct such administrative and technical support activities 

outside the United States as are necessary to provide for cover and 

arrangements, to perform the functions described in sections (a) thoug

and to support the Intelligence Community elements of the Dep

Defense; and 

(k) Use the Intelligence Community elements within the Department 

identified in section 1.7(b) through (f) and, when the Coast Guard is 

part of the Department of Defense, (h) above to carry out the S

Defense's responsibilities assigned in this section or other departmen

727
 
 

 

 

Secretary of Homeland Security shall conduct, through the United S

Service, activities to determine the existence and capability of 

equipment being used against the President or the Vice President of 

States, the Executive Office of the President, and, as authorized by th

of Homeland Security or the President, other Secret Service pro

United States officials. No information shall be acquired intentiona

such activities except to protect against use of such surveillance equ

those activities shall be conducted pursuant to procedures agreed u

Secretary of Homeland Security and the Attorney General. 

SEC. 1.12 The Department of Energy. In addition to the authorities e

the Office of Intelligence and Counterintelligence of the Departmen

under sections 1.4 and 1.7(i) of this order, the Secretary of Energy sha

(a) Provide expert scientific, technical, analytic, and research capabili

agencies within the Intelligence Community, as appropriate; 

(b) Participate in formulating intelligence collection and analysis r

where the special expert capability of the Department can contribute; 

(c) Participate with the Department of State in overtly collecting 

with respect to foreign energy matters. 

SEC. 1.13 THE FEDERAL BUREAU OF INVESTIGATION. In addi

authorities exercised by the intelligence elements of the Federal 

Investigation of the Department of Justice under sections 1.4 and 1

order and under the supervision of the Attorney General and pursu

regulations as the Attorney General may establish, the Director of 

Bureau of Investigation shall provide technical assistance, within or 

United States, to foreign intelligence and law enforcement services

with section 1.3(b)(20) and (21) of this order, as may be necessary 

national or departmental missions. 

PART 2 – CONDUCT OF INTELLIGENCE ACTIVITIE

SECTION. 2.1 NEED. Timely, accurate, and insightful information 

activities, capabilities, plans, and intentions of foreign powers, organi

persons, and their agents, is essential to informed decisionmaking in 

national security, national defense, and foreign relations. Collecti

728
 
 

significant foreign intelligence, as well as the detection and co

international terrorist activities, the spread of weapons of mass dest

espionage conducted by foreign powers. Set forth below are cert

principles that, in addition to and consistent with applicable laws, are 

achieve the proper balance between the acquisition of essential info

protection of individual interests. Nothing in this Order shall be c

apply to or interfere with any authorized civil or criminal law e

responsibility of any department or agency. 

SEC. 2.3 COLLECTION OF INFORMATION. Elements of the Intelligence 

are authorized to collect, retain, or disseminate information concer

States persons only in accordance with procedures established by the 

Intelligence Community element concerned or by the head of a 

containing such element and approved by the Attorney General, con

the authorities provided by Part 1 of this Order, after consultatio

Director. Those procedures shall permit collection, retention, and di

of the following types of information: 

(a) Information that is publicly available or collected with the con

person concerned; 

(b) Information constituting foreign intelligence or counterintelligenc

such information concerning corporations or other commercial or

Collection within the United States of foreign intelligence no

obtainable shall be undertaken by the Federal Bureau of Investigatio

when significant foreign intelligence is sought, by other authorized 

the Intelligence Community, provided that no foreign intelligence c

such elements may be undertaken for the purpose of acquiring 

concerning the domestic activities of United States persons; 

(c) Information obtained in the course of a lawful foreign 

counterintelligence, international drug or international terrorism inves

(d) Information needed to protect the safety of any persons or or

including those who are targets, victims, or hostages of internatio

organizations; 

(e) Information needed to protect foreign intelligence or counter

sources, methods, and activities from unauthorized disclosure. Colle

the United States shall be undertaken by the FBI except that other ele

Intelligence Community may also collect such information concernin

729
 
 

(h) Information acquired by overhead reconnaissance not directed 

United States persons; 

(i) Incidentally obtained information that may indicate involvement 

that may violate Federal, state, local, or foreign laws; and 

(j) Information necessary for administrative purposes. 

In addition, elements of the Intelligence Community may 

information to each appropriate element within the Intelligence Com

purposes of allowing the recipient element to determine whether the 

is relevant to its responsibilities and can be retained by it, except that 

derived from signals intelligence may only be disseminated or made 

Intelligence Community elements in accordance with procedures est

the Director in coordination with the Secretary of Defense and appr

Attorney General. 

SEC. 2.4 COLLECTION TECHNIQUES. Elements of the Intelligence 

shall use the least intrusive collection techniques feasible within 

States or directed against United States persons abroad. Eleme

Intelligence Community are not authorized to use such techniques a

surveillance, unconsented physical searches, mail surveillance

surveillance, or monitoring devices unless they are in accor

procedures established by the head of the Intelligence Commun

concerned or the head of a department containing such element and a

the Attorney General, after consultation with the Director. Such proc

protect constitutional and other legal rights and limit use of such inf

lawful governmental purposes. These procedures shall not authorize: 

(a) The Central Intelligence Agency (CIA) to engage in electronic 

within the United States except for the purpose of training, testing, or 

countermeasures to hostile electronic surveillance; 

(b) Unconsented physical searches in the United States by elem

Intelligence Community other than the FBI, except for: 

(1) Searches by counterintelligence elements of the milita

directed against military personnel within the United States o

intelligence purposes, when authorized by a military 

empowered to approve physical searches for law enforceme

730
 
 

 

 

(1) Physical surveillance of present or former employees, 

former intelligence element contractors or their present 

employees, or applicants for any such employment or contrac

(2) Physical surveillance of a military person employed 

intelligence element of a military service; and 

(d) Physical surveillance of a United States person abroad to col

intelligence, except to obtain significant information that cannot re

acquired by other means. 

SEC. 2.5 ATTORNEY GENERAL APPROVAL. The Attorney Genera

delegated the power to approve the use for intelligence purposes, 

United States or against a United States person abroad, of any te

which a warrant would be required if undertaken for law enforceme

provided that such techniques shall not be undertaken unless th

General has determined in each case that there is probable cause to 

the technique is directed against a foreign power or an agent of a for

The authority delegated pursuant to this paragraph, including the 

approve the use of electronic surveillance as defined in the Foreign 

Surveillance Act of 1978, as amended, shall be exercised in accordan

Act. 

SEC. 2.6 ASSISTANCE TO LAW ENFORCEMENT AND OTHER CIVIL AU

Elements of the Intelligence Community are authorized to: 

(a) Cooperate with appropriate law enforcement agencies for the 

protecting the employees, information, property, and facilities of any 

the Intelligence Community; 

(b) Unless otherwise precluded by law or this Order, particip

enforcement activities to investigate or prevent clandestine intelligen

by foreign powers, or international terrorist or narcotics activities; 

(c) Provide specialized equipment, technical knowledge, or assistan

personnel for use by any department or agency, or when lives are end

support local law enforcement agencies. Provision of assistance 

personnel shall be approved in each case by the general counsel of th

element or department; and 

(d) Render any other assistance and cooperation to law enforcement o

authorities not precluded by applicable law. 

731
 
 

 

 

 

 

SEC. 2.8 CONSISTENCY WITH OTHER LAWS. Nothing in this Ord

construed to authorize any activity in violation of the Constitution o

the United States. 

SEC. 2.9 UNDISCLOSED PARTICIPATION IN ORGANIZATIONS WITHIN T

STATES. No one acting on behalf of elements of the Intelligence Com

join or otherwise participate in any organization in the United States 

any element of the Intelligence Community without disclosing su

intelligence affiliation to appropriate officials of the organization

accordance with procedures established by the head of the 

Community element concerned or the head of a department cont

element and approved by the Attorney General, after consultatio

Director. Such participation shall be authorized only if it is essential t

lawful purposes as determined by the Intelligence Community elem

designee. No such participation may be undertaken for the purpose of 

the activity of the organization or its members except in cases where: 

(a) The participation is undertaken on behalf of the FBI in the course 

investigation; or 

(b) The organization concerned is composed primarily of individuals 

United States persons and is reasonably believed to be acting on 

foreign power. 

SEC. 2.10 HUMAN EXPERIMENTATION. No element of the 

Community shall sponsor, contract for, or conduct research on hum

except in accordance with guidelines issued by the Department of 

Human Services. The subject's informed consent shall be documented 

by those guidelines. 

SEC. 2.11 PROHIBITION ON ASSASSINATION. No person employed by 

behalf of the United States Government shall engage in or conspire t

assassination. 

SEC. 2.12 INDIRECT PARTICIPATION. No element of the Intelligence 

shall participate in or request any person to undertake activities forbid

Order. 

732
 
 

SECTION. 3.1 CONGRESSIONAL OVERSIGHT. The duties and responsib

Director and the heads of other departments, agencies, elements, 

engaged in intelligence activities to cooperate with the Congress in 

of its responsibilities for oversight of intelligence activities shall be im

in accordance with applicable law, including title V of the Act. The r

of applicable law, including title V of the Act, shall apply to all c

activities as defined in this Order. 

SEC. 3.2 IMPLEMENTATION. The President, supported by the NS

Director shall issue such appropriate directives, procedures, and guid

necessary to implement this order. Heads of elements within the 

Community shall issue appropriate procedures and supplementary 

consistent with this order. No procedures to implement Part 2 

of this order shall be issued without the Attorney General's app

consultation with the Director. The Attorney General shall provide a 

reasons for not approving any procedures established by the head of 

in the Intelligence Community (or the head of the department cont

element) other than the FBI. In instances where the element head or 

head and the Attorney General are unable to reach agreements on 

constitutional or other legal grounds, the Attorney General, th

department concerned, or the Director shall refer the matter to the NS

SEC. 3.3 PROCEDURES. The activities herein authorized that require 

shall be conducted in accordance with existing procedures or r

established under Executive Order 12333. New procedures, as 

Executive Order 12333, as further amended, shall be established as ex

as possible. All new procedures promulgated pursuant to Executive O

as amended, shall be made available to the Select Committee on Int

the Senate and the Permanent Select Committee on Intelligence of th

Representatives. 

SEC. 3.4 REFERENCES AND TRANSITION. References to "Senior Off

Intelligence Community" or "SOICs" in executive orders or other 

guidance, shall be deemed references to the heads of elements in the 

Community, unless the President otherwise directs; references in 

Community or Intelligence Community element policies or guidan

733
 
identify, deceive, exploit, disrupt, or protect against espionage, other 

activities, sabotage, or assassinations conducted for or on behalf 

powers, organizations, or persons, or their agents, or internation

organizations or activities. 

(b) Covert action means an activity or activities of the United States G

to influence political, economic, or military conditions abroad, 

intended that the role of the United States Government will not be 

acknowledged publicly, but does not include: 

(1) Activities the primary purpose of which is to acquire 

traditional counterintelligence activities, traditional activities 

or maintain the operational security of United States G

programs, or administrative activities; 

(2) Traditional diplomatic or military activities or routine sup

activities; 

(3) Traditional law enforcement activities conducted by U

Government law enforcement agencies or routine suppo

activities; or 

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

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

Government agencies abroad. 

(c) Electronic surveillance means acquisition of a nonpublic commu

electronic means without the consent of a person who is a party to a

communication or, in the case of a nonelectronic communication, 

consent of a person who is visibly present at the place of communica

including the use of radio direction-finding equipment solely to de

location of a transmitter. 

(d) Employee means a person employed by, assigned or detailed to, o

an element within the Intelligence Community. 

(e) Foreign intelligence means information relating to the capabilities

or activities of foreign governments or elements thereof, foreign or

foreign persons, or international terrorists. 

(f) Intelligence includes foreign intelligence and counterintelligence. 

(g) Intelligence activities means all activities that elements of the 

Community are authorized to conduct pursuant to this order. 

(h) Intelligence Community and elements of the Intelligence Comm

to: 

734
 
 

(7) The other offices within the Department of Defense for th

of specialized national foreign intelligence through rec

programs; 

(8) The intelligence and counterintelligence elements of the 

Navy, the Air Force, and the Marine Corps; 

(9) The intelligence elements of the Federal Bureau of Investi

(10) The Office of National Security Intelligence of 

Enforcement Administration; 

(11) The Office of Intelligence and Counterintelligen

Department of Energy; 

(12) The Bureau of Intelligence and Research of the Departm

(13) The Office of Intelligence and Analysis of the Depart

Treasury; 

(14) The Office of Intelligence and Analysis of the Dep

Homeland Security; 

(15) The intelligence and counterintelligence elements of 

Guard; and 

(16) Such other elements of any department or agency 

designated by the President, or designated jointly by the Dire

head of the department or agency concerned, as an elem

Intelligence Community. 

(i) National Intelligence and Intelligence Related to National Securit

intelligence, regardless of the source from which derived and 

information gathered within or outside the United States, that 

determined consistent with any guidance issued by the President

determined for the purpose of access to information by the 

accordance with section 1.3(a)(1) of this order, to pertain to mor

United States Government agency; and that involves threats to the Un

its people, property, or interests; the development, proliferation, 

weapons of mass destruction; or any other matter bearing on U

national or homeland security. 

(j) The National Intelligence Program means all programs, projects, a

of the Intelligence Community, as well as any other programs of the 

Community designated jointly by the Director and the head of a U

department or agency or by the President. Such term does not includ

projects, or activities of the military departments to acquire intelligenc

735
 
 

except for a corporation directed and controlled by a foreign gov

governments. 

SEC. 3.6 REVOCATION. Executive Orders 13354 and 13355 of Augu

are revoked; and paragraphs 1.3(b)(9) and (10) of Part 1 supersede 

within Executive Order 12958, as amended, to the extent such p

Executive Order 12958, as amended, are inconsistent with this Order. 

SEC. 3.7 GENERAL PROVISIONS. 

(a) Consistent with section 1.3(c) of this order, nothing in this ord

construed to impair or otherwise affect: 

(1) Authority granted by law to a department or agency, 

thereof; or 

(2) Functions of the Director of the Office of Management 

relating to budget, administrative, or legislative proposals. 

(b) This order shall be implemented consistent with applicable law an

the availability of appropriations. 

(c) This order is intended only to improve the internal managem

executive branch and is not intended to, and does not, create any righ

substantive or procedural, enforceable at law or in equity, by any p

the United States, its departments, agencies or entities, its officers, em

agents, or any other person. 

/s/ Ronald Reagan 

THE WHITE HOUSE 

December 4, 1981 

736
 
 

By the authority vested in me as President by the Constitution and the 

United States, including sections 302 and 303 of the Foreign 

Surveillance Act of 1978 (‘‘Act’’) (50 U.S.C. 1801, et seq.), as a

Public Law 103–359, and in order to provide for the authorization 

searches for foreign intelligence purposes as set forth in the Act, 

ordered as follows: 

Section 1. Pursuant to section 302(a)(1) of the Act, the Attorney 

authorized to approve physical searches, without a court order, to acq

intelligence information for periods of up to one year, if the Attorn

makes the certifications required by that section. 

Sec. 2. Pursuant to section 302(b) of the Act, the Attorney General i

to approve applications to the Foreign Intelligence Surveillance C

section 303 of the Act to obtain orders for physical searches for the 

collecting foreign intelligence information. 

Sec. 3. Pursuant to section 303(a)(6) of the Act, the following offici

whom is employed in the area of national security or defense, is d

make the certifications required by section 303(a)(6) of the Act in 

applications to conduct physical searches: 

(a) Secretary of State; 

(b) Secretary of Defense; 

(c) Director of National Intelligence; 

(d) Director of the Federal Bureau of Investigation; 

(e) Deputy Secretary of State; 

(f) Deputy Secretary of Defense; 

(g) Director of the Central Intelligence Agency 

(h) Principal Deputy Director of National Intelligence; and 

(i) Deputy Director of the Federal Bureau of Investigation. 

None of the above officials, nor anyone officially acting in that ca

exercise the authority to make the above certifications, unless that 

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

Senate. The requirement of the preceding sentence that the named o

737
 
738
 
 

By the authority vested in me as President by the Constitution and the 

United States of America and in order to release certain scien

environmentally useful imagery acquired by space-based national 

reconnaissance systems, consistent with the national security it is her

as follows: 

SECTION 1. PUBLIC RELEASE OF HISTORICAL INTELLIGENCE IMAGERY

Imagery acquired by the space-based national intelligence rec

systems known as the Corona, Argon, and Lanyard missions shall

months of the date of this order, be declassified and transferred to t

Archives and Records Administration with a copy sent to the U

Geological Survey of the Department of the Interior consistent with 

approved by the Director of Central Intelligence and the Archivist o

States. Upon transfer, such imagery shall be deemed declassified a

made available to the public. 

SEC. 2. REVIEW FOR FUTURE PUBLIC RELEASE OF INTELLIGENCE IMA

(a) All information that meets the criteria in section 2(b) of this or

kept secret in the interests of national defense and foreign policy u

otherwise by the Director of Central Intelligence. In consultatio

Secretaries of State and Defense, the Director of Central Intelli

establish a comprehensive program for the periodic review of im

systems other than the Corona, Argon, and Lanyard missions, with t

of making available to the public as much imagery as possible consist

interests of national defense and foreign policy. For imagery fro

broad-area film-return systems other than Corona, Argon, and Lanya

this review shall be completed within 5 years of the date of this order

imagery from any other system that the Director ot Central Intelligen

be obsolete shall be accomplished according to a timetable establi

Director of Central intelligence. The Director of Central Intelligence 

annually to the President on the implementation of this order. 

(b) The criteria referred to in section 2(a) of this order consist of the 

imagery acquired by a space-based national intelligence reconnaissa

other than the Corona, Argon, and Lanyard missions. 

739
 
 

procedural, enforceable by any party against the United States, its 

instrumentalities, its officers or employees, or any other person. 

SEC. 4. DEFINITION. 

As used herein, "imagery" means the product acquired by space-ba

intelligence reconnnaissance systems that provides a likeness or repre

any natural or man-made feature or related objective or activities a

positional data acquired at the same time the likeness or represe

acquired. 

-/S/-William J. Clinton 

THE WHITE HOUSE, 

February 22, 1995 

740
 
 

 

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: 

741
 
 

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

742
 
 

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 da

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. 

743
 
 

(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 sensitivi

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 

744
 
 

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. 

745
 
 

(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 unclassi

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. 

746
 
 

 

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 pertine

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

747
 
 

 

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. 

748
 
(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

749
 
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. 

750
 
 

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

751
 
 

(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

752
 
 

President; or 

(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 decisi

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 administrative

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: 

753
 
 

 

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 origina

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. 

754
 
 

 

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

755
 
 

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 spec

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 

756 
 

(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. 

757
 
 

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 iss

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; 

758
 
 

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; 

759
 
 

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: 

760
 
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 traini

programs; 

(4) establishing and maintaining an ongoing self-inspection pr

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; 

761
 
 

 

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

762
 
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; 

763
 
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

764
 
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 cl

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. 

765
 
 

(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, biological, radio

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

766
 
 

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. 

767
 
768
 
The national interest requires that certain information be maintained i

confidence through a system of classification in order to protect our ci

democratic institutions, and our participation within the community o

The unauthorized disclosure of information classified in the national i

cause irreparable damage to the national security and loss of human li

Security policies designed to protect classified information must ensu

consistent, cost effective, and efficient protection of our Nation’s clas

information, while providing fair and equitable treatment to those Am

upon whom we rely to guard our national security. 

This order establishes a uniform Federal personnel security program f

employees who will be considered for initial or continued access to cl

information. 

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—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. §

“military departments,” as defined in 5 U.S.C. §102, and any other en

the executive branch that comes into the possession of classified infor

including the Defense Intelligence Agency, National Security Agency

National Reconnaissance Office. 

(b) “Applicant” means a person other than an employee who has recei

authorized conditional offer of employment for a position that require

classified information. 

(c) “Authorized investigative agency” means an agency authorized by 

regulation to conduct a counterintelligence investigation or investigati

persons who are proposed for access to classified information to ascer

whether such persons satisfy the criteria for obtaining and retaining ac

such information. 

769
 
 

Armed Forces; an expert or consultant to an agency; an industrial or c

contractor, licensee, certificate holder, or grantee of an agency, includ

subcontractors; a personal services contractor; or any other category o

who acts for or on behalf of an agency as determined by the appropria

head. 

(f) “Foreign power” and “agent of a foreign power” have the meaning 

in 50 U.S.C. §1801. 

(g) “Need for access” means a determination that an employee require

a particular level of classified information in order to perform or assis

and authorized governmental function. 

(h) “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. 

(i) “Overseas Security Executive Agent” means the Security Executiv

established by the President to consider, develop, coordinate and prom

policies, standards and agreements on overseas security operations, pr

projects that affect all United States Government agencies under the a

a Chief of Mission. 

(j) “Security Executive Agent” means the Board established by the Pr

consider, coordinate, and recommend policy directives for U.S. securi

procedures, and practices. 

(k) “Special access program” has the meaning provided in section 4.1 

Executive Order No. 12958, or any successor order. 

SEC. 1.2. ACCESS TO CLASSIFIED INFORMATION. 

(a) No employee shall be granted access to classified information unle

employee has been determined to be eligible in accordance with this o

possess a need-to-know. 

(b) Agency heads shall be responsible for establishing and maintainin

effective program to ensure that access to classified information by ea

employee is clearly consistent with the interests of the national securit

(c) Employees shall not be granted access to classified information un

(1) have been determined to be eligible for access under sectio

this order by agency heads or designated officials based upon 

770
 
during the period of access to ascertain whether they continue to meet 

requirements for access. 

(e)(1) All employees granted access to classified information shall be 

a condition of such access to provide to the employing agency written 

permitting access by an authorized investigative agency, for such time 

to classified information is maintained and for a period of 3 years ther

(A) relevant financial records that are maintained by a 

institution as defined in 31 U.S.C. §5312(a) or by a h

company as defined in section 1101(6) of the Right to 

Privacy Act of 1978 (12 U.S.C. §3401); 

(B) consumer reports pertaining to the employee unde

Credit Reporting Act (15 U.S.C. §1681a); and 

(C) records maintained by commercial entities within 

States pertaining to any travel by the employee outsid

United States. 

(2) Information may be requested pursuant to employee conse

this section where: 

(A) there are reasonable grounds to believe, based on 

information, that the employee or former employee is

be, disclosing classified information in an unauthoriz

to a foreign power or agent of a foreign power; 

(B) information the employing agency deems credible 

the employee or former employee has incurred excess

indebtedness or has acquired a level of affluence that 

explained by other information; or 

(C) circumstances indicate the employee or former em

the capability and opportunity to disclose classified in

that is known to have been lost or compromised to a f

power or an agent of a foreign power. 

(3) Nothing in this section shall be construed to affect the auth

investigating agency to obtain information pursuant to the Rig

Financial Privacy Act, the Fair Credit Reporting Act or any ot

applicable law. 

771
 
(1) the identity of covert agents as defined in the Intelligence 

Protection Act of 1982 (50 U.S.C. §421); 

(2) technical or specialized national intelligence collection an

processing systems that, if disclosed in an unauthorized mann

substantially negate or impair the effectiveness of the system; 

(3) the details of: 

(A) the nature, contents, algorithm, preparation, or us

code, cipher, or cryptographic system or; 

(B) the design, construction, functioning, maintenanc

of any cryptographic equipment; but not including inf

concerning the use of cryptographic equipment and se

(4) particularly sensitive special access programs, the disclosu

would substantially negate or impair the effectiveness of the i

or activity involved; or 

(5) especially sensitive nuclear weapons design information (b

those positions that have been certified as being of a high deg

importance or sensitivity, as described in section 145(f) of the 

Energy Act of 1954, as amended). 

(b) An employee may not be granted access, or hold a position design

requiring access, to information described in subsection (a) unless, as 

of access to such information, the employee: 

(1) files with the head of the agency a financial disclosure rep

including information with respect to the spouse and depende

of the employee, as part of all background investigations or 

reinvestigations; 

(2) is subject to annual financial disclosure requirements, if se

the agency head; and 

(3) files relevant information concerning foreign travel, as det

the Security Executive Agent. 

(c) Not later than 180 days after the effective date of this order, the Se

Executive Agent shall develop procedures for the implementation of t

including a standard financial disclosure form for use by employees u

subsection (b) of this section, and agency heads shall identify certain e

by position or category, who are subject to annual financial disclosure

772
 
 

 

and financial accounts, transactions under $10,000 that are reported as 

money laundering violations, and records of foreign travel. 

SEC. 1.5. EMPLOYEE EDUCATION AND ASSISTANCE. The head of each 

that grants access to classified information shall establish a program f

employees with access to classified information to: 

(a) educate employees about individual responsibilities under this ord

(b) inform employees about guidance and assistance available concern

that may affect their eligibility for access to classified information, inc

sources of assistance for employees who have questions or concerns a

financial matters, mental health, or substance abuse. 

PART 2—ACCESS ELIGIBILITY POLICY AND PROCED

SEC. 2.1. ELIGIBILITY DETERMINATIONS. 

(a) Determinations of eligibility for access to classified information sh

based on criteria established under this order. Such determinations are 

from suitability determinations with respect to the hiring or retention o

for employment by the government or any other personnel actions. 

(b) The number of employees that each agency determines are eligible 

to classified information shall be kept to the minimum required for the 

agency functions. 

(1) Eligibility for access to classified information shall not be 

or granted solely to permit entry to, or ease of movement with

controlled areas when the employee has no need for access an

classified information may reasonably be prevented. Where 

circumstances indicate employees may be inadvertently expo

classified information in the course of their duties, agencies a

authorized to grant or deny, in their discretion, facility access 

to such employees based on an appropriate level of investigat

determined by each agency. 

(2) Except in agencies where eligibility for access is a mandat

condition of employment, eligibility for access to classified in

shall only be requested or granted based on a demonstrated, fo

need for access. Requesting or approving eligibility in excess 

requirements is prohibited. 

773
 
 

 

 

(4) Access to classified information shall be terminated when 

employee 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 s

limited, and relate directly, to the level of classified information for w

is a need for access. Eligibility for access to a higher level of classifie

information includes eligibility for access to information classified at 

level. 

(b) Access to classified information relating to a special access progra

granted in accordance with procedures established by the head of the 

created the program or, for programs pertaining to intelligence activiti

(including special activities but not including military operational, stra

tactical programs) or intelligence sources and methods, by the Directo

Intelligence. To the extent possible and consistent with the national se

interests of the United States, such procedures shall be consistent with 

standards and procedures established by and under this order. 

SEC. 2.3 TEMPORARY ACCESS TO HIGHER LEVELS. 

(a) An employee who has been determined to be eligible for access to 

information based on favorable adjudication of a completed investigat

granted temporary access to a higher level where security personnel a

by the agency head to make access eligibility determinations find that 

access: 

(1) is necessary to meet operational or contractual exigencies 

expected to be of a recurring nature; 

(2) will not exceed 180 days; and 

(3) is limited to specific, identifiable information that is made 

of a written access record. 

(b) Where the access granted under subsection (a) of this section invo

agency’s classified information, that agency must concur before acces

information is granted. 

SEC. 2.4. RECIPROCAL ACCEPTANCE OF ACCESS ELIGIBILITY DETERM

(a) Except when an agency has substantial information indicating that 

employee may not satisfy the standards in section 3.1 of this order, ba

774
 
 

 

determined personally by the agency head or deputy agency head, or h

existing access eligibility readjudicated, so long as the employee has a 

access to the information involved. 

(c) This section shall not preclude agency heads from establishing add

not duplicative, investigative or adjudicative procedures for a special 

program or for candidates for detail or assignment to their agencies, w

procedures are required in exceptional circumstances to protect the na

security. 

(d) Where temporary eligibility for access is granted under sections 2.

this order or where the determination of eligibility for access is condit

fact of such temporary or conditional access shall be conveyed to any 

agency that 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 c

information shall be given access to classified information only where 

need-to-know that information. 

(b) It is the responsibility of employees who are authorized holders of 

information to verify that a prospective recipient’s eligibility for acces

granted by an authorized agency official and to ensure that a need-to-k

prior to allowing such access, and to challenge requests for access tha

appear well-founded. 

SEC. 2.6. ACCESS BY NON-UNITED STATES CITIZENS. 

(a) Where there are compelling reasons in furtherance of an agency m

immigrant alien and foreign national employees who possess a specia

may, in the discretion of the agency, be granted limited access to class

information only for specific programs, projects, contracts, licenses, c

or grants for which there is a need for access. Such individuals shall n

eligible for access to any greater level of classified information than th

States Government has determined may be releasable to the country o

subject is currently a citizen, and such limited access may be approved 

prior 10 years of the subject’s life can be appropriately investigated. I

any doubts concerning granting access, additional lawful investigative 

procedures shall be fully pursued. 

775
 
 

SEC. 3.1. STANDARDS. 

(a) No employee shall be deemed to be eligible for access to classified 

information merely by reason of Federal service or contracting, licens

certificate holder, or grantee status, or as a matter of right or privilege

result of any particular title, rank, position, or affiliation. 

(b) Except as provided in sections 2.6 and 3.3 of this order, eligibility 

to classified information shall be granted only to employees who are U

States citizens for whom an appropriate investigation has been comple

whose personal and professional history affirmatively indicates loyalt

United States, strength of character, trustworthiness, honesty, reliabili

discretion, and sound judgment, as well as freedom from conflicting a

and potential for coercion, and willingness and ability to abide by regu

governing the use, handling, and protection of classified information. 

determination of eligibility for access to such information is a discreti

security decision based on judgments by appropriately trained adjudic

personnel or appropriate automated procedures. Eligibility shall be gr

where facts and circumstances indicate access to classified informatio

consistent with the national security interests of the United States, and 

shall be resolved in favor of the national security. 

(c) The United States Government does not discriminate on the basis 

color, religion, sex, national origin, disability, or sexual orientation in 

access to classified information. 

(d) In determining eligibility for access under this order, agencies may 

investigate and consider any matter that relates to the determination o

access is clearly consistent with the interests of national security. No 

concerning the standards in this section may be raised solely on the ba

sexual orientation of the employee. 

(e) No negative inference concerning the standards in this section may 

solely on the basis of mental health counseling. Such counseling can b

factor in eligibility determinations. However, mental health counselin

relevant to the adjudication of access to classified information, may ju

further inquiry to determine whether the standards of subsection (b) o

section are satisfied, and mental health may be considered where it dir

relates to those standards. 

(f) Not later than 180 days after the effective date of this order, the Se

Executive Agent shall develop a common set of adjudicative guidelin

776
 
 

investigation conducted pursuant to this order or otherwise available t

officials and shall be made part of the applicant’s or employee’s secur

Applicants or employees shall be required to provide relevant informa

pertaining to their background and character for use in investigating a

adjudicating their eligibility for access. 

(b) Not later than 180 days after the effective date of this order, the Se

Executive Agent shall develop a common set of investigative standard

background investigations for access to classified information. These 

may vary for the various levels of access. 

(c) Nothing in this order shall prohibit an agency from utilizing any la

investigative procedure in addition to the investigative requirements s

this order and its implementing regulations to resolve issues that may 

the course of a background investigation or reinvestigation. 

SEC. 3.3. SPECIAL CIRCUMSTANCES. 

(a) In exceptional circumstances where official functions must be perf

prior to the completion of the investigative and adjudication process, t

eligibility for access to classified information may be granted to an em

while the initial investigation is underway. When such eligibility is gr

initial investigation shall be expedited. 

(1) Temporary eligibility for access under this section shall in

justification, and the employee must be notified in writing tha

access is expressly conditioned on the favorable completion o

investigation and issuance of an access eligibility approval. A

be immediately terminated, along with any assignment requir

access eligibility approval, if such approval is not granted. 

(2) Temporary eligibility for access may be granted only by s

personnel authorized by the agency head to make access eligi

determinations and shall be based on minimum investigative s

developed by the Security Executive Agent not later than 180 

the effective date of this order. 

(3) Temporary eligibility for access may be granted only to pa

identified categories of classified information necessary to pe

lawful and authorized functions that are the basis for the gran

temporary access. 

777
 
 

 

to be eligible based on a favorable adjudication of an investigation co

within the prior 5 years, provided they have remained employed by th

employer during the period in question, the employee certifies in writ

there has been no change in the relevant information provided by the e

for the last background investigation, and there is no information that 

to indicate the employee may no longer satisfy the standards establish

order for access to classified information. 

(d) Access eligibility shall be reapproved for individuals who were de

be eligible based on a favorable adjudication of an investigation comp

within the prior 5 years and who have been retired or otherwise separa

United States Government employment for not more than 2 years; pro

is no indication the individual may no longer satisfy the standards of t

the individual certifies in writing that there has been no change in the 

information provided by the individual for the last background investi

an appropriate record check reveals no unfavorable information. 

SEC. 3.4. REINVESTIGATION REQUIREMENTS. 

(a) Because circumstances and characteristics may change dramaticall

and thereby alter the eligibility of employees for continued access to c

information, reinvestigations shall be conducted with the same priority 

as initial investigations. 

(b) Employees who are eligible for access to classified information sh

subject of periodic reinvestigations and may also be reinvestigated if, 

there is reason to believe that they may no longer meet the standards f

established in this order. 

(c) Not later than 180 days after the effective date of this order, the Se

Executive Agent shall develop a common set of reinvestigative standa

including the frequency of reinvestigations. 

SEC. 3.5. CONTINUOUS EVALUATION. An individual who has been d

to be eligible for or who currently has access to classified information 

subject to continuous evaluation under standards (including, but not li

the frequency of such evaluation) as determined by the Director of Na

Intelligence. 

778
 
 

government as part of its own personnel security program and with th

the individual. 

PART 5—REVIEW OF ACCESS DETERMINATION

SEC. 5.1. DETERMINATIONS OF NEED FOR ACCESS. 

A determination under section 2.1(b)(4) of this order that an employee 

have, or no longer has, a need for access is a discretionary determinati

shall be conclusive. 

SEC. 5.2. Review Proceedings for Denials or Revocations of Eligibilit

Access. 

(a) Applicants and employees who are determined to not meet the stan

access to classified information established in section 3.1 of this order 

(1) provided as comprehensive and detailed a written explana

basis for that conclusion as the national security interests of th

States and other applicable law permit; 

(2) provided within 30 days, upon request and to the extent th

documents would be provided if requested under the Freedom 

Information Act (5 U.S.C. §552) or the Privacy Act (3 U.S.C. 

applicable, any documents, records, and reports upon which a 

revocation is based; 

(3) informed of their right to be represented by counsel or oth

representative at their own expense; to request any documents

and reports as described in section 5.2(a)(2) upon which a den

revocation is based; and to request the entire investigative file

permitted by the national security and other applicable law, w

requested, shall be promptly provided prior to the time set for 

reply; 

(4) provided a reasonable opportunity to reply in writing to, a

request a review of, the determination; 

(5) provided written notice of and reasons for the results of th

the identity of the deciding authority, and written notice of the 

appeal; 

(6) provided an opportunity to appeal in writing to a high leve

appointed by the agency head, which shall be comprised of at 

779
 
 

entity, as determined by the agency head. A written summary 

recording of such appearance shall be made part of the applic

employee’s security record, unless such appearance occurs in 

presence of the appeals panel described in subsection (a)(6) o

section. 

(b) Nothing in this section shall prohibit an agency head from persona

exercising the appeal authority in subsection (a)(6) of this section base

recommendations from an appeals panel. In such case, the decision of 

head shall be final. 

(c) Agency heads shall promulgate regulations to implement this secti

their sole discretion and as resources and national security considerati

may provide additional review proceedings beyond those required by 

(a) of this section. This section does not require additional proceeding

and creates no procedural or substantive rights. 

(d) When the head of an agency or principal deputy personally certifie

procedure set forth in this section cannot be made available in a partic

without damaging the national security interests of the United States b

classified information, the particular procedure shall not be made avai

certification shall be conclusive. 

(e) This section shall not be deemed to limit or affect the responsibilit

power of an agency head pursuant to any law or other Executive order 

terminate access to classified information in the interests of national s

power and responsibility to deny or terminate access to classified info

pursuant to any law or other Executive order may be exercised only w

agency head determines that the procedures prescribed in subsection (

section cannot be invoked in a manner that is consistent with national 

This determination shall be conclusive. 

(f)(1) This section shall not be deemed to limit or affect the responsib

power of an agency head to make determinations of suitability for em

(2) Nothing in this section shall require that an agency provid

procedures prescribed in subsection (a) of this section to an ap

where a conditional offer of employment is withdrawn for rea

suitability or any other reason other than denial of eligibility f

classified information. 

(3) A suitability determination shall not be used for the purpo

denying an applicant or employee the review proceedings of t

780
 
 

 

grant employees access to classified information shall: 

(a) designate a senior agency official to direct and administer the agen

personnel security program established by this order. All such program

include active oversight and continuing security education and awaren

programs to ensure effective implementation of this order; 

(b) cooperate, under the guidance of the Security Executive Agent, wi

agencies to achieve practical, consistent, and effective adjudicative tra

guidelines; and 

(c) conduct periodic evaluations of the agency’s implementation and 

administration of this order, including the implementation of section 1

this order. Copies of each report shall be provided to the Security Exe

Agent. 

SEC. 6.2. EMPLOYEE RESPONSIBILITIES. 

(a) Employees who are granted eligibility for access to classified infor

shall: 

(1) protect classified information in their custody from unauth

disclosure; 

(2) report all contacts with persons, including foreign national

in any way to obtain unauthorized access to classified informa

(3) report all violations of security regulations to the appropri

officials; and 

(4) comply with all other security requirements set forth in thi

its implementing regulations. 

(b) Employees are encouraged and expected to report any information 

doubts as to whether another employee’s continued eligibility for acce

classified information is clearly consistent with the national security. 

SEC. 6.3. SECURITY EXECUTIVE AGENT RESPONSIBILITIES AND 

IMPLEMENTATION. 

(a) With respect to actions taken by the Security Executive Agent pur

sections 1.3(c), 3.1(f), 3.2(b), 3.3(a)(2), and 3.4(c) of this order, the D

National Intelligence shall serve as the final authority for implementat

(b) Any guidelines, standards, or procedures developed by the Securit

Agent pursuant to this order shall be consistent with those guidelines 

781
 
 

 

 

Office of Management and Budget. 

SEC. 6.4. SANCTIONS. Employees shall be subject to appropriate sanct

knowingly and willfully grant eligibility for, or allow access to, classi

information in violation of this order or its implementing regulations. 

may include reprimand, suspension without pay, removal, and other a

accordance with applicable law and agency regulations. 

PART 7—GENERAL PROVISIONS 

SEC. 7.1. CLASSIFIED INFORMATION PROCEDURES ACT. Nothing in th

intended to alter the procedures established under the Classified Infor

Procedures Act (18 U.S.C. App. §1). 

SEC. 7.2. GENERAL. 

(a) Information obtained by an agency under sections 1.2(e) or 1.3 of 

may not be disseminated outside the agency, except to: 

(1) the agency employing the employee who is the subject of 

or information; 

(2) the Department of Justice for law enforcement or counteri

purposes; or 

(3) any agency if such information is clearly relevant to the au

responsibilities of such agency. 

(b) The Attorney General, at the request of the head of an agency, sha

interpretation of this order with respect to any question arising in the c

administration. 

(c) No prior Executive orders are repealed by this order. To the extent 

order is inconsistent with any provision of any prior Executive order, 

shall control, except that this order shall not diminish or otherwise aff

requirements of Executive Order No. 10450, the denial and revocation 

procedures provided to individuals covered by Executive Order No. 1

amended, or access by historical researchers and former presidential a

under Executive Order No. 12958 or any successor order. 

(d) If any provision of this order or the application of such provision i

invalid, the remainder of this order shall not be affected. 

782
 
(f) This order is effective immediately. 

-/S/-William J. Clinton 

THE WHITE HOUSE, 

August 2, 1995. 

783
 
784
 
 

 

 

 

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 Ce

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

785
 
 

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 for

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 

786
 
 

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: 

787
 
 

(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 the 

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 

788
 
 

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, enforce

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. 

789
 
790
 
 

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 e

conduct of United States intelligence activities and protect the territor

and interests of the United States of America, including against terrori

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. Executive 

12333 of December 4, 1981, as amended, is further amended as follow

(a) 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; (

791 
“(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, mi

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

792
 
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.” 

793
 
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.” 

794
 
 

 

(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 u

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,”

795
 
 

(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 S

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; 

796
 
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, enforce

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. 

797
 
798
 
 

 

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

799
 
 

 

 

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

800 
 

 

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 

801
 
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. 

802
 
By the authority vested in me as President by the Constitution and the 

United States of America, it is hereby ordered as follows: 

SECTION 1. POLICY. 

It is the policy of the United States to ensure that the President and oth

of the United States with responsibility for the security of the Nation a

advancement of its interests have access to accurate, insightful, object

timely information concerning the capabilities, intentions, and activiti

foreign powers. 

SEC. 2. DEFINITIONS. As used in this order: 

(a) "department concerned" means an executive department listed in s

of title 5, United States Code, that contains an organization listed in o

pursuant to section 3(4) of the National Security Act of 1947, as amen

U.S.C. 401a(4)); 

(b) "intelligence activities" has the meaning specified in section 3.4 of 

Order 12333 of December 4, 1981, as amended; and 

(c) "intelligence community" means the organizations listed in or desi

pursuant to section 3(4) of the National Security Act of 1947, as amen

SEC. 3. ESTABLISHMENT OF THE PRESIDENT'S INTELLIGENCE ADVISO

(a) There is hereby established, within the Executive Office of the Pre

exclusively to advise and assist the President as set forth in this order, 

President's Intelligence Advisory Board (PIAB). 

(b) The PIAB shall consist of not more than 16 members appointed by 

President from among individuals who are not employed by the Feder

Government. 

(c) The President shall designate a Chair from among the members of 

who shall convene and preside at meetings of the PIAB, determine its 

and direct its work. 

(d) Members of the PIAB and the Intelligence Oversight Board (IOB) 

in section 5 of this order: 

(i) shall serve without any compensation for their work on the 

the IOB; and 

(ii) while engaged in the work of the PIAB or the IOB, may b

travel expenses, including per diem in lieu of subsistence, as a

803
 
the Executive Director of the IOB. 

SEC. 4. FUNCTIONS OF THE PIAB. Consistent with the policy set forth 

1 of this order, the PIAB shall have the authority to, as the PIAB deter

appropriate, or shall, when directed by the President: 

(a) assess the quality, quantity, and adequacy of intelligence collection

analysis and estimates, and of counterintelligence and other intelligen

activities, assess the adequacy of management, personnel and organiz

intelligence community, and review the performance of all agencies o

Federal Government that are engaged in the collection, evaluation, or 

of intelligence or the execution of intelligence policy and report the re

such assessments or reviews: 

(i) to the President, as necessary but not less than twice each y

(ii) to the Director of National Intelligence (DNI) and the hea

departments concerned when the PIAB determines appropriat

(b) consider and make appropriate recommendations to the President, 

the head of the department concerned with respect to matters identifie

PIAB by the DNI or the head of a department concerned. 

SEC. 5. ESTABLISHMENT OF INTELLIGENCE OVERSIGHT BOARD. 

(a) There is hereby established a committee of the PIAB to be known 

Intelligence Oversight Board. 

(b) The IOB shall consist of not more than five members of the PIAB 

designated by the President from among members of the PIAB to serv

IOB. The IOB shall utilize such full-time professional and administrat

authorized by the Chair and approved by the President or the Presiden

designee. Such staff shall be supervised by an Executive Director of th

appointed by the President, whom the President may designate to serv

the Executive Director of the PIAB. 

(c) The President shall designate a Chair from among the members of 

who shall convene and preside at meetings of the IOB, determine its a

direct its work. 

SEC. 6. FUNCTIONS OF THE IOB. Consistent with the policy set forth i

of this order, the IOB shall: 

804
 
(B) are not being adequately addressed by the Attorne

the DNI, or the head of the department concerned; or 

(ii) should be immediately reported to the President. 

(c) review and assess the effectiveness, efficiency, and sufficiency of 

processes by which the DNI and the heads of departments concerned p

their respective functions under this order and report thereon as neces

together with any recommendations, to the President and, as appropria

and the head of the department concerned; 

(d) receive and review information submitted by the DNI under subse

of this order and make recommendations thereon, including for any ne

corrective action, with respect to such information, and the intelligenc

to which the information relates, as necessary, but not less than twice 

to the President, the DNI, and the head of the department concerned; a

(e) conduct, or request that the DNI or the head of the department con

appropriate, carry out and report to the IOB the results of, investigatio

intelligence activities that the IOB determines are necessary to enable 

carry out its functions under this order. 

SEC. 7. FUNCTIONS OF THE DIRECTOR OF NATIONAL INTELLIGENCE. C

with the policy set forth in section 1 of this order, the DNI shall: 

(a) with respect to guidelines applicable to organizations within the in

community that concern reporting of intelligence activities described 

subsection 6(b)(i)(A) of this order: 

(i) review and ensure that such guidelines are consistent with 

1.7(d) of Executive Order 12333, or a corresponding provisio

successor order, and this order; and 

(ii) issue for incorporation in such guidelines instructions rela

format and schedule of such reporting as necessary to implem

order; 

(b) with respect to intelligence activities described in subsection 6(b)(

order: 

(i) receive reports submitted to the IOB pursuant to section 1.

Executive Order 12333, or a corresponding provision of any s

order; 

(ii) forward to the Attorney General information in such repor

to such intelligence activities to the extent that such activities 

805 
 

such actions have been taken and report to the IOB and the he

department concerned, and as appropriate the President, when 

actions have not been timely taken; and 

(c) submit to the IOB as necessary and no less than twice each year: 

(i) an analysis of the reports received under subsection (b)(i) o

section, including an assessment of the gravity, frequency, tre

patterns of occurrences of intelligence activities described in 

6(b)(i)(A) of this order; 

(ii) a summary of direction under subsection (b)(iii) of this se

any related recommendations; and 

(iii) an assessment of the effectiveness of corrective action tak

DNI or the head of the department concerned with respect to i

activities described in subsection 6(b)(i)(A) of this order. 

SEC. 8. FUNCTIONS OF HEADS OF DEPARTMENTS CONCERNED AND A

FUNCTIONS OF THE DIRECTOR OF NATIONAL INTELLIGENCE. 

(a) To the extent permitted by law, the DNI and the heads of departme

concerned shall provide such information and assistance as the PIAB 

IOB may need to perform functions under this order. 

(b) The heads of departments concerned shall: 

(i) ensure that the DNI receives: 

(A) copies of reports submitted to the IOB pursuant to 

1.7(d) of Executive Order 12333, or a corresponding 

of any successor order; and 

(B) such information and assistance as the DNI may n

perform functions under this order; and 

(ii) designate the offices within their respective organizations 

submit reports to the IOB required by Executive Order and in

DNI and the IOB of such designations; and 

(iii) ensure that departments concerned comply with instructio

by the DNI under subsection 7(a)(ii) of this order. 

(c) The head of a department concerned who does not implement a 

recommendation to that head of department from the PIAB under sub

of this order or from the IOB under subsections 6(c) or 6(d) of this ord

promptly report through the DNI to the Board that made the recomme

to the President, the reasons for not implementing the recommendatio

806
 
 

(a) References in Executive Orders other than this order, or in any oth

presidential guidance, to the "President's Foreign Intelligence Advisor

shall be deemed to be references to the President's Intelligence Adviso

established by this order. 

(b) Individuals who are members of the President's Foreign Intelligen

Board under Executive Order 12863 of September 13, 1993, as amend

immediately prior to the signing of this order shall be members of the 

Intelligence Advisory Board immediately upon the signing of this ord

as such consistent with this order until the date that is 15 months follo

date of this order. 

(c) Individuals who are members of the Intelligence Oversight Board 

Executive Order 12863 immediately prior to the signing of this order 

members of the Intelligence Oversight Board under this order, to serv

consistent with this order until the date that is 15 months following th

this order. 

(d) The individual serving as Executive Director of the President's For

Intelligence Advisory Board immediately prior to the signing of this o

serve as the Executive Director of the PIAB until such person resigns, 

removed, or upon appointment of a successor under this order and sha

the Executive Director of the IOB until an Executive Director of the I

appointed or designated under this order. 

SEC. 10. REVOCATION. Executive Order 12863 is revoked. 

SEC. 11. GENERAL PROVISIONS. 

(a) Nothing in this order shall be construed to impair or otherwise affe

(i) authority granted by law to a department or agency, or the 

thereof; or 

(ii) functions of the Director of the Office of Management and 

relating to budget, administrative, or legislative proposals. 

(b) Any person who is a member of the PIAB or IOB, or who is grant

classified national security information in relation to the activities of t

the IOB, as a condition of access to such information, shall sign and c

the agreements to protect such information from unauthorized disclos

order shall be implemented in a manner consistent with Executive Ord

807
 
 

substantive or procedural, enforceable at law or in equity, by any party 

the United States, its departments, agencies or entities, its officers, em

agents, or any other person. 

-/S/- George W. Bush 

THE WHITE HOUSE, 

February 29, 2008. 

808
 
 

(Federal Register Vol. 73, No. 128 (July 2, 2008)) 

By the authority vested in me as President by the Constitution and the 

United States of America, and in order to ensure an efficient, practica

reciprocal, and aligned system for investigating and determining suita

for Government employment, contractor employee fitness, and eligibi

access to classified information, while taking appropriate account of t

Public Law 108-458, it is hereby ordered as follows: 

PART 1 -- POLICY, APPLICABILITY, AND DEFINITIO

SECTION 1.1. POLICY. Executive branch policies and procedures rela

suitability, contractor employee fitness, eligibility to hold a sensitive p

access to federally controlled facilities and information systems, and e

for access to classified information shall be aligned using consistent s

the extent possible, provide for reciprocal recognition, and shall ensur

effective, timely, and efficient protection of the national interest, whil

fair treatment to those upon whom the Federal Government relies to c

Nation's business and protect national security. 

SEC. 1.2. APPLICABILITY. 

(a) This order applies to all covered individuals as defined in section 

except that: 

(i) the provisions regarding eligibility for physical access to f

controlled facilities and logical access to federally controlled 

systems do not apply to individuals exempted in accordance w

guidance pursuant to the Federal Information Security Manag

(title III of Public Law 107-347) and Homeland Security Pres

Directive 12; and 

(ii) the qualification standards for enlistment, appointment, a

induction into the Armed Forces pursuant to title 10, United S

are unaffected by this order. 

(b) This order also applies to investigations and determinations of eli

access to classified information for employees of agencies working in 

legislative or judicial branches when those investigations or determina

conducted by the executive branch. 

809
 
 

(iii) eligible for access to classified information; 

(iv) eligible to hold a sensitive position; or 

(v) fit to perform work for or on behalf of the Government as 

contractor employee. 

(b) "Agency" means any "Executive agency" as defined in section 10

United States Code, including the "military departments," as defined i

section 102 of title 5, United States Code, and any other entity within 

executive branch that comes into possession of classified information 

designated positions as sensitive, except such an entity headed by an o

is not a covered individual. 

(c) "Classified information" means information that has been determi

pursuant to Executive Order 12958 of April 17, 1995, as amended, or 

or predecessor order, or the Atomic Energy Act of 1954 (42 U.S.C. 20

to require protection against unauthorized disclosure. 

(d) "Continuous evaluation" means reviewing the background of an i

who has been determined to be eligible for access to classified inform

(including additional or new checks of commercial databases, Govern

databases, and other information lawfully available to security official

time during the period of eligibility to determine whether that individu

continues to meet the requirements for eligibility for access to classifi

information. 

(e) "Contractor" means an expert or consultant (not appointed under 

section 3109 of title 5, United States Code) to an agency; an industria

commercial contractor, licensee, certificate holder, or grantee of any a

including all subcontractors; a personal services contractor; or any oth

of person who performs work for or on behalf of an agency (but not a 

employee). 

(f) "Contractor employee fitness" means fitness based on character an

for work for or on behalf of the Government as a contractor employee

(g) "Covered individual" means a person who performs work for or o

the executive branch, or who seeks to perform work for or on behalf o

executive branch, but does not include: 

(i) the President or (except to the extent otherwise directed by 

President) employees of the President under section 105 or 10

United States Code; or 

810
 
 

investigation, adjudication, and continuous evaluation processes. 

(i) "Federally controlled facilities" and "federally controlled informat

systems" have the meanings prescribed in guidance pursuant to the Fe

Information Security Management Act (title III of Public Law 107-34

Homeland Security Presidential Directive 12. 

(j) "Logical and physical access" means access other than occasional 

intermittent access to federally controlled facilities or information sys

(k) "Sensitive position" means any position so designated under Exec

Order 10450 of April 27, 1953, as amended. 

(l) "Suitability" has the meaning and coverage provided in 5 CFR Par

PART 2 -- ALIGNMENT, RECIPROCITY, AND GOVERN

SEC. 2.1. ALIGNED SYSTEM. 

(a) Investigations and adjudications of covered individuals who requi

determination of suitability, eligibility for logical and physical access, 

to hold a sensitive position, eligibility for access to classified informat

appropriate, contractor employee fitness, shall be aligned using consis

standards to the extent possible. Each successively higher level of inv

and adjudication shall build upon, but not duplicate, the ones below it

(b) The aligned system shall employ updated and consistent standard

methods, enable innovations with enterprise information technology c

and end-to-end automation to the extent practicable, and ensure that re

information maintained by agencies can be accessed and shared rapidl

the executive branch, while protecting national security, protecting pr

related information, ensuring resulting decisions are in the national in

providing the Federal Government with an effective workforce. 

(c) Except as otherwise authorized by law, background investigations 

adjudications shall be mutually and reciprocally accepted by all agenc

agency may not establish additional investigative or adjudicative requ

(other than requirements for the conduct of a polygraph examination c

with law, directive, or regulation) that exceed the requirements for sui

contractor employee fitness, eligibility for logical or physical access, 

hold a sensitive position, or eligibility for access to classified informa

the approval of the Suitability Executive Agent or Security Executive 

appropriate, and provided that approval to establish additional require

811
 
 

(a) There is hereby established a Suitability and Security Clearance P

Accountability Council (Council). 

(b) The Deputy Director for Management, Office of Management and 

shall serve as Chair of the Council and shall have authority, direction, 

over the Council's functions. Membership on the Council shall includ

Suitability Executive Agent and the Security Executive Agent. The C

select a Vice Chair to act in the Chair's absence. The Chair shall have 

to designate officials from additional agencies who shall serve as mem

Council. Council membership shall be limited to Federal Governmen

employees and shall include suitability and security professionals. 

(c) The Council shall be accountable to the President to achieve, cons

this order, the goals of reform, and is responsible for driving impleme

the reform effort, ensuring accountability by agencies, ensuring the Su

Executive Agent and the Security Executive Agent align their respecti

processes, and sustaining reform momentum. 

(d) The Council shall: 

(i) ensure alignment of suitability, security, and, as appropria

contractor employee fitness investigative and adjudicative pro

(ii) hold agencies accountable for the implementation of suita

security, and, as appropriate, contractor employee fitness proc

and procedures; 

(iii) establish requirements for enterprise information technol

(iv) establish annual goals and progress metrics and prepare a

reports on results; 

(v) ensure and oversee the development of tools and techniqu

enhancing background investigations and the making of eligib

determinations; 

(vi) arbitrate disparities in procedures between the Suitability 

Agent and the Security Executive Agent; 

(vii) ensure sharing of best practices; and 

(viii) advise the Suitability Executive Agent and the Security 

Agent on policies affecting the alignment of investigations an

adjudications. 

(e) The Chair may, to ensure the effective implementation of the poli

in section 1.1 of this order and to the extent consistent with law, assig

or in part, to the head of any agency (solely or jointly) any function w

812
 
 

 

AGENTS. 

(a) There is hereby established a Suitability Executive Agent and a Se

Executive Agent. 

(b) The Director of the Office of Personnel Management shall serve a

Suitability Executive Agent. As the Suitability Executive Agent, the D

the Office of Personnel Management will continue to be responsible f

developing and implementing uniform and consistent policies and pro

to ensure the effective, efficient, and timely completion of investigatio

adjudications relating to determinations of suitability and eligibility fo

and physical access. 

(c) The Director of National Intelligence shall serve as the Security E

Agent. The Security Executive Agent: 

(i) shall direct the oversight of investigations and determinati

eligibility for access to classified information or eligibility to 

sensitive position made by any agency; 

(ii) shall be responsible for developing uniform and consisten

and procedures to ensure the effective, efficient, and timely co

of investigations and adjudications relating to determinations 

eligibility for access to classified information or eligibility to 

a sensitive position; 

(iii) may issue guidelines and instructions to the heads of age

ensure appropriate uniformity, centralization, efficiency, effec

and timeliness in processes relating to determinations by agen

eligibility for access to classified information or eligibility to 

sensitive position; 

(iv) shall serve as the final authority to designate an agency o

to conduct investigations of persons who are proposed for acc

classified information to ascertain whether such persons satisf

criteria for obtaining and retaining access to classified inform

eligibility to hold a sensitive position; 

(v) shall serve as the final authority to designate an agency or 

to determine eligibility for access to classified information in 

with Executive Order 12968 of August 2, 1995; 

(vi) shall ensure reciprocal recognition of eligibility for acces

classified information among the agencies, including acting a

authority to arbitrate and resolve disputes among the agencies 

813
 
 

 

Executive Agents oversight and with such terms and conditio

(including approval by the Security Executive Agent) as the S

Executive Agent determines appropriate. 

(d) Nothing in this order shall be construed in a manner that would lim

authorities of the Director of the Office of Personnel Management or t

of National Intelligence under law. 

SEC. 2.4. ADDITIONAL FUNCTIONS. 

(a) The duties assigned to the Security Policy Board by Executive Or

of August 2, 1995, to consider, coordinate, and recommend policy dir

executive branch security policies, procedures, and practices are reass

Security Executive Agent. 

(b) Heads of agencies shall: 

(i) carry out any function assigned to the agency head by the 

shall assist the Chair, the Council, the Suitability Executive A

the Security Executive Agent in carrying out any function und

sections 2.2 and 2.3 of this order; 

(ii) implement any policy or procedure developed pursuant to 

(iii) to the extent permitted by law, make available to the Per

Accountability Council, the Suitability Executive Agent, or th

Executive Agent such information as may be requested to imp

order; 

(iv) ensure that all actions taken under this order take accoun

counterintelligence interests of the United States, as appropria

(v) ensure that actions taken under this order are consistent w

President's constitutional authority to: 

(A) conduct the foreign affairs of the United States; 

(B) withhold information the disclosure of which cou

the foreign relations, the national security, the deliber

processes of the Executive, or the performance of the 

constitutional duties; 

(C) recommend for congressional consideration such 

as the President may judge necessary or expedient; an

(D) supervise the unitary executive branch. 

814
 
(A) Executive Order 10450 of April 27, 1953, as ame

(B) Executive Order 10577 of November 23, 1954, a

(C) Executive Order 12333 of December 4, 1981, as 

(D) Executive Order 12829 of January 6, 1993, as am

(E) Executive Order 12958 of April 17, 1995, as ame

(ii) diminish or otherwise affect the denial and revocation pro

provided to individuals covered by Executive Order 10865 of 

February 20, 1960, as amended. 

(b) Executive Order 12968 of August 2, 1995 is amended: 

(i) by inserting: "Sec. 3.5. Continuous Evaluation. An indiv

has been determined to be eligible for or who currently has ac

classified information shall be subject to continuous evaluatio

standards (including, but not limited to, the frequency of such 

as determined by the Director of National Intelligence."; and 

(ii) by striking "the Security Policy Board shall make recomm

to the President through the Assistant to the President for Nat

Security Affairs" in section 6.3(a) and inserting in lieu thereof 

Director of National Intelligence shall serve as the final autho

(iii) by striking "Security Policy Board" and inserting in lieu 

"Security Executive Agent" in each instance; 

(iv) by striking "the Board" in section 1.1(j) and inserting in l

"the Security Executive Agent"; and 

(v) by inserting "or appropriate automated procedures" in sec

after "by appropriately trained adjudicative personnel". 

(c) Nothing in this order shall supersede, impede, or otherwise affect 

remainder of Executive Order 12968 of August 2, 1995, as amended. 

(d) Executive Order 12171 of November 19, 1979, as amended, is fur

amended by striking "The Center for Federal Investigative Services" i

section 1-216 and inserting in lieu thereof "The Federal Investigative 

Division." 

(e) Nothing in this order shall be construed to impair or otherwise aff

(i) authority granted by law to a department or agency, or the 

thereof; or 

(ii) functions of the Director of the Office of Management an

relating to budget, administrative, or legislative proposals. 

815
 
revoke such delegation. 

(h) If any provision of this order or the application of such provision 

be invalid, the remainder of this order shall not be affected. 

(i) This order is intended only to improve the internal management of 

executive branch and is not intended to, and does not, create any right 

substantive or procedural, enforceable at law or in equity, by any party 

the United States, its agencies, instrumentalities, or entities, its officer

employees, or any other person. 

-/S/- George W. Bush 

THE WHITE HOUSE, 

June 30, 2008. 

816
 
 

 

States of America, in order to improve the effectiveness of human inte

gathering, to promote the safe, lawful, and humane treatment of indivi

United States custody and of United States personnel who are detaine

conflicts, to ensure compliance with the treaty obligations of the Unite

including the Geneva Conventions, and to take care that the laws of th

States are faithfully executed, I hereby order as follows: 

SECTION 1. REVOCATION. Executive Order 13440 of July 20, 2007, i

All executive directives, orders, and regulations inconsistent with this 

including but not limited to those issued to or by the Central Intelligen

(CIA) from September 11, 2001, to January 20, 2009, concerning dete

interrogation of detained individuals, are revoked to the extent of their 

inconsistency with this order. Heads of departments and agencies sha

necessary steps to ensure that all directives, orders, and regulations of 

respective departments or agencies are consistent with this order. Upo

the Attorney General shall provide guidance about which directives, o

regulations are inconsistent with this order. 

SEC. 2. DEFINITIONS. As used in this order: 

(a) "Army Field Manual 2 22.3" means FM 2-22.3, Human Intelligen

Collector Operations, issued by the Department of the Army on Septe

2006. 

(b) "Army Field Manual 34-52" means FM 34-52, Intelligence Interro

issued by the Department of the Army on May 8, 1987. 

(c) "Common Article 3" means Article 3 of each of the Geneva Conv

(d) "Convention Against Torture" means the Convention Against Tor

Other Cruel, Inhuman or Degrading Treatment or Punishment, Decem

1984, 1465 U.N.T.S. 85, S. Treaty Doc. No. 100 20 (1988). 

(e) "Geneva Conventions" means: 

(i) the Convention for the Amelioration of the Condition of the W

and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3

(ii) the Convention for the Amelioration of the Condition of Wou

and Shipwrecked Members of Armed Forces at Sea, August 12, 1

3217); 

(iii) the Convention Relative to the Treatment of Prisoners of Wa

12, 1949 (6 UST 3316); and 

817
 
 

(g) The terms detention facilities and detention facility in section 

order do not refer to facilities used only to hold people on a short-term

basis. 

SEC. 3. STANDARDS AND PRACTICES FOR INTERROGATION OF INDIVI

THE CUSTODY OR CONTROL OF THE UNITED STATES IN ARMED CONF

(a) Common Article 3 Standards as a Minimum Baseline. Consistent 

requirements of the Federal torture statute, 18 U.S.C. 2340 2340A, se

of the Detainee Treatment Act of 2005, 42 U.S.C. 2000dd, the Conven

Against Torture, Common Article 3, and other laws regulating the trea

interrogation of individuals detained in any armed conflict, such perso

all circumstances be treated humanely and shall not be subjected to vi

life and person (including murder of all kinds, mutilation, cruel treatm

torture), nor to outrages upon personal dignity (including humiliating 

degrading treatment), whenever such individuals are in the custody or 

effective control of an officer, employee, or other agent of the United 

Government or detained within a facility owned, operated, or controll

department or agency of the United States. 

(b) Interrogation Techniques and Interrogation-Related Treatment. E

immediately, an individual in the custody or under the effective contro

officer, employee, or other agent of the United States Government, or 

within a facility owned, operated, or controlled by a department or ag

United States, in any armed conflict, shall not be subjected to any inte

technique or approach, or any treatment related to interrogation, that i

authorized by and listed in Army Field Manual 2-22.3 (Manual). Inte

techniques, approaches, and treatments described in the Manual shall 

implemented strictly in accord with the principles, processes, conditio

limitations the Manual prescribes. Where processes required by the M

such as a requirement of approval by specified Department of Defense 

are inapposite to a department or an agency other than the Departmen

Defense, such a department or agency shall use processes that are sub

equivalent to the processes the Manual prescribes for the Department 

Defense. Nothing in this section shall preclude the Federal Bureau of 

Investigation, or other Federal law enforcement agencies, from contin

authorized, non-coercive techniques of interrogation that are designed 

voluntary statements and do not involve the use of force, threats, or pr

818
 
 

 

 

 

 

 

 

Federal criminal laws, the Convention Against Torture, Common Arti

Army Field Manual 2-22.3, and its predecessor document, Army Field 

34-52 – issued by the Department of Justice between September 11, 2

January 20, 2009. 

SEC. 4. PROHIBITION OF CERTAIN DETENTION FACILITIES, AND RED C

ACCESS TO DETAINED INDIVIDUALS. 

(a) CIA Detention. The CIA shall close as expeditiously as possible 

detention facilities that it currently operates and shall not operate any 

detention facility in the future. 

(b) International Committee of the Red Cross Access to Detained Ind

All departments and agencies of the Federal Government shall provid

International Committee of the Red Cross with notification of, and tim

to, any individual detained in any armed conflict in the custody or und

effective control of an officer, employee, or other agent of the United 

Government or detained within a facility owned, operated, or controll

department or agency of the United States Government, consistent wi

Department of Defense regulations and policies. 

SEC. 5. SPECIAL INTERAGENCY TASK FORCE ON INTERROGATION AN

TRANSFER POLICIES. 

(a) Establishment of Special Interagency Task Force. There shall be 

a Special Task Force on Interrogation and Transfer Policies (Special T

to review interrogation and transfer policies. 

(b) Membership. The Special Task Force shall consist of the followi

members, or their designees: 

(i) the Attorney General, who shall serve as Chair; 

(ii) the Director of National Intelligence, who shall serve as Co-

(iii) the Secretary of Defense, who shall serve as Co-Vice-Chair; 

(iv) the Secretary of State; 

(v) the Secretary of Homeland Security; 

(vi) the Director of the Central Intelligence Agency; 

(vii) the Chairman of the Joint Chiefs of Staff; and 

(viii) other officers or full-time or permanent part time employee

United States, as determined by the Chair, with the concurrence o

of the department or agency concerned. 

819
 
 

shall designate an officer or employee of the Department of Justice to 

the Executive Secretary of the Special Task Force. 

(d) Operation. The Chair shall convene meetings of the Special Task 

determine its agenda, and direct its work. The Chair may establish an

subgroups of the Special Task Force, consisting exclusively of membe

Special Task Force, to deal with particular subjects. 

(e) Mission. The mission of the Special Task Force shall be: 

(i) to study and evaluate whether the interrogation practices and 

in Army Field Manual 2 22.3, when employed by departments or 

outside the military, provide an appropriate means of acquiring th

intelligence necessary to protect the Nation, and, if warranted, to r

any additional or different guidance for other departments or agen

(ii) to study and evaluate the practices of transferring individuals 

nations in order to ensure that such practices comply with the dom

international obligations, and policies of the United States and do 

in the transfer of individuals to other nations to face torture or oth

the purpose, or with the effect, of undermining or circumventing t

commitments or obligations of the United States to ensure the hum

treatment of individuals in its custody or control. 

(f) Administration. The Special Task Force shall be established for 

administrative purposes within the Department of Justice and the Dep

Justice shall, to 

the extent permitted by law and subject to the availability of appropria

provide administrative support and funding for the Special Task Force

(g) Recommendations. The Special Task Force shall provide a repor

President, through the Assistant to the President for National Security 

the Counsel to the President, on the matters set forth in subsection (d) 

days of the date of this order, unless the Chair determines that an exte

necessary. 

(h) Termination. The Chair shall terminate the Special Task Force up

completion of its duties. 

SEC. 6. CONSTRUCTION WITH OTHER LAWS. Nothing in this order sh

construed to affect the obligations of officers, employees, and other ag

United States Government to comply with all pertinent laws and treati

United States governing detention and interrogation, including but not 

820
 
6(c) of the Military Commissions Act of 2006, Public Law 109 366; th

Conventions; and the Convention Against Torture. Nothing in this or

construed to diminish any rights that any individual may have under th

other laws and treaties. This order is not intended to, and does not, cr

right or benefit, substantive or procedural, enforceable at law or in equ

the United States, its departments, agencies, or other entities, its office

employees, or any other person. 

-/S/- BARACK OBAMA 

THE WHITE HOUSE, 

January 22, 2009 

821
 
822
 
 

 

By the authority vested in me as President by the Constitution and the 

United States of America, in order to effect the appropriate disposition 

individuals currently detained by the Department of Defense at the Gu

Bay Naval Base (Guantánamo) and promptly to close detention facilit

Guantánamo, consistent with the national security and foreign policy 

the United States and the interests of justice, I hereby order as follows

SECTION 1. DEFINITIONS. As used in this order: 

(a) "Common Article 3" means Article 3 of each of the Geneva Conv

(b) "Geneva Conventions" means: 

(i) the Convention for the Amelioration of the Condition of the W

and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3

(ii) the Convention for the Amelioration of the Condition of Wou

and Shipwrecked Members of Armed Forces at Sea, August 12, 1

3217); 

(iii) the Convention Relative to the Treatment of Prisoners of Wa

August 12, 1949 (6 UST 3316); and 

(iv) the Convention Relative to the Protection of Civilian Person

of War, August 12, 1949 (6 UST 3516). 

(c) "Individuals currently detained at Guantánamo" and "individuals c

this order" mean individuals currently detained by the Department of 

facilities at the Guantánamo Bay Naval Base whom the Department o

has ever determined to be, or treated as, enemy combatants. 

SEC. 2. FINDINGS. 

(a) Over the past 7 years, approximately 800 individuals whom the D

of Defense has ever determined to be, or treated as, enemy combatant

detained at Guantánamo. The Federal Government has moved more th

such detainees from Guantánamo, either by returning them to their ho

or by releasing or transferring them to a third country. The Departmen

Defense has determined that a number of the individuals currently det

Guantánamo are eligible for such transfer or release. 

(b) Some individuals currently detained at Guantánamo have been the

than 6 years, and most have been detained for at least 4 years. In view 

significant concerns raised by these detentions, both within the United 

823
 
and appropriate disposition of the individuals detained at Guantánamo 

precede the closure of the detention facilities at Guantánamo. 

(c) The individuals currently detained at Guantánamo have the constit

privilege of the writ of habeas corpus. Most of those individuals have 

petitions for a writ of habeas corpus in Federal court challenging the l

of their detention. 

(d) It is in the interests of the United States that the executive branch 

prompt and thorough review of the factual and legal bases for the con

detention of all individuals currently held at Guantánamo, and of whe

continued detention is in the national security and foreign policy inter

United States and in the interests of justice. The unusual circumstance

associated with detentions at Guantánamo require a comprehensive in

review. 

(e) New diplomatic efforts may result in an appropriate disposition of 

substantial number of individuals currently detained at Guantánamo. 

(f) Some individuals currently detained at Guantánamo may have com

offenses for which they should be prosecuted. It is in the interests of t

United States to review whether and how any such individuals can an

prosecuted. 

(g) It is in the interests of the United States that the executive branch 

prompt and thorough review of the circumstances of the individuals c

detained at Guantánamo who have been charged with offenses before 

commissions pursuant to the Military Commissions Act of 2006, Publ

Law 109-366, as well as of the military commission process more gen

SEC. 3. CLOSURE OF DETENTION FACILITIES AT GUANTÁNAMO. The d

facilities at Guantánamo for individuals covered by this order shall be 

soon as practicable, and no later than 1 year from the date of this orde

any individuals covered by this order remain in detention at Guantána

time of closure of those detention facilities, they shall be returned to th

country, released, transferred to a third country, or transferred to anoth

United States detention facility in a manner consistent with law and th

security and foreign policy interests of the United States. 

824
 
(2) the Secretary of Defense; 

(3) the Secretary of State; 

(4) the Secretary of Homeland Security; 

(5) the Director of National Intelligence; 

(6) the Chairman of the Joint Chiefs of Staff; and 

(7) other officers or full-time or permanent part-time employees o

United States, including employees with intelligence, counterterro

military, and legal expertise, as determined by the Attorney Gener

concurrence of the head of the department or agency concerned. 

(c) Operation of Review. The duties of the Review participants shall 

following: 

(1) Consolidation of Detainee Information. The Attorney Genera

the extent reasonably practicable, and in coordination with the oth

Review participants, assemble all information in the possession of 

Federal Government that pertains to any individual currently deta

Guantánamo and that is relevant to determining the proper dispos

such individual. All executive branch departments and agencies sh

promptly comply with any request of the Attorney General to prov

information in their possession or control pertaining to any such 

individual. The Attorney General may seek further information re

the Review from any source. 

(2) Determination of Transfer. The Review shall determine, on a 

basis and as promptly as possible with respect to the individuals c

detained at Guantánamo, whether it is possible to transfer or relea

individuals consistent with the national security and foreign polic

of the United States and, if so, whether and how the Secretary of D

may effect their transfer or release. The Secretary of Defense, the 

of State, and, as appropriate, other Review participants shall work 

promptly the release or transfer of all individuals for whom releas

transfer is possible. 

(3) Determination of Prosecution. In accordance with United Stat

cases of individuals detained at Guantánamo not approved for rele

transfer shall be evaluated to determine whether the Federal Gove

should seek to prosecute the detained individuals for any offenses 

have committed, including whether it is feasible to prosecute such 

individuals before a court established pursuant to Article III of the 

825
 
the United States and the interests of justice, for the disposition of 

individuals. The appropriate authorities shall promptly implement 

dispositions. 

(5) Consideration of Issues Relating to Transfer to the United Sta

Review shall identify and consider legal, logistical, and security i

relating to the potential transfer of individuals currently detained a

Guantánamo to facilities within the United States, and the Review 

participants shall work with the Congress on any legislation that m

appropriate. 

SEC. 5. DIPLOMATIC EFFORTS. The Secretary of State shall expeditiou

and direct such negotiations and diplomatic efforts with foreign gover

are necessary and appropriate to implement this order. 

SEC. 6. HUMANE STANDARDS OF CONFINEMENT. No individual curren

detained at Guantánamo shall be held in the custody or under the effec

control of any officer, employee, or other agent of the United States G

or at a facility owned, operated, or controlled by a department or agen

United States, except in conformity with all applicable laws governing 

conditions of such confinement, including Common Article 3 of the G

Conventions. The Secretary of Defense shall immediately undertake a 

the conditions of detention at Guantánamo to ensure full compliance w

directive. Such review shall be completed within 30 days and any nec

corrections shall be implemented immediately thereafter. 

SEC. 7. MILITARY COMMISSIONS. The Secretary of Defense shall imm

take steps sufficient to ensure that during the pendency of the Review 

in section 4 of this order, no charges are sworn, or referred to a militar

commission under the Military Commissions Act of 2006 and the Rul

Military Commissions, and that all proceedings of such military comm

which charges have been referred but in which no judgment has been 

and all proceedings pending in the United States Court of Military Co

Review, are halted. 

826
 
substantive or procedural, enforceable at law or in equity by any party 

United States, its departments, agencies, or entities, its officers, emplo

agents, or any other person. 

-/S/- BARACK OBAMA 

THE WHITE HOUSE, 

January 22, 2009. 

827
 
828
 
 

 

 

 

 

 

 

United States of America, in order to develop policies for the detentio

transfer, release, or other disposition of individuals captured or appreh

connection with armed conflicts and counterterrorism operations that 

consistent with the national security and foreign policy interests of the 

States and the interests of justice, I hereby order as follows: 

SECTION 1. SPECIAL INTERAGENCY TASK FORCE ON DETAINEE DISPO

(a) Establishment of Special Interagency Task Force. There shall be e

Special Task Force on Detainee Disposition (Special Task Force) to id

lawful options for the disposition of individuals captured or apprehend

connection with armed conflicts and counterterrorism operations. 

(b) Membership. The Special Task Force shall consist of the followin

or their designees: 

(i) the Attorney General, who shall serve as Co-Chair; 

(ii) the Secretary of Defense, who shall serve as Co-Chair; 

(iii) the Secretary of State; 

(iv) the Secretary of Homeland Security; 

(v) the Director of National Intelligence; 

(vi) the Director of the Central Intelligence Agency; 

(vii) the Chairman of the Joint Chiefs of Staff; and 

(viii) other officers or full-time or permanent part-time employee

United States, as determined by either of the Co-Chairs, with the c

of the head of the department or agency concerned. 

(c) Staff. Either Co-Chair may designate officers and employees withi

respective departments to serve as staff to support the Special Task Fo

request of the Co-Chairs, officers and employees from other departme

agencies may serve on the Special Task Force with the concurrence o

of the departments or agencies that employ such individuals. Such sta

must be officers or full-time or permanent part-time employees of the 

United States. The Co-Chairs shall jointly select an officer or employe

Department of Justice or Department of Defense to serve as the Execu

Secretary of the Special Task Force. 

(d) Operation. The Co-Chairs shall convene meetings of the Special T

determine its agenda, and direct its work. The Co-Chairs may establis

subgroups of the Special Task Force, consisting exclusively of membe

Special Task Force, to deal with particular subjects. 

829
 
States and the interests of justice. 

(f) Administration. The Special Task Force shall be established for ad

purposes within the Department of Justice, and the Department of Jus

the extent permitted by law and subject to the availability of appropria

provide administrative support and funding for the Special Task Force

(g) Report. The Special Task Force shall provide a report to the Presid

through the Assistant to the President for National Security Affairs an

Counsel to the President, on the matters set forth in subsection (d) wit

180 days of the date of this order unless the Co-Chairs determine that 

extension is necessary, and shall provide periodic preliminary reports 

those 180 days. 

(h) Termination. The Co-Chairs shall terminate the Special Task Forc

completion of its duties. 

SEC. 2. GENERAL PROVISIONS. 

(a) This order shall be implemented consistent with applicable law an

the availability of appropriations. 

(b) This order is not intended to, and does not, create any right or bene

substantive or procedural, enforceable at law or in equity by any party 

United States, its departments, agencies, or entities, its officers, emplo

agents, or any other person. 

-/S/- BARACK OBAMA 

THE WHITE HOUSE, 

January 22, 2009. 

830
 
 

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 Intelligenc

Foreign Counterintelligence Investigations Conducted 

FBI 

I.	 INTRODUCTION AND STATEMENT OF GENERA

PRINCIPLES 

Unless otherwise specified by the Attorney General, these proced

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 positi

831
 
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. 

832
 
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

833
 
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

834
 
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

835
 
836
 
 

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 Electronic

Oral Interception Information Identifying United Stat

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 

General. Section 203(c) of the USA PATRIOT Act, likewise, directs t

837
 
Pursuant to section 203(c), this memorandum specifies the pro

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

individual is identified as an alien who has not been admitted for perm

838
 
 

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 restric

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

839
 
840
 
 

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

acquired in the course of criminal investigations. The purpose of thes

guidelines is to formalize a framework pursuant to section 905(a) of th

841
 
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 othe

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. 

a. As used herein, the term “foreign intelligence” is def

section 3 of the National Security Act of 1947 (50 U

§401a) as: “information relating to the capabilities, i

842
 
intelligence acquired in the course of a criminal inve

c. Section 203(d) of the USA PATRIOT Act, provides t

“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 Homel

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 90

information not covered by an established operational or i

sharing mechanism. Said designees, together with the Di

the Assistant to the President for Homeland Security and 

entities, or individuals covered by such an established me

843 
 

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

of the disclosure. The JTTF shall, as appropriate, ke

relevant Anti-Terrorism Task Force (ATTF) apprised 

844 
 

 

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. 

c.	 Consultation With Respect to Title III and Grand Jur

Except as to section 905(a) information related to a p

845
 
6 

Justice for prosecution; and (ii) the information was 

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 exceptio

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

Requests for Additional Information and Amplification o

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 disc

should be coordinated, as applicable, through the com

that provided the initial information or the designated 

headquarters office of the relevant Federal law enfor

agency. 

846 
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 

905(a) disclosures of information that identify a Unit

person. 

8. Information Use Restrictions. 

a. In the absence of any significant law enforcement int

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. 

b. The originator of the section 905(a) information may 

appropriate use restrictions necessary to protect sensi

enforcement sources and ongoing criminal investigati

847 
i.	 When imposed, use restrictions shall be no m

restrictive than necessary to accomplish the d

effect. 

ii.	 Once imposed, use restrictions shall be review

periodically by the originator to determine wh

can be narrowed or lifted at the request of Re

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 o

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

the department, component or agency head in writing 

complete description of the facts and circumstances g

to the need for an exception and why lesser measures 

restrictions are not adequate. 

848
 
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. 

849
 
850
 
 

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 

851
 
 

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

852
 
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

853
 
854
 
 

WASHINGTON, DC 20530 

SEPTEMB

PREAMBLE 

These Guidelines are issued under the authority of the Attorney G

provided in sections 509, 510, 533, and 534 of title 28, United States C

Executive Order 12333. They apply to domestic investigative activiti

Federal Bureau of Investigation (FBI) and other activities as provided 

TABLE OF CONTENTS 

INTRODUCTION 

A. FBI RESPONSIBILITIES – FEDERAL CRIMES, THREATS 

NATIONAL SECURITY, FOREIGN INTELLIGENCE 

B. THE FBI AS AN INTELLIGENCE AGENCY 

C. OVERSIGHT 

I. GENERAL AUTHORITIES AND PRINCIPLES 

A. SCOPE 

B. GENERAL AUTHORITIES 

C. USE OF AUTHORITIES AND METHODS 

D. NATURE AND APPLICATION OF THE GUIDELINES 

II. INVESTIGATIONS AND INTELLIGENCE GATHERING 

A. ASSESSMENTS 

B. PREDICATED INVESTIGATIONS 

C. ENTERPRISE INVESTIGATIONS3 

III. ASSISTANCE TO OTHER AGENCIES 

A. THE INTELLIGENCE COMMUNITY 

B. FEDERAL AGENCIES GENERALLY 

C. STATE, LOCAL, OR TRIBAL AGENCIES 

D. FOREIGN AGENCIES 

E. APPLICABLE STANDARDS AND PROCEDURES 

855
 
A. PARTICULAR METHODS 

B. SPECIAL REQUIREMENTS 

C. OTHERWISE ILLEGAL ACTIVITY 

VI. RETENTION AND SHARING OF INFORMATION 

A. RETENTION OF INFORMATION 

B. INFORMATION SHARING GENERALLY 

C. INFORMATION RELATING TO CRIMINAL MATTERS 

D. INFORMATION RELATING TO NATIONAL SECURITY 

FOREIGN INTELLIGENCE MATTERS 

VII. DEFINITIONS 

INTRODUCTION 

As the primary investigative agency of the federal government, th

Bureau of Investigation (FBI) has the authority and responsibility to in

all violations of federal law that are not exclusively assigned to anothe

agency. The FBI is further vested by law and by Presidential directive

primary role in carrying out investigations within the United States of 

the national security. This includes the lead domestic role in investiga

international terrorist threats to the United States, and in conducting 

counterintelligence activities to meet foreign entities’ espionage and i

efforts directed against the United States. The FBI is also vested with 

functions in collecting foreign intelligence as a member agency of the 

Intelligence Community. The FBI accordingly plays crucial roles in t

enforcement of federal law and the proper administration of justice in 

States, in the protection of the national security, and in obtaining infor

needed by the United States for the conduct of its foreign affairs. The

reflect the wide range of the FBI’s current responsibilities and obligat

require the FBI to be both an agency that effectively detects, investiga

prevents crimes, and an agency that effectively protects the national se

collects intelligence. 

The general objective of these Guidelines is the full utilization of 

authorities and investigative methods, consistent with the Constitution 

856
 
unnecessary intrusions into the lives of law-abiding people. The purp

Guidelines, therefore, is to establish consistent policy in such matters. 

enable the FBI to perform its duties with effectiveness, certainty, and 

and will provide the American people with a firm assurance that the F

properly under the law. 

The issuance of these Guidelines represents the culmination of the 

evolution of the FBI and the policies governing its domestic operation

subsequent to the September 11, 2001, terrorist attacks on the United 

Reflecting decisions and directives of the President and the Attorney G

inquiries and enactments of Congress, and the conclusions of national 

commissions, it was recognized that the FBI’s functions needed to be 

and better integrated to meet contemporary realities: 

[C]ontinuing coordination . . . is necessary to optimize the FB

performance in both national security and criminal investigati

[The] new reality requires first that the FBI and other agencie

better job of gathering intelligence inside the United States, an

that we eliminate the remnants of the old “wall” between fore

intelligence and domestic law enforcement. Both tasks must b

accomplished without sacrificing our domestic liberties and th

law, and both depend on building a very different FBI from th

had on September 10, 2001. (Report of the Commission on th

Intelligence Capabilities of the United States Regarding Weap

Mass Destruction 466, 452 (2005).) 

In line with these objectives, the FBI has reorganized and reorient

programs and missions, and the guidelines issued by the Attorney Gen

FBI operations have been extensively revised over the past several ye

Nevertheless, the principal directives of the Attorney General governi

FBI’s conduct of criminal investigations, national security investigatio

foreign intelligence collection have persisted as separate documents in

different standards and procedures for comparable activities. These G

effect a more complete integration and harmonization of standards, th

providing the FBI and other affected Justice Department components 

clearer, more consistent, and more accessible guidance for their activi

857
 
 

policy. 

The broad operational areas addressed by these Guidelines are the 

conduct of investigative and intelligence gathering activities, includin

cooperation and coordination with other components and agencies in 

activities, and the intelligence analysis and planning functions of the F

A. FBI RESPONSIBILITIES – FEDERAL CRIMES, THREATS 

NATIONAL SECURITY, FOREIGN INTELLIGENCE 

Part II of these Guidelines authorizes the FBI to carry out investig

detect, obtain information about, or prevent or protect against federal 

threats to the national security or to collect foreign intelligence. The m

subject areas of information gathering activities under these Guideline

crimes, threats to the national security, and foreign intelligence – are n

but rather overlap extensively. For example, an investigation relating 

international terrorism will invariably crosscut these areas because int

terrorism is included under these Guidelines’ definition of “threat to th

security,” because international terrorism subject to investigation with

United States usually involves criminal acts that violate federal law, a

information relating to international terrorism also falls within the def

“foreign intelligence.” Likewise, counterintelligence activities relatin

espionage are likely to concern matters that constitute threats to the na

security, that implicate violations or potential violations of federal esp

laws, and that involve information falling under the definition of “fore

intelligence.” 

While some distinctions in the requirements and procedures for 

investigations are necessary in different subject areas, the general desi

Guidelines is to take a uniform approach wherever possible, thereby p

certainty and consistency regarding the applicable standards and facili

compliance with those standards. Hence, these Guidelines do not requ

FBI’s information gathering activities be differentially labeled as “crim

investigations,” “national security investigations,” or “foreign intellig

collections,” or that the categories of FBI personnel who carry out inv

be segregated from each other based on the subject areas in which the

858
 
intelligence. 

1. Federal Crimes 

The FBI has the authority to investigate all federal crimes that are 

exclusively assigned to other agencies. In most ordinary criminal inv

the immediate objectives include such matters as: determining whethe

crime has occurred or is occurring, or if planning or preparation for su

is taking place; identifying, locating, and apprehending the perpetrato

obtaining the evidence needed for prosecution. Hence, close cooperat

coordination with federal prosecutors in the United States Attorneys’ 

the Justice Department litigating divisions are essential both to ensure 

have the investigative tools and legal advice at their disposal for whic

prosecutorial assistance or approval is needed, and to ensure that inve

are conducted in a manner that will lead to successful prosecution. Pr

many parts of these Guidelines establish procedures and requirements 

coordination. 

2. Threats to the National Security 

The FBI’s authority to investigate threats to the national security d

from the executive order concerning U.S. intelligence activities, from 

of functions by the Attorney General, and from various statutory sour

e.g., E.O. 12333; 50 U.S.C. 401 et seq.; 50 U.S.C. 1801 et seq. These 

(Part VII.S) specifically define threats to the national security to mean

international terrorism; espionage and other intelligence activities, sab

assassination, conducted by, for, or on behalf of foreign powers, organ

persons; foreign computer intrusion; and other matters determined by 

Attorney General, consistent with Executive Order 12333 or any succ

Activities within the definition of “threat to the national security” 

subject to investigation under these Guidelines commonly involve vio

potential violations) of federal criminal laws. Hence, investigations o

threats may constitute an exercise both of the FBI’s criminal investiga

authority and of the FBI’s authority to investigate threats to the nation

As with criminal investigations generally, detecting and solving the cr

eventually arresting and prosecuting the perpetrators, are likely to be a

objectives of investigations relating to threats to the national security. 

859
 
 

securing targets of terrorism or espionage; providing threat informatio

warnings to other federal, state, local, and private agencies and entitie

diplomatic or military actions; and actions by other intelligence agenc

counter international terrorism or other national security threats. 

In line with this broad range of purposes, investigations of threats 

national security present special needs to coordinate with other Justice 

Department components, including particularly the Justice Departmen

National Security Division, and to share information and cooperate w

agencies with national security responsibilities, including other agenc

U.S. Intelligence Community, the Department of Homeland Security, 

relevant White House (including National Security Council and Home

Security Council) agencies and entities. Various provisions in these G

establish procedures and requirements to facilitate such coordination. 

3. Foreign Intelligence 

As with the investigation of threats to the national security, the FB

authority to collect foreign intelligence derives from a mixture of adm

and statutory sources. See, e.g., E.O. 12333; 50 U.S.C. 401 et seq.; 50 

1801 et seq.; 28 U.S.C. 532 note (incorporating P.L. 108-458 §§ 2001

These Guidelines (Part VII.E) define foreign intelligence to mean “inf

relating to the capabilities, intentions, or activities of foreign governm

elements thereof, foreign organizations or foreign persons, or internat

terrorists.” 

The FBI’s foreign intelligence collection activities have been exp

legislative and administrative reforms subsequent to the September 11

terrorist attacks, reflecting the FBI’s role as the primary collector of fo

intelligence within the United States, and the recognized imperative th

United States’ foreign intelligence collection activities become more f

more proactive, and more efficient in order to protect the homeland an

adequately inform the United States’ crucial decisions in its dealings w

of the world: 

The collection of information is the foundation of everything 

Intelligence Community does. While successful collection ca

860
 
Destruction 351 (2005).) 

These Guidelines accordingly provide standards and procedures for th

foreign intelligence collection activities that meet current needs and re

optimize the FBI’s ability to discharge its foreign intelligence collecti

functions. 

The authority to collect foreign intelligence extends the sphere of 

information gathering activities beyond federal crimes and threats to t

security, and permits the FBI to seek information regarding a broader 

matters relating to foreign powers, organizations, or persons that may 

interest to the conduct of the United States’ foreign affairs. The FBI’s 

central to the effective collection of foreign intelligence within the Un

because the authorized domestic activities of other intelligence agenci

constrained than those of the FBI under applicable statutes and Execu

12333. In collecting foreign intelligence, the FBI will generally be gu

nationally-determined intelligence requirements, including the Nation

Intelligence Priorities Framework and the National HUMINT Collecti

Directives, or any successor directives issued under the authority of th

of National Intelligence (DNI). As provided in Part VII.F of these Gu

foreign intelligence requirements may also be established by the Presi

Intelligence Community officials designated by the President, and by 

Attorney General, the Deputy Attorney General, or an official designa

Attorney General. 

The general guidance of the FBI’s foreign intelligence collection 

DNI-authorized requirements does not, however, limit the FBI’s autho

conduct investigations supportable on the basis of its other authorities 

investigate federal crimes and threats to the national security – in area

the information sought also falls under the definition of foreign intelli

FBI conducts investigations of federal crimes and threats to the nation

based on priorities and strategic objectives set by the Department of Ju

the FBI, independent of DNI-established foreign intelligence collectio

requirements. 

861
 
criminal activities or threats to the national security. 

B. THE FBI AS AN INTELLIGENCE AGENCY 

The FBI is an intelligence agency as well as a law enforcement ag

basic functions accordingly extend beyond limited investigations of d

matters, and include broader analytic and planning functions. The FB

responsibilities in this area derive from various administrative and sta

sources. See, e.g., E.O. 12333; 28 U.S.C. 532 note (incorporating P.L

§§ 2001-2003) and 534 note (incorporating P.L. 109-162 § 1107). 

Enhancement of the FBI’s intelligence analysis capabilities and fu

consistently been recognized as a key priority in the legislative and 

administrative reform efforts following the September 11, 2001, terro

[Counterterrorism] strategy should . . . encompass specific eff

enhance the depth and quality of domestic intelligence collect

analysis . . . . [T]he FBI should strengthen and improve its do

[intelligence] capability as fully and expeditiously as possible 

immediately instituting measures to . . . significantly improve 

analytical capabilities . . . . (Joint Inquiry into Intelligence Co

Activities Before and After the Terrorist Attacks of Septembe

S. Rep. No. 351 & H.R. Rep. No. 792, 107th Cong., 2d Sess. 

(errata print).) 

A “smart” government would integrate all sources of informa

the enemy as a whole. Integrated all-source analysis should a

and shape strategies to collect more intelligence. . . . The imp

integrated, all-source analysis cannot be overstated. Without 

possible to “connect the dots.” (Final Report of the National 

Commission on Terrorist Attacks Upon the United States 401

(2004).) 

Part IV of these Guidelines accordingly authorizes the FBI to eng

intelligence analysis and planning, drawing on all lawful sources of in

The functions authorized under that Part include: (i) development of o

862
 
 

C. OVERSIGHT 

The activities authorized by these Guidelines must be conducted i

consistent with all applicable laws, regulations, and policies, including 

protecting privacy and civil liberties. The Justice Department’s Natio

Security Division and the FBI’s Inspection Division, Office of Genera

and Office of Integrity and Compliance, along with other components

responsibility to ensure that the Department meets these goals with re

national security and foreign intelligence matters. In particular, the N

Security Division’s Oversight Section, in conjunction with the FBI’s O

General Counsel, is responsible for conducting regular reviews of all 

FBI national security and foreign intelligence activities. These review

conducted at FBI field offices and headquarter units, broadly examine 

activities for compliance with these Guidelines and other applicable 

requirements. 

Various features of these Guidelines facilitate the National Securi

Division’s oversight functions. Relevant requirements and provisions 

required notification by the FBI to the National Security Division con

investigations that involve foreign intelligence collection or investigat

United States persons in relation to threats of the national security, (ii) 

reports by the FBI to the National Security Division concerning the FB

intelligence collection program, including information on the scope an

foreign intelligence collection activities in each FBI field office, and (

by the National Security Division to information obtained by the FBI 

national security or foreign intelligence activities and general authorit

Assistant Attorney General for National Security to obtain reports from 

concerning these activities. 

Pursuant to these Guidelines, other Attorney General guidelines, a

institutional assignments of responsibility within the Justice Departme

additional Department components – including the Criminal Division

States Attorneys’ Offices, and the Office of Privacy and Civil Libertie

involved in the common endeavor with the FBI of ensuring that the ac

all Department components are lawful, appropriate, and ethical as wel

863
 
 

 

threats. These requirements and procedures help to ensure that the rul

respected in the Department’s activities and that public confidence is 

in these activities. 

I. GENERAL AUTHORITIES AND PRINCIPLES 

A. SCOPE 

These Guidelines apply to investigative activities conducted by th

within the United States or outside the territories of all countries. 

not apply to investigative activities of the FBI in foreign countries

governed by the Attorney General’s Guidelines for Extraterritoria

Operations. 

B. GENERAL AUTHORITIES 

1.	 The FBI is authorized to conduct investigations to detect, 

information about, and prevent and protect against federa

and threats to the national security and to collect foreign i

as provided in Part II of these Guidelines. 

2. The FBI is authorized to provide investigative assistance 

federal agencies, state, local, or tribal agencies, and foreig

as provided in Part III of these Guidelines. 

3.	 The FBI is authorized to conduct intelligence analysis and 

as provided in Part IV of these Guidelines. 

4.	 The FBI is authorized to retain and share information obta

pursuant to these Guidelines as provided in Part VI of the

Guidelines. 

C. USE OF AUTHORITIES AND METHODS 

1. Protection of the United States and Its People 

The FBI shall fully utilize the authorities provided and the 

authorized by these Guidelines to protect the United State

people from crimes in violation of federal law and threats 

national security, and to further the foreign intelligence ob

the United States. 

864
 
liberties of individuals and potential damage to re

The least intrusive method feasible is to be used i

situations. It is recognized, however, that the cho

methods is a matter of judgment. The FBI shall n

to use any lawful method consistent with these G

even if intrusive, where the degree of intrusivene

warranted in light of the seriousness of a criminal 

security threat or the strength of the information i

its existence, or in light of the importance of forei

intelligence sought to the United States’ interests

is to be particularly observed in investigations rel

terrorism. 

b.	 United States persons shall be dealt with openly a

consensually to the extent practicable when collec

foreign intelligence that does not concern crimina

or threats to the national security. 

3.	 Respect for Legal Rights 

All activities under these Guidelines must have a valid pu

consistent with these Guidelines, and must be carried out 

conformity with the Constitution and all applicable statute

executive orders, Department of Justice regulations and p

Attorney General guidelines. These Guidelines do not au

investigating or collecting or maintaining information on 

States persons solely for the purpose of monitoring activit

protected by the First Amendment or the lawful exercise o

rights secured by the Constitution or laws of the United S

These Guidelines also do not authorize any conduct prohi

Guidance Regarding the Use of Race by Federal Law Enf

Agencies. 

4. Undisclosed Participation in Organizations 

Undisclosed participation in organizations in activities un

Guidelines shall be conducted in accordance with FBI pol

approved by the Attorney General. 

5. Maintenance of Records under the Privacy Act 

The Privacy Act restricts the maintenance of records relat

certain activities of individuals who are United States per

865
 
Guidelines, however, do not provide an exhaustive enume

authorized FBI law enforcement activities or FBI activitie

there is otherwise statutory authority, and no restriction is 

with respect to such activities carried out by the FBI pursu

other authorities. Further questions about the application 

Privacy Act to authorized activities of the FBI should be a

the FBI Office of the General Counsel, the FBI Privacy an

Liberties Unit, or the Department of Justice Office of Priv

Civil Liberties. 

D. NATURE AND APPLICATION OF THE GUIDELINES 

1. Repealers 

These Guidelines supersede the following guidelines, whi

hereby repealed: 

a. The Attorney General’s Guidelines on General C

Racketeering Enterprise and Terrorism Enterprise 

Investigations (May 30, 2002) and all predecesso

thereto. 

b. The Attorney General’s Guidelines for FBI Natio

Security Investigations and Foreign Intelligence C

(October 31, 2003) and all predecessor guidelines 

c. The Attorney General’s Supplemental Guidelines 

Collection, Retention, and Dissemination of Fore

Intelligence (November 29, 2006). 

d.	 The Attorney General Procedure for Reporting an

Information Concerning Violations of Law and 

Authorization for Participation in Otherwise Illeg

in FBI Foreign Intelligence, Counterintelligence o

International Terrorism Intelligence Investigation

8, 1988). 

e. The Attorney General’s Guidelines for Reporting 

Disorders and Demonstrations Involving a Federa

(April 5, 1976). 

2.	 Status as Internal Guidance 

These Guidelines are set forth solely for the purpose of in

Department of Justice guidance. They are not intended to

866
 
 

of the FBI, by the Deputy Director of the FBI, or by an Ex

Assistant Director designated by the Director. If a depart

necessary without such prior approval because of the imm

gravity of a threat to the safety of persons or property or t

national security, the Director, the Deputy Director, or a d

Executive Assistant Director shall be notified as soon ther

practicable. The FBI shall provide timely written notice o

departures from these Guidelines to the Criminal Division 

National Security Division, and those divisions shall notif

Attorney General and the Deputy Attorney General. 

Notwithstanding this paragraph, all activities in all circum

must be carried out in a manner consistent with the Const

laws of the United States. 

4. Other Activities Not Limited 

These Guidelines apply to FBI activities as provided here

not limit other authorized activities of the FBI, such as the 

responsibilities to conduct background checks and inquiri

concerning applicants and employees under federal perso

security programs, the FBI’s maintenance and operation o

criminal records systems and preparation of national crim

and the forensic assistance and administration functions o

Laboratory. 

II. INVESTIGATIONS AND INTELLIGENCE GATHERIN

This Part of the Guidelines authorizes the FBI to conduct investig

detect, obtain information about, and prevent and protect against feder

and threats to the national security and to collect foreign intelligence. 

When an authorized purpose exists, the focus of activities authoriz

Part may be whatever the circumstances warrant. The subject of such 

may be, for example, a particular crime or threatened crime; conduct c

a threat to the national security; an individual, group, or organization t

involved in criminal or national security-threatening conduct; or a top

of foreign intelligence interest. 

867
 
exercise of the authorities conveyed by these Guidelines. Likewise, F

counterintelligence activities directed to identifying and securing facil

personnel, or information that may be targeted for infiltration, recruitm

acquisition by foreign intelligence services are authorized exercises of 

authorities conveyed by these Guidelines. 

The identification and recruitment of human sources – who may b

provide or obtain information relating to criminal activities, informati

to terrorism, espionage, or other threats to the national security, or inf

relating to matters of foreign intelligence interest – is also critical to th

effectiveness of the FBI’s law enforcement, national security, and inte

programs, and activities undertaken for this purpose are authorized an

encouraged. 

The scope of authorized activities under this Part is not limited to 

“investigation” in a narrow sense, such as solving particular cases or o

evidence for use in particular criminal prosecutions. Rather, these act

provide critical information needed for broader analytic and intelligen

to facilitate the solution and prevention of crime, protect the national 

and further foreign intelligence objectives. These purposes include us

information in intelligence analysis and planning under Part IV, and 

dissemination of the information to other law enforcement, Intelligenc

Community, and White House agencies under Part VI. Information o

all stages of investigative activity is accordingly to be retained and dis

for these purposes as provided in these Guidelines, or in FBI policy co

with these Guidelines, regardless of whether it furthers investigative o

a narrower or more immediate sense. 

In the course of activities under these Guidelines, the FBI may inc

obtain information relating to matters outside of its areas of primary in

responsibility. For example, information relating to violations of state 

law or foreign law may be incidentally obtained in the course of inves

federal crimes or threats to the national security or in collecting foreig

intelligence. These Guidelines do not bar the acquisition of such info

the course of authorized investigative activities, the retention of such 

information, or its dissemination as appropriate to the responsible auth

868
 
the methods utilized and the information sought to the nature of the m

investigation and the character of the information supporting the need 

investigation. 

Assessments, authorized by Subpart A of this Part, require an auth

purpose but not any particular factual predication. For example, to ca

central mission of preventing the commission of terrorist acts against 

States and its people, the FBI must proactively draw on available sour

information to identify terrorist threats and activities. It cannot be con

for leads to come in through the actions of others, but rather must be v

detecting terrorist activities to the full extent permitted by law, with an 

towards early intervention and prevention of acts of terrorism before t

Likewise, in the exercise of its protective functions, the FBI is not con

wait until information is received indicating that a particular event, ac

facility has drawn the attention of those who would threaten the nation

Rather, the FBI must take the initiative to secure and protect activities 

entities whose character may make them attractive targets for terrorism 

espionage. The proactive investigative authority conveyed in assessm

designed for, and may be utilized by, the FBI in the discharge of these 

responsibilities. For example, assessments may be conducted as part 

special events management activities. 

More broadly, detecting and interrupting criminal activities at the

stages, and preventing crimes from occurring in the first place, is pref

allowing criminal plots and activities to come to fruition. Hence, asse

may be undertaken proactively with such objectives as detecting crim

activities; obtaining information on individuals, groups, or organizatio

possible investigative interest, either because they may be involved in 

national security-threatening activities or because they may be targete

or victimization by such activities; and identifying and assessing indiv

may have value as human sources. For example, assessment activities 

involve proactively surfing the Internet to find publicly accessible web

services through which recruitment by terrorist organizations and prom

terrorist crimes is openly taking place; through which child pornograp

advertised and traded; through which efforts are made by sexual preda

869
 
These Guidelines do not impose supervisory approval requirements in 

assessments, given the types of techniques that are authorized at this s

perusing the Internet for publicly available information). However, F

will prescribe supervisory approval requirements for certain assessme

considering such matters as the purpose of the assessment and the met

utilized. 

Beyond the proactive information gathering functions described a

assessments may be used when allegations or other information conce

crimes or threats to the national security is received or obtained, and t

can be checked out or resolved through the relatively non-intrusive m

authorized in assessments. The checking of investigative leads in this 

can avoid the need to proceed to more formal levels of investigative a

the results of an assessment indicate that further investigation is not w

Subpart B of this Part authorizes a second level of investigative ac

predicated investigations. The purposes or objectives of predicated 

investigations are essentially the same as those of assessments, but pre

provided in these Guidelines is needed – generally, allegations, report

circumstances indicative of possible criminal or national security-thre

activity, or the potential for acquiring information responsive to foreig

intelligence requirements – and supervisory approval must be obtaine

predicated investigations. Corresponding to the stronger predication a

approval requirements, all lawful methods may be used in predicated 

investigations. A classified directive provides further specification co

circumstances supporting certain predicated investigations. 

Predicated investigations that concern federal crimes or threats to 

national security are subdivided into preliminary investigations and fu

investigations. Preliminary investigations may be initiated on the bas

allegation or information indicative of possible criminal or national se

threatening activity, but more substantial factual predication is require

investigations. While time limits are set for the completion of prelimi

investigations, full investigations may be pursued without preset limit

duration. 

870
 
 

characteristic of enterprise investigations is that they concern groups o

organizations that may be involved in the most serious criminal or nat

security threats to the public – generally, patterns of racketeering activ

terrorism or other threats to the national security, or the commission o

characteristically involved in terrorism as described in 18 U.S.C. 2332

A broad examination of the characteristics of groups satisfying these c

authorized in enterprise investigations, including any relationship of th

a foreign power, its size and composition, its geographic dimensions a

finances, its past acts and goals, and its capacity for harm. 

A. ASSESSMENTS 

1. Purposes 

Assessments may be carried out to detect, obtain informa

or prevent or protect against federal crimes or threats to th

security or to collect foreign intelligence. 

2. Approval 

The conduct of assessments is subject to any supervisory 

requirements prescribed by FBI policy. 

3. Authorized Activities 

Activities that may be carried out for the purposes describ

paragraph 1. in an assessment include: 

a. seeking information, proactively or in response to 

investigative leads, relating to: 

i. activities constituting violations of federa

law or threats to the national security, 

ii. the involvement or role of individuals, gr

organizations in such activities; or 

iii. matters of foreign intelligence interest res

foreign intelligence requirements; 

b.	 identifying and obtaining information about poten

of or vulnerabilities to criminal activities in viola

federal law or threats to the national security; 

c. seeking information to identify potential human s

assess the suitability, credibility, or value of indiv

human sources, validate human sources, or maint

cover or credibility of human sources, who may b

871
 
 

 

 

4. Authorized Methods 

Only the following methods may be used in assessments: 

a. Obtain publicly available information. 

b.	 Access and examine FBI and other Department o

records, and obtain information from any FBI or 

Department of Justice personnel. 

c. Access and examine records maintained by, and r

information from, other federal, state, local, or tri

foreign governmental entities or agencies. 

d. Use online services and resources (whether nonpr

commercial). 

e. Use and recruit human sources in conformity with 

Attorney General’s Guidelines Regarding the Use 

Confidential Human Sources. 

f. Interview or request information from members o

and private entities. 

g. Accept information voluntarily provided by gove

private entities. 

h. Engage in observation or surveillance not requirin

order. 

i. Grand jury subpoenas for telephone or electronic 

subscriber information. 

B. PREDICATED INVESTIGATIONS 

1. Purposes 

Predicated investigations may be carried out to detect, ob

information about, or prevent or protect against federal cr

threats to the national security or to collect foreign intellig

2. Approval 

The initiation of a predicated investigation requires super

approval at a level or levels specified by FBI policy. A p

investigation based on paragraph 3.c. (relating to foreign 

intelligence) must be approved by a Special Agent in Cha

an FBI Headquarters official as provided in such policy. 

872
 
 

obtain information relating to the activity or the in

or role of an individual, group, or organization in 

activity. 

b.	 An individual, group, organization, entity, inform

property, or activity is or may be a target of attack

victimization, acquisition, infiltration, or recruitm

connection with criminal activity in violation of f

or a threat to the national security and the investig

obtain information that would help to protect aga

activity or threat. 

c. The investigation may obtain foreign intelligence 

responsive to a foreign intelligence requirement. 

4.	 Preliminary and Full Investigations 

A predicated investigation relating to a federal crime 

the national security may be conducted as a prelimina

investigation or a full investigation. A predicated inv

that is based solely on the authority to collect foreign 

may be conducted only as a full investigation. 

a. Preliminary investigations 

i. Predication Required for Preliminary 

Investigations 

A preliminary investigation may be initia

basis of information or an allegation indic

existence of a circumstance described in 

3.a.-.b. 

ii. Duration of Preliminary Investigations 

A preliminary investigation must be conc

within six months of its initiation, which 

extended by up to six months by the Spec

in Charge. Extensions of preliminary inv

beyond a year must be approved by FBI 

Headquarters. 

iii. Methods Allowed in Preliminary Inves

All lawful methods may be used in a prel

investigation except for methods within t

Part V.A.11.-.13. of these Guidelines. 

873 
 

described in paragraph 3.c. exists. 

ii. Methods Allowed in Full Investigations 

All lawful methods may be used in a full 

investigation. 

5. Notice Requirements 

a. An FBI field office shall notify FBI Headquarters 

United States Attorney or other appropriate Depa

Justice official of the initiation by the field office 

predicated investigation involving a sensitive inv

matter. If the investigation is initiated by FBI He

FBI Headquarters shall notify the United States A

other appropriate Department of Justice official o

initiation of such an investigation. If the investig

concerns a threat to the national security, an offic

National Security Division must be notified. The 

shall identify all sensitive investigative matters in

the investigation. 

b.	 The FBI shall notify the National Security Divisio

i. the initiation of any full investigation of a 

States person relating to a threat to the na

security; and 

ii. the initiation of any full investigation tha

on paragraph 3.c. (relating to foreign inte

c. The notifications under subparagraphs a. and b. s

made as soon as practicable, but no later than 30 

the initiation of an investigation. 

d. The FBI shall notify the Deputy Attorney Genera

Headquarters disapproves a field office’s initiatio

predicated investigation relating to a threat to the 

security on the ground that the predication for the 

investigation is insufficient. 

C. ENTERPRISE INVESTIGATIONS 

1. Definition 

A full investigation of a group or organization may be ini

enterprise investigation if there is an articulable factual ba

874
 
security; 

c. domestic terrorism as defined in 18 U.S.C. 2331(

involving a violation of federal criminal law; 

d.	 furthering political or social goals wholly or in pa

activities that involve force or violence and a viol

federal criminal law; or 

e. an offense described in 18 U.S.C. 2332b(g)(5)(B) 

U.S.C. 43. 

2. Scope 

The information sought in an enterprise investigation may 

general examination of the structure, scope, and nature of 

or organization including: its relationship, if any, to a fore

the identity and relationship of its members, employees, o

persons who may be acting in furtherance of its objective

finances and resources; its geographical dimensions; and 

future activities and goals. 

3. Notice and Reporting Requirements 

a. The responsible Department of Justice componen

purpose of notification and reports in enterprise 

investigations is the National Security Division, e

for the purpose of notifications and reports in an e

investigation relating to a pattern of racketeering 

does not involve an offense or offenses described 

U.S.C. 2332b(g)(5)(B), the responsible Departme

Justice component is the Organized Crime and Ra

Section of the Criminal Division. 

b.	 An FBI field office shall notify FBI Headquarters 

initiation by the field office of an enterprise inves

c. The FBI shall notify the National Security Divisio

Organized Crime and Racketeering Section of the 

of an enterprise investigation, whether by a field 

FBI Headquarters, and the component so notified 

the Attorney General and the Deputy Attorney Ge

FBI shall also notify any relevant United States A

Office, except that any investigation within the sc

VI.D.1.d of these Guidelines (relating to counteri

875
 
 

 

appropriate, may at any time request the FBI to p

report on the status of an enterprise investigation 

will provide such reports as requested. 

III. ASSISTANCE TO OTHER AGENCIES 

The FBI is authorized to provide investigative assistance to other 

state, local, or tribal, or foreign agencies as provided in this Part. 

The investigative assistance authorized by this Part is often conce

the same objectives as those identified in Part II of these Guidelines – 

investigating federal crimes and threats to the national security, and co

foreign intelligence. In some cases, however, investigative assistance 

agencies is legally authorized for purposes other than those identified 

such as assistance in certain contexts to state or local agencies in the 

investigation of crimes under state or local law, see 28 U.S.C. 540, 54

and assistance to foreign agencies in the investigation of foreign law v

pursuant to international agreements. Investigative assistance for such 

authorized purposes is permitted under this Part, even if it is not for pu

identified as grounds for investigation under Part II. 

The authorities provided by this Part are cumulative to Part II and 

limit the FBI’s investigative activities under Part II. For example, Sub

this Part authorizes investigative activities by the FBI in certain circum

inform decisions by the President concerning the deployment of troop

with civil disorders, and Subpart B.3 authorizes investigative activitie

facilitate demonstrations and related public health and safety measure

requirements and limitations in these provisions for conducting invest

the specified purposes do not limit the FBI’s authority under Part II to 

federal crimes or threats to the national security that occur in the conte

connection with civil disorders or demonstrations. 

A. THE INTELLIGENCE COMMUNITY 

The FBI may provide investigative assistance (including operation

to authorized intelligence activities of other Intelligence Commun

agencies. 

876
 
 

 

 

authorized, including investigative assistance to the Secre

support of its protective responsibilities. 

2. The President in Relation to Civil Disorders 

a. At the direction of the Attorney General, the Dep

Attorney General, or the Assistant Attorney Gene

Criminal Division, the FBI shall collect informati

to actual or threatened civil disorders to assist the 

in determining (pursuant to the authority of the Pr

under 10 U.S.C. 331-33) whether use of the arme

militia is required and how a decision to commit 

should be implemented. The information sought 

concern such matters as: 

i. The size of the actual or threatened disord

number of people involved or affected an

geographic area. 

ii. The potential for violence. 

iii. The potential for expansion of the disorde

of community conditions and underlying 

the disorder. 

iv. The relationship of the actual or threatene

to the enforcement of federal law or cour

the likelihood that state or local authoritie

assist in enforcing those laws or orders. 

v. The extent of state or local resources avai

handle the disorder. 

b.	 Investigations under this paragraph will be author

for a period of 30 days, but the authorization may 

renewed for subsequent 30 day periods. 

c. Notwithstanding Subpart E.2 of this Part, the met

may be used in an investigation under this paragr

those described in subparagraphs a.-.d., subparagr

(other than pretext interviews or requests), or sub

g. of Part II.A.4 of these Guidelines. The Attorne

the Deputy Attorney General, or the Assistant Att

General for the Criminal Division may also autho

of other methods described in Part II.A.4. 

877 
 

 

 

federal government to take action to facilitate the 

and provide public health and safety measures wi

to those activities. The information sought in suc

investigation shall be that needed to facilitate an a

federal response to ensure public health and safet

protect the exercise of First Amendment rights, su

i. The time, place, and type of activities pla

ii. The number of persons expected to partic

iii. The expected means and routes of travel 

participants and expected time of arrival. 

iv. Any plans for lodging or housing of parti

connection with the demonstration. 

b.	 Notwithstanding Subpart E.2 of this Part, the met

may be used in an investigation under this paragr

those described in subparagraphs a.-.d., subparagr

(other than pretext interviews or requests), or sub

g. of Part II.A.4 of these Guidelines. The Attorne

the Deputy Attorney General, or the Assistant Att

General for the Criminal Division may also autho

of other methods described in Part II.A.4. 

C. STATE, LOCAL, OR TRIBAL AGENCIES 

The FBI may provide investigative assistance to state, local, or tri

agencies in the investigation of matters that may involve federal c

threats to the national security, or for such other purposes as may 

authorized. 

D. FOREIGN AGENCIES 

1. At the request of foreign law enforcement, intelligence, o

agencies, the FBI may conduct investigations or provide a

to investigations by such agencies, consistent with the int

United States (including national security interests) and w

consideration of the effect on any United States person. 

Investigations or assistance under this paragraph must be 

as provided by FBI policy. The FBI shall notify the Natio

Security Division concerning investigation or assistance u

878
 
 

 

 

with the Central Intelligence Agency by the FBI in memo

understanding or agreements with the Central Intelligence 

may also apply to activities under this paragraph. 

2.	 The FBI may not provide assistance to foreign law enforc

intelligence, or security officers conducting investigations 

United States unless such officers have provided prior no

the Attorney General as required by 18 U.S.C. 951. 

3.	 The FBI may conduct background inquiries concerning co

individuals when requested by foreign government agenc

4. The FBI may provide other material and technical assistan

foreign governments to the extent not otherwise prohibite

E. APPLICABLE STANDARDS AND PROCEDURES 

1. Authorized investigative assistance by the FBI to other ag

under this Part includes joint operations and activities wit

agencies. 

2. All lawful methods may be used in investigative assistanc

under this Part. 

3. Where the methods used in investigative assistance activi

this Part go beyond the methods authorized in assessment

Part II.A.4 of these Guidelines, the following apply: 

a. Supervisory approval must be obtained for the ac

level or levels specified in FBI policy. 

b. Notice must be provided concerning sensitive inv

matters in the manner described in Part II.B.5. 

c. A database or records system must be maintained 

permits, with respect to each such activity, the pr

retrieval of the status of the activity (open or clos

dates of opening and closing, and the basis for the 

This database or records system may be combine

database or records system for predicated investig

required by Part VI.A.2. 

879
 
intelligence analysis and strategic planning, the FBI can more effectiv

discover crimes, threats to the national security, and other matters of n

intelligence interest and can provide the critical support needed for the 

discharge of its investigative responsibilities and other authorized acti

example, analysis of threats in the context of special events managem

concerning public events or activities that may be targeted for terroris

an authorized activity under this Part. 

In carrying out its intelligence functions under this Part, the FBI i

to draw on all lawful sources of information, including but not limited 

results of investigative activities under these Guidelines. Investigativ

under these Guidelines and other legally authorized activities through 

FBI acquires information, data, or intelligence may properly be utilize

structured, and prioritized so as to support and effectuate the FBI’s int

mission. The remainder of this Part provides further specification con

activities and functions authorized as part of that mission. 

A. STRATEGIC INTELLIGENCE ANALYSIS 

The FBI is authorized to develop overviews and analyses of threa

vulnerabilities of the United States and its interests in areas relate

FBI’s responsibilities, including domestic and international crimin

and activities; domestic and international activities, circumstances

developments affecting the national security; and matters relevant 

conduct of the United States’ foreign affairs. The overviews and 

prepared under this Subpart may encompass present, emergent, an

threats and vulnerabilities, their contexts and causes, and identific

analysis of means of responding to them. 

B. REPORTS AND ASSESSMENTS GENERALLY 

The FBI is authorized to conduct research, analyze information, a

reports and assessments concerning matters relevant to authorized 

activities, such as reports and assessments concerning: types of cr

criminal activities; organized crime groups; terrorism, espionage, 

threats to the national security; foreign intelligence matters; or the 

nature of criminal activity in particular geographic areas or sector

economy. 

880
 
 

V. AUTHORIZED METHODS 

A. PARTICULAR METHODS 

All lawful investigative methods may be used in activities under t

Guidelines as authorized by these Guidelines. Authorized method

but are not limited to, those identified in the following list. The m

identified in the list are in some instances subject to special restric

review or approval requirements as noted: 

1. The methods described in Part II.A.4 of these Guidelines. 

2. Mail covers. 

3. Physical searches of personal or real property where a wa

court order is not legally required because there is no reas

expectation of privacy (e.g., trash covers). 

4.	 Consensual monitoring of communications, including con

computer monitoring, subject to legal review by the Chief 

Counsel or the FBI Office of the General Counsel. Wher

monitoring circumstance is involved, the monitoring mus

approved by the Criminal Division or, if the investigation 

threat to the national security or foreign intelligence, by th

Security Division. 

5.	 Use of closed-circuit television, direction finders, and oth

monitoring devices, subject to legal review by the Chief D

Counsel or the FBI Office of the General Counsel. (The m

described in this paragraph usually do not require court or

warrants unless they involve physical trespass or non-con

monitoring of communications, but legal review is necess

ensure compliance with all applicable legal requirements.

6. Polygraph examinations. 

7.	 Undercover operations. In investigations relating to activ

violation of federal criminal law that do not concern threa

national security or foreign intelligence, undercover opera

be carried out in conformity with the Attorney General’s 

on Federal Bureau of Investigation Undercover Operation

investigations that are not subject to the preceding sentenc

they concern threats to the national security or foreign int

881
 
 

 

436), and Foreign Intelligence Surveillance Act orders for 

production of tangible things (50 U.S.C. 1861-63). 

9. Accessing stored wire and electronic communications and 

transactional records in conformity with chapter 121 of tit

United States Code (18 U.S.C. 2701– 2712). 

10. Use of pen registers and trap and trace devices in conform

chapter 206 of title 18, United States Code (18 U.S.C. 312

or the Foreign Intelligence Surveillance Act (50 U.S.C. 1

11. Electronic surveillance in conformity with chapter 119 of 

United States Code (18 U.S.C. 2510-2522), the Foreign In

Surveillance Act, or Executive Order 12333 § 2.5. 

12. Physical searches, including mail openings, in conformity 

41 of the Federal Rules of Criminal Procedure, the Foreig

Intelligence Surveillance Act, or Executive Order 12333 § 

classified directive provides additional limitation on certa

13. Acquisition of foreign intelligence information in conform

title VII of the Foreign Intelligence Surveillance Act. 

B. SPECIAL REQUIREMENTS 

Beyond the limitations noted in the list above relating to particula

investigative methods, the following requirements are to be obser

1. Contacts with Represented Persons 

Contact with represented persons may implicate legal rest

and affect the admissibility of resulting evidence. Hence, 

individual is known to be represented by counsel in a part

matter, the FBI will follow applicable law and Departmen

concerning contact with represented individuals in the ab

prior notice to counsel. The Special Agent in Charge and 

States Attorney or their designees shall consult periodical

applicable law and Department procedure. Where issues 

concerning the consistency of contacts with represented p

applicable attorney conduct rules, the United States Attor

Office should consult with the Professional Responsibility 

Office. 

882
 
 

use of such technologies must be in conformity with the P

for the Use of Classified Investigative Technologies in Cr

Cases. 

C. OTHERWISE ILLEGAL ACTIVITY 

1. Otherwise illegal activity by an FBI agent or employee in 

undercover operation relating to activity in violation of fe

criminal law that does not concern a threat to the national 

foreign intelligence must be approved in conformity with 

Attorney General’s Guidelines on Federal Bureau of Inve

Undercover Operations. Approval of otherwise illegal ac

conformity with those guidelines is sufficient and satisfie

approval requirement that would otherwise apply under th

Guidelines. 

2. Otherwise illegal activity by a human source must be app

conformity with the Attorney General’s Guidelines Regar

Use of FBI Confidential Human Sources. 

3. Otherwise illegal activity by an FBI agent or employee th

within the scope of paragraph 1. must be approved by a U

Attorney’s Office or a Department of Justice Division, ex

Special Agent in Charge may authorize the following: 

a. otherwise illegal activity that would not be a felon

federal, state, local, or tribal law; 

b. consensual monitoring of communications, even 

under state, local, or tribal law; 

c. the controlled purchase, receipt, delivery, or sale 

stolen property, or other contraband; 

d.	 the payment of bribes; 

e. the making of false representations in concealmen

personal identity or the true ownership of a propr

f. conducting a money laundering transaction or tra

involving an aggregate amount not exceeding $1 

However, in an investigation relating to a threat to the 

security or foreign intelligence collection, a Special A

Charge may not authorize an activity that may constit

violation of export control laws or laws that concern t

883 
 

4. The following activities may not be authorized: 

a. Acts of violence. 

b. Activities whose authorization is prohibited by la

including unlawful investigative methods, such a

electronic surveillance or illegal searches. 

Subparagraph a., however, does not limit the right of 

or employees to engage in any lawful use of force, in

use of force in self-defense or defense of others or oth

the lawful discharge of their duties. 

5. An agent or employee may engage in otherwise illegal ac

could be authorized under this Subpart without the author

required by paragraph 3. if necessary to meet an immedia

the safety of persons or property or to the national securit

prevent the compromise of an investigation or the loss of 

significant investigative opportunity. In such a case, prio

engaging in the otherwise illegal activity, every effort sho

made by the agent or employee to consult with the Specia

Charge, and by the Special Agent in Charge to consult wi

United States Attorney’s Office or appropriate Departmen

Division where the authorization of that office or division 

required under paragraph 3., unless the circumstances pre

consultation. Cases in which otherwise illegal activity oc

pursuant to this paragraph without the authorization requi

paragraph 3. shall be reported as soon as possible to the S

Agent in Charge, and by the Special Agent in Charge to F

Headquarters and to the United States Attorney’s Office 

appropriate Department of Justice Division. 

6. In an investigation relating to a threat to the national secu

foreign intelligence collection, the National Security Divi

approving component for otherwise illegal activity for wh

paragraph 3. requires approval beyond internal FBI appro

However, officials in other components may approve othe

illegal activity in such investigations as authorized by the 

Attorney General for National Security. 

884
 
 

 

2. The FBI shall maintain a database or records system that 

with respect to each predicated investigation, the prompt 

the status of the investigation (open or closed), the dates o

and closing, and the basis for the investigation. 

B. INFORMATION SHARING GENERALLY 

1. Permissive Sharing 

Consistent with law and with any applicable agreements o

understandings with other agencies concerning the dissem

information they have provided, the FBI may disseminate 

information obtained or produced through activities under 

Guidelines: 

a. within the FBI and to other components of the De

of Justice; 

b. to other federal, state, local, or tribal agencies if r

their responsibilities and, in relation to other Intel

Community agencies, the determination whether 

information is related to the recipient’s responsib

be left to the recipient; 

c. to congressional committees as authorized by the 

Department of Justice Office of Legislative Affai

d. to foreign agencies if the information is related to 

responsibilities and the dissemination is consisten

interests of the United States (including national s

interests) and the FBI has considered the effect su

dissemination may reasonably be expected to hav

identifiable United States person; 

e. if the information is publicly available, does not i

United States persons, or is disseminated with the 

the person whom it concerns; 

f. if the dissemination is necessary to protect the saf

security of persons or property, to protect against 

a crime or threat to the national security, or to obt

information for the conduct of an authorized FBI 

investigation; or 

885
 
 

and Attorney General-approved policies, memoranda of 

understanding, or agreements. 

C. INFORMATION RELATING TO CRIMINAL MATTERS 

1.	 Coordination with Prosecutors 

In an investigation relating to possible criminal activity in 

of federal law, the agent conducting the investigation shal

periodic written or oral contact with the appropriate feder

prosecutor, as circumstances warrant and as requested by 

prosecutor. When, during such an investigation, a matter 

arguably to warrant prosecution, the agent shall present th

facts to the appropriate federal prosecutor. Information o

investigations that have been closed shall be available on 

United States Attorney or his or her designee or an approp

Department of Justice official. 

2. Criminal Matters Outside FBI Jurisdiction 

When credible information is received by an FBI field off

concerning serious criminal activity not within the FBI’s 

investigative jurisdiction, the field office shall promptly tr

information or refer the complainant to a law enforcemen

having jurisdiction, except where disclosure would jeopar

ongoing investigation, endanger the safety of an individua

the identity of a human source, interfere with a human sou

cooperation, or reveal legally privileged information. If f

disclosure is not made for the reasons indicated, then, wh

feasible, the FBI field office shall make at least limited di

a law enforcement agency or agencies having jurisdiction

disclosure shall be made as soon as the need for restrictin

is no longer present. Where full disclosure is not made to 

appropriate law enforcement agencies within 180 days, th

office shall promptly notify FBI Headquarters in writing o

and circumstances concerning the criminal activity. The 

make periodic reports to the Deputy Attorney General on 

nondisclosures and incomplete disclosures, in a form suit

protect the identity of human sources. 

886
 
 

 

in criminal activity in the course of an investigati

these Guidelines, the FBI shall proceed as provid

Attorney General’s Guidelines Regarding the Use 

Confidential Human Sources. When information 

possible criminal activity by any other person app

course of an investigation under these Guidelines

shall initiate an investigation of the criminal activ

warranted, and shall proceed as provided in parag

2. 

b.	 The reporting requirements under this paragraph 

criminal activity by FBI agents or employees or h

sources do not apply to otherwise illegal activity 

authorized in conformity with these Guidelines or 

Attorney General guidelines or to minor traffic of

D. INFORMATION RELATING TO NATIONAL SECURITY A

FOREIGN INTELLIGENCE MATTERS 

The general principle reflected in current laws and policies is that 

responsibility to provide information as consistently and fully as p

agencies with relevant responsibilities to protect the United States 

people from terrorism and other threats to the national security, ex

limited by specific constraints on such sharing. The FBI’s respon

this area include carrying out the requirements of the Memorandu

Understanding Between the Intelligence Community, Federal Law 

Enforcement Agencies, and the Department of Homeland Security 

Concerning Information Sharing (March 4, 2003), or any successo

memorandum of understanding or agreement. Specific requireme

exist for internal coordination and consultation with other Departm

Justice components, and for provision of national security and for

intelligence information to White House agencies, as provided in 

paragraphs. 

1. Department of Justice 

a. The National Security Division shall have access 

information obtained by the FBI through activitie

threats to the national security or foreign intellige

Director of the FBI and the Assistant Attorney Ge

887
 
 

Security may specially request under this subpara

FBI shall provide annual reports to the National S

Division concerning its foreign intelligence collec

program, including information concerning the sc

nature of foreign intelligence collection activities 

FBI field office. 

b. The FBI shall keep the National Security Division 

of all information obtained through activities und

Guidelines that is necessary to the ability of the U

States to investigate or protect against threats to t

security, which shall include regular consultation

the FBI and the National Security Division to exc

advice and information relevant to addressing suc

through criminal prosecution or other means. 

c. Subject to subparagraphs d. and e., relevant Unite

Attorneys’ Offices shall have access to and shall 

information from the FBI relating to threats to the 

security, and may engage in consultations with th

relating to such threats, to the same extent as the 

Security Division. The relevant United States At

Offices shall receive such access and information 

FBI field offices. 

d.	 In a counterintelligence investigation – i.e., an inv

relating to a matter described in Part VII.S.2 of th

Guidelines – the FBI’s provision of information t

consultation with a United States Attorney’s Offi

subject to authorization by the National Security 

In consultation with the Executive Office for Uni

Attorneys and the FBI, the National Security Div

establish policies setting forth circumstances in w

FBI will consult with the National Security Divis

informing relevant United States Attorneys’ Offic

such an investigation. The policies established by 

National Security Division under this subparagrap

(among other things) provide that: 

888
 
 

ii. the FBI may consult freely with United S

Attorneys’ Offices concerning investigati

the scope of this subparagraph during an 

so long as the National Security Division 

of such consultation as soon as practical 

consultation. 

e. Information shared with a United States Attorney

pursuant to subparagraph c. or d. shall be disclose

the United States Attorney or any Assistant Unite

Attorneys designated by the United States Attorn

of contact to receive such information. The Unite

Attorneys and designated Assistant United States 

shall have appropriate security clearances and sha

training in the handling of classified information 

information derived from the Foreign Intelligence 

Surveillance Act, including training concerning th

handling and storage of such information and trai

concerning requirements and limitations relating 

retention, and dissemination of such information. 

f. The disclosure and sharing of information by the 

this paragraph is subject to any limitations require

issued by the Foreign Intelligence Surveillance C

controls imposed by the originators of sensitive m

restrictions established by the Attorney General o

Deputy Attorney General in particular cases. The 

and sharing of information by the FBI under this 

that may disclose the identity of human sources is 

by the relevant provisions of the Attorney Genera

Guidelines Regarding the Use of FBI Confidentia

Sources. 

2. White House 

In order to carry out their responsibilities, the President, t

President, the Assistant to the President for National Secu

Affairs, the Assistant to the President for Homeland Secu

the National Security Council and its staff, the Homeland 

Council and its staff, and other White House officials and 

889 
a. Requests to the FBI for such information from the 

House shall be made through the National Securi

staff or Homeland Security Council staff includin

limited to, the National Security Council Legal an

Intelligence Directorates and Office of Combatin

Terrorism, or through the President’s Intelligenc

Board or the Counsel to the President. 

b.	 Compromising information concerning domestic 

political organizations, or information concerning 

of United States persons intended to affect the po

process in the United States, may be disseminated 

White House only with the approval of the Attorn

General, based on a determination that such disse

needed for foreign intelligence purposes, for the p

protecting against international terrorism or other 

the national security, or for the conduct of foreign 

However, such approval is not required for dissem

the White House of information concerning effor

foreign intelligence services to penetrate the Whi

concerning contacts by White House personnel w

intelligence service personnel. 

c. Examples of types of information that are suitable 

dissemination to the White House on a routine ba

but are not limited to: 

i. information concerning international terr

ii. information concerning activities of forei

intelligence services in the United States; 

iii. information indicative of imminent hostil

involving any foreign power; 

iv. information concerning potential cyber th

United States or its allies; 

v.	 information indicative of policy positions 

by foreign officials, governments, or pow

reactions to United States foreign policy 

890
 
 

 

viii.information set forth in regularly publish

intelligence requirements. 

d. Communications by the FBI to the White House t

to a national security matter and concern a litigati

a specific pending case must be made known to th

the Attorney General, the Office of the Deputy A

General, or the Office of the Associate Attorney 

White House policy may specially limit or prescr

White House personnel who may request informa

concerning such issues from the FBI. 

e. The limitations on dissemination of information b

to the White House under these Guidelines do no

dissemination to the White House of information 

the course of an FBI investigation requested by th

House into the background of a potential employe

appointee, or responses to requests from the Whit

under Executive Order 10450. 

3. Special Statutory Requirements 

a. Dissemination of information acquired under the F

Intelligence Surveillance Act is, to the extent prov

that Act, subject to minimization procedures and 

requirements specified in that Act. 

b.	 Information obtained through the use of National 

Letters under 15 U.S.C. 1681v may be dissemina

conformity with the general standards of this Part

Information obtained through the use of National 

Letters under other statutes may be disseminated 

conformity with the general standards of this Part

any applicable limitations in their governing statu

provisions: 12 U.S.C. 3414(a)(5)(B); 15 U.S.C. 1

U.S.C. 2709(d); 50 U.S.C. 436(e). 

891
 
B. EMPLOYEE: an FBI employee or an employee of another agency 

under the direction and control of the FBI. 

C. FOR OR ON BEHALF OF A FOREIGN POWER: the determina

activities are for or on behalf of a foreign power shall be based on 

consideration of the extent to which the foreign power is involved 

1. control or policy direction; 

2. financial or material support; or 

3. leadership, assignments, or discipline. 

D. FOREIGN COMPUTER INTRUSION: the use or attempted use o

cyber-activity or other means, by, for, or on behalf of a foreign po

scan, probe, or gain unauthorized access into one or more U.S.-ba

computers. 

E. FOREIGN INTELLIGENCE: information relating to the capabili

intentions, or activities of foreign governments or elements thereo

organizations or foreign persons, or international terrorists. 

F. FOREIGN INTELLIGENCE REQUIREMENTS: 

1. national intelligence requirements issued pursuant to auth

by the Director of National Intelligence, including the Na

Intelligence Priorities Framework and the National HUM

Collection Directives, or any successor directives thereto; 

2. requests to collect foreign intelligence by the President or 

Intelligence Community officials designated by the Presid

3. directions to collect foreign intelligence by the Attorney G

Deputy Attorney General, or an official designated by the 

General. 

G. FOREIGN POWER: 

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

of United States persons; 

892
 
United States persons; or 

6.	 an entity that is directed or controlled by a foreign govern

governments. 

H. HUMAN SOURCE: a Confidential Human Source as defined in t

General’s Guidelines Regarding the Use of FBI Confidential Hum

Sources. 

I. INTELLIGENCE ACTIVITIES: any activity conducted for intell

purposes or to affect political or governmental processes by, for, o

of a foreign power. 

J. INTERNATIONAL TERRORISM: 

Activities that: 

1.	 involve violent acts or acts dangerous to human life that v

federal, state, local, or tribal criminal law or would violat

if committed within the United States or a state, local, or 

jurisdiction; 

2.	 appear to be intended: 

i. to intimidate or coerce a civilian population; 

ii. to influence the policy of a government by intimi

coercion; or 

iii. to affect the conduct of a government by assassin

kidnapping; and 

3.	 occur totally outside the United States, or transcend natio

boundaries in terms of the means by which they are accom

the persons they appear to be intended to coerce or intimi

locale in which their perpetrators operate or seek asylum. 

K. PROPRIETARY: a sole proprietorship, partnership, corporation, 

business entity operated on a commercial basis, which is owned, c

or operated wholly or in part on behalf of the FBI, and whose rela

with the FBI is concealed from third parties. 

L. PUBLICLY AVAILABLE: information that has been published o

for public consumption, is available on request to the public, is ac

893
 
other retained information. 

N. SENSITIVE INVESTIGATIVE MATTER: an investigative matte

the activities of a domestic public official or political candidate (in

corruption or a threat to the national security), religious or politica

organization or individual prominent in such an organization, or n

or any other matter which, in the judgment of the official authoriz

investigation, should be brought to the attention of FBI Headquart

other Department of Justice officials. 

O. SENSITIVE MONITORING CIRCUMSTANCE: 

1. investigation of a member of Congress, a federal judge, a 

the Executive Branch at Executive Level IV or above, or 

who has served in such capacity within the previous two y

2.	 investigation of the Governor, Lieutenant Governor, or A

General of any state or territory, or a judge or justice of th

court of any state or territory, concerning an offense invo

bribery, conflict of interest, or extortion related to the per

official duties; 

3.	 a party to the communication is in the custody of the Bure

Prisons or the United States Marshals Service or is being 

afforded protection in the Witness Security Program; or 

4. the Attorney General, the Deputy Attorney General, or an 

Attorney General has requested that the FBI obtain prior a

the use of consensual monitoring in a specific investigatio

P. SPECIAL AGENT IN CHARGE: the Special Agent in Charge of 

field office (including an Acting Special Agent in Charge), except 

functions authorized for Special Agents in Charge by these Guide

also be exercised by the Assistant Director in Charge or by any Sp

Agent in Charge designated by the Assistant Director in Charge in 

field office headed by an Assistant Director, and by FBI Headqua

officials designated by the Director of the FBI. 

894
 
S. THREAT TO THE NATIONAL SECURITY: 

1. international terrorism; 

2.	 espionage and other intelligence activities, sabotage, and 

assassination, conducted by, for, or on behalf of foreign p

organizations, or persons; 

3.	 foreign computer intrusion; and 

4.	 other matters determined by the Attorney General, consis

Executive Order 12333 or a successor order. 

T. UNITED STATES: when used in a geographic sense, means all a

the territorial sovereignty of the United States. 

U. UNITED STATES PERSON: 

Any of the following, but not including any association or corpora

a foreign power as defined in Subpart G.1.-.3.: 

1. an individual who is a United States citizen or an alien law

admitted for permanent residence; 

2. an unincorporated association substantially composed of i

who are United States persons; or 

3. a corporation incorporated in the United States. 

In applying paragraph 2., if a group or organization in the United 

is affiliated with a foreign-based international organization operat

under the control of the international organization and has no inde

program or activities in the United States, the membership of the e

international organization shall be considered in determining whe

substantially composed of United States persons. If, however, the 

group or organization has programs or activities separate from, or 

to, those directed by the international organization, only its memb

the United States shall be considered in determining whether it is 

substantially composed of United States persons. A classified dir

provides further guidance concerning the determination of United 

person status. 

V. USE: when used with respect to human sources, means obtaining 

from, tasking, or otherwise operating such sources. 

895
 
896
 
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

897
 
(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 the 

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 the 

b.shall ensure that the PM carries out the functions of the 

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 o

to his office personnel with substantial information shar

experience relating to homeland security, national defen

enforcement, and State and local governments to the ma

extent possible; 

898
 
a. shall be implemented in a manner consistent with applic

including Federal law protecting the information privac

legal rights of Americans, and subject to the availability 

appropriations; 

b.shall be implemented in a manner consistent with the st

authority of the principal officers of departments and ag

heads of their respective departments or agencies; 

c. shall not be construed to impair or otherwise affect the 

the Director of the Office of Management and Budget r

budget, administrative, and legislative proposals; and 

d.is intended only to improve the internal management of 

Government and is not intended to, and does not, create 

or benefits, substantive or procedural, enforceable at law 

equity by a party against the United States, its departme

agencies, or entities, its officers, employees, or agencie

other person. 

GEORGE W. BUSH 

# # # 

899
 
900
 
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 prote

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. 

901
 
 

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

902
 
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

903
 
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 re

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. 

904
 
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

905
 
(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 S

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

906
 
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 pri

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

907
 
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 efforts 

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; 

908
 
 

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 

# # # 

909
 
910
 
 

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 Uni

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 

911
 
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

912
 
 

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

913
 
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 requireme

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. 

914
 
 

 

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. 

915
 
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 

916
 
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 tri

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

917
 
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. 

918
 
Intelligence Oversight Board (IOB) or the Director of National Intelli

(DNI), or both, and provides a means by which the Executive Branch 

identify and correct any deficiencies in the conduct of its intelligence 

The following criteria on thresholds for reporting intelligence oversig

to the Intelligence Oversight Board, and instructions on formatting an

scheduling of reports, are issued under the authority of Executive Ord

I. Criteria on Thresholds for Reporting. The heads of departments 

organizations in the Intelligence Community (IC), or the heads of such 

organizations, or their designees, shall: 

A. Report to the IOB, with copies to the DNI, any intelligenc

with respect to which there is reason to believe may be unlaw

contrary to executive order (EO) or presidential directive (PD

following guidance applies to determining whether a particula

should be reported: 

1. “Intelligence activities” are defined in Part 3.4(e) o

12333 and, for purposes of these criteria, include, but 

limited to, the acquisition, collection, retention, analy

dissemination of intelligence information. 

2. Intelligence activities are reportable if a reasonable 

would believe they may be unlawful or contrary to EO 

without waiting for substantiation, investigation, form

adjudication, or resolution of the issue of whether a p

matter is unlawful or contrary to EO or PD. 

3. Intelligence activities to be reported under EOs 13

12333 are not limited to those that concern “United S

persons,” as defined in Part 3.4(i) of EO 12333 or in a

successor EO. 

4. “Executive order or presidential directive” means, 

purposes of implementing these criteria, a document s

the President of the United States that has the force of 

Executive Branch or constitutes the exercise by the P

his Executive authority. Reports may include violatio

procedures and guidelines that heads of departments o

components have established to implement EO 12333

successor order, provided, however, that such matters 

919
 
 

 

 

 

6. Initial reports made on the basis of incomplete or i

reporting are to be updated as additional information 

available. Subsequent or updated reports should be id

such a manner that they can be accurately related to th

initial reports. 

7. Intelligence activities are reportable to the IOB if s

activities are required to be reported or have been rep

Attorney General as required by law or other directiv

the Memorandum of Understanding on Reporting of I

Concerning Federal Crimes (1995). 

8. Any intelligence activity that is to be reported to a

congressional committee or member of Congress bec

may be unlawful or contrary to executive order or oth

“significant or highly sensitive” (see paragraph B, bel

also be reported to the IOB and DNI generally before 

congressional report is made. Any report concerning 

intelligence activities that is submitted to any commit

member of Congress shall also be submitted to the IO

if the commencement of the investigation or other inq

regarding such activities was also reportable under th

B.	 Report to the DNI, and the IOB as appropriate, significan

sensitive matters, whether or not unlawful or contrary to E

1. “Significant or highly sensitive matters” are develo

circumstances involving intelligence activities that co

the reputation or integrity of the IC, or otherwise call 

question the propriety of intelligence activities. 

2. Such matters might be manifested in or by: 

a. congressional inquiries or investigations; 

b. adverse media coverage; 

c. impact on foreign relations or foreign part

d. unauthorized disclosure of protected infor

II. Content of Reports. Intelligence oversight reports should includ

extent practicable without compromising the timeliness of reporting) t

following: 

A. A narrative describing each intelligence activity in questio

920 
12333 (cite the specific rule or procedure, if a judgme

made); 

4. “‘significant’ because...”; or 

5. “‘highly sensitive’ because... .” 

C. An explanation and analysis of how or why the incident oc

D. An assessment of any impact of the incident on national s

international relations, as well as any mitigation efforts, inclu

success and failures of such efforts. 

E. Any remedial action the IC element has taken or is taking 

recurrence of the incident being reported. 

F. An assessment of any impact the reported intelligence acti

have on civil liberties or protected privacy rights. 

G. How the IC element concerned is addressing any informat

improperly acquired, handled, used, destroyed, etc., as a cons

the mater being reported. 

H. A summary of the gravity, frequency, trends, and patterns 

reported for the quarter. 

I. Any additional information that the reporting official consi

relevant for purposes of fully and completely informing the IO

DNI on intelligence oversight matters. 

III. Formatting of Reports. Reports may be formatted in accordance 

departmental or agency policies, provided all the substantive informat

described above is included in each report. 

IV. Schedule for Reporting. 

A. Significant or highly sensitive matters must be reported 

immediately. 

1. Significant or highly sensitive matters may be repo

if necessary, and followed up with a written report as 

possible thereafter. The preference is for written repo

2. Significant or highly sensitive matters that may be 

of contrary to EO or PD shall be reported to the DNI 

3. Significant or highly sensitive matters that are NO

or contrary to EO or PD shall be reported to the DNI. 

921
 
 

D.	 All IC elements must submit reports at least quarterly, ev

component has not been made aware of any reportable ma

the reporting period. 

Questions concerning the implementation of EO 13462, or intelligenc

reporting in general, may be submitted to the IOB’s General Counsel 

202-456-2352, or to the ODNI IOB Team by calling 703-482-6304 (O

or 703-275-2523 (ODNI/OGC). 

922
 
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 procedure

each agency and organization within the Intelligence Community shal

the Attorney General and to federal investigative agencies information 

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 agencies 

organizations within the Intelligence Community as defined i

12333, §3.4(f), but excluding the intelligence elements of the 

Bureau of Investigation and the Department of Treasury. 

B.	 “Employee,” as that term is used herein, means: 

923
 
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 Agency 

Department of which it is a component or an oversight person 

by such person to act on his/her behalf, and for purposes of th

procedures may include an Inspector General or equivalent of

agency or departmental procedures so require or if designated 

agency or department head. 

D. “Inspector General” or “IG” means the inspector general of th

or of the department of which the Agency is a component. 

E. “Reasonable basis” exists when there are facts and circumstan

personally known or of which knowledge is acquired from a s

believed to be reasonably trustworthy, that would cause a per

reasonable caution to believe that a crime has been, is being, o

committed. The question of which federal law enforcement o

entity has jurisdiction over the alleged criminal acts shall hav

bearing upon the issue of whether a reasonable basis exists. 

III. Scope 

A. This MOU shall not be construed to authorize or require the A

any person or entity acting on behalf of the Agency, to condu

investigation not otherwise authorized by law, or to collect an

information in a manner not authorized by law. 

B. This MOU ordinarily does not require an intelligence agency 

organization to report crimes information that was collected a

disseminated to it by another department, agency, or organiza

Where, however, the receiving agency is the primary or sole r

that information, or if analysis by the receiving agency reveal

crimes information, the receiving agency shall be responsible 

reporting all such crimes information in accordance with the p

of this MOU. 

C. This MOU does not in any way alter or supersede the obligati

employee of an intelligence agency to report potential crimina

by other employees of that agency to an IG, as required either 

or by agency regulations, nor affect any protections afforded a

reporting such behavior to an IG. Nor does this MOU affect a

924
 
 

 

E.	 This MOU does not affect the obligation to report to the Fede

of Investigation alleged or suspected espionage activities as re

under Section 811(c) of the Intelligence Authorization Act of 

F.	 The following crimes information is exempted from the appli

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 

4.	 Crimes information regarding persons who are not emplo

Agency, as those terms are defined in Section II, that invo

against property in an amount of $1,000 or less, or, in the 

1

 If, however, the IG determines that the reported information is not properly 

that office’s jurisdiction, but that such information may be reportable pursua

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. 

925
 
 

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 whe

intelligence agency reports to state or local authorities activity 

appears to constitute a crime under state law. In the event tha

intelligence agency considers it appropriate to report to state o

authorities possible criminal activity that may implicate classi

information or intelligence sources or methods, it should infor

AAG, or the designated Deputy AAG, Criminal Division, in a

with paragraph VIII.C, below; the Criminal Division will con

the intelligence agency regarding appropriate methods for con

information to state or local authorities. In the event that an in

agency considers it appropriate to report to state or local autho

possible criminal activity that is not expected to implicate cla

information or intelligence sources or methods, it should neve

provide a copy of such report to the AAG, or to the designated 

AAG, Criminal Division. 

*

 [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

926
 
 

B. Except as exempted in Section III, when the General Counsel 

received allegations, complaints or information (hereinafter al

that an employee of the Agency may have violated, may be vi

may violate a federal criminal statue, that General Counsel sh

a reasonable period of time determine whether there is a reaso

to believe that a federal crime has been, is being, or will be co

and that it is a crime which, under this memorandum, must be 

The General Counsel may, as set forth in Section V, below, co

preliminary inquiry for this purpose. If a preliminary inquiry 

there is a reasonable basis for the allegations, the General Cou

follow the reporting procedures set forth in Section VIII, belo

preliminary inquiry reveals that the allegations are without a r

basis, the General Counsel will make a record, as appropriate

finding and no reporting under these procedures is required. 

V. Preliminary Inquiry Into Allegations Against An Agency Emp

A. The General Counsel’s preliminary inquiry regarding allegati

an Agency employee will ordinarily be limited to the followin

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; 

4.	 examination of publicly available federal, state, and local 

government records and other publicly available records a

information; 

5.	 interview of the complainant; and 

6.	 interview of any Agency employee, other than the accuse

the opinion of the General Counsel, may be able to corrob

refute the allegations. 

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. 

927
 
 

 

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. 

Any interview of an accused employee that is undertaken shall be con

manner that does not cause the loss, concealment, destruction, damage 

alteration of evidence of the alleged crime, nor result in the immuniza

statements made by the accused employee during that interview. The 

shall not otherwise be limited by this MOU either as to the techniques 

otherwise authorized to use, or as to its responsibility to provide for it

functions pursuant to E.O. 12333. 

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. 

928
 
more of the specified crimes in Section VII, below. 

B. When an Agency has received information concerning alleged 

of federal law by a person other than an employee of an intell

agency, and has determined that the reported information prov

reasonable basis to conclude that a violation of one of the spe

crimes in Section VII has occurred, is occurring, or may occu

Agency shall report that information to the Department of Jus

accordance with Sections VIII or IX, below. 

VII. Reportable Offenses by Non-Employees 

A. Unless exempted under Section III, above, allegations concer

criminal activities by non-employees are reportable if they pe

or more of the following specified violations of federal crimin

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

International Emergency Economic Powers Act; p

material or financial support to terrorists; unautho

traffic in controlled munitions or technology; or 

unauthorized traffic in, use of, or contamination b

materials, chemical or biological weapons, or che

biological agents; whether in the United States or 

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

929
 
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. 

4.	 Crimes related to unauthorized electronic surveillance in 

States or to tampering with, or unauthorized access to, co

systems. 

5.	 Violations of U.S. drug laws including: the cultivation, pr

transportation, importation, sale, or possession (other than 

of user quantities) of controlled substances; the productio

transportation, importation, and sale of precursor or essen

chemicals. 

930
 
 

C. The Attorney General also encourages the Agency to notify th

Department of Justice when the Agency’s otherwise routine c

intelligence in accordance with its authorities results in its acq

information about the commission of other serious felony offe

non-employees, e.g. violations of U.S. environmental laws rel

ocean and inland water discharging or dumping, drinking wat

contamination, or hazardous waste disposal, and crimes invol

interference with the integrity of U.S. governmental institutio

processes that would not otherwise be reportable under sectio

VIII. Procedure For Submitting Special Crimes Reports 

A. Where the Agency determines that a matter must be the subje

special report to the Department of Justice, it may, consistent 

paragraphs VIII.B and VIII.C, below, make such a report (1) b

other, similar communication from the General Counsel, or (2

electronic or courier dissemination of information from opera

analytical units, provided that in all cases, the subject line and 

such communication or dissemination clearly reflects that it is 

possible criminal activity. The Department of Justice shall m

record of all special crimes reports received from the Agency

B. Where the Agency determines that a matter must be the subje

special report to the Department of Justice; and where the Ag

determines that no public disclosure of classified information 

intelligence sources and methods would result from further in

or prosecution, and the security of ongoing intelligent operati

not be jeopardized thereby, the Agency will report the matter 

federal investigative agency having jurisdiction over the crim

A copy of that report must also be provided to the AAG, or de

Deputy AAG, Criminal Division. 

C. Where the Agency determines that further investigation or pro

a matter that must be specifically reported may result in a pub

disclosure of classified information or intelligence sources or 

would jeopardize the security of ongoing intelligence operatio

Agency shall report the matter to the AAG or designated Dep

Criminal Division. A copy of that report must also be provide

Assistant Director, Criminal Investigations or National Securi

931 
D. Written documents associated with the reports submitted purs

section may refer to persons who are the subjects of the repor

identifying terms (such as “John Doe # ___”). The Agency sh

the Department of Justice or relevant federal investigative age

true identities of such persons if so requested. 

E. It is agreed that, in acting upon information reported in accord

these procedures, the Agency, the Department of Justice and t

federal investigative agencies will deal with classified inform

including sources and methods, in a manner consistent with th

provisions of relevant statutes and Executive Orders, includin

Classified Information Procedures Act. 

IX. When Routine Dissemination May be Used in Lieu Of A Speci

Report 

A. Except as set forth in IX.B, below, the Agency may report cri

information regarding non-employees to the Department of Ju

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 

3.	 the persons or entities involved are members of a class th

routinely the targets or objects of such collection and diss

If all three of these conditions are met, the Agency may satisfy its 

reporting obligation through routine dissemination to the Department 

Criminal Division, and to all cognizant federal law enforcement agenc

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. 

932
 
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 accordance w

provisions of Sections VIII and IX for the reporting of crimin

information by its employees as required under Sections IV.A 

B. The Agency shall also establish initial and continuing training 

that its employees engaged in the review and analysis of colle

intelligence are knowledgeable of and in compliance with the 

of this MOU. 

XI. Relation to Other Procedures and Agreements 

A.	 If the Agency desires, for administrative or security reasons, t

more extensive investigation into the activities of an employe

any matter reported pursuant to this MOU, it will inform the D

of Justice and the federal investigative agency to which the m

reported. The Agency may also take appropriate administrati

disciplinary, or other adverse action at any time against any e

whose activities are reported under these procedures. Howeve

investigations or adverse actions shall be coordinated with the 

investigative or prosecuting officials to avoid prejudice to any 

investigation or prosecution. 

B. Nothing in these procedures shall be construed to restrict the e

information among the Agencies in the Intelligence Commun

between those Agencies and law enforcement entities other th

Department of Justice. 

C. This MOU supersedes all prior crimes reporting memoranda o

understanding executed pursuant to the requirements of E.O. 

the extent that there exist any conflicts between other Agency 

directives and the provisions herein, such conflicts shall be re

accordance with the provisions of this MOU. However, this M

not be construed to modify in any way the August 1984 Mem

933
 
 

 

 

 

 

 

federal law enforcement agencies. 

XII. Miscellaneous 

A. This MOU shall become effective as to each agency below as 

signed by the listed representative of that agency. 

B. The Intelligence-Law Enforcement Policy Board, within one 

date of the effective date hereof, and as it deems appropriate t

will appoint a working group consisting of an equal number o

representatives from the intelligence and law enforcement com

including the Criminal Division. That working group shall do 

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; 

3.	 review each of the provisions of this MOU and determine 

any, modifications thereof should be recommended to the 

Board, or its successor; and 

4.	 issue a report to the Policy Board of its finding and recom

in each of the foregoing categories. 

C. The Policy Board in turn shall make recommendations to the 

General, the Director of Central Intelligence, and the heads of 

affected agencies concerning any modifications to the MOU t

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 

934
 
 

Director, Office Of Non-Proliferation 

and National Security, 

Department of Energy 

Date: 15 Aug 95 

935
 
936
 
 

PROGRAM MANAGER, INFORMATION SHARING ENVIRONMENT: w

OPEN SOURCE CENTER: www.opensource.gov 

CENTRAL INTELLIGENCE AGENCY: www.cia.gov 

NATIONAL SECURITY AGENCY: www.nsa.gov 

DEFENSE INTELLIGENCE AGENCY: www.dia.mil 

NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY: www.nga.mil 

NATIONAL RECONNAISSANCE OFFICE: www.nro.gov 

DEPARTMENT OF DEFENSE: www.defenselink.mil; www.defense.gov 

ARMY: www.army.mil 

INSCOM: www.inscom.army.mil 

NAVY: www.navy.mil 

ONI: www.nmic.navy.mil 

NCIS: www.ncis.navy.mil
 

MARINE CORP: www.marines.mil 

USMC INTELLIGENCE: hqinet001.hqmc.usmc.mil/DirInt/

AIR FORCE: www.af.mil 

AF ISR AGENCY: www.afisr.af.mil 

DEPARTMENT OF JUSTICE: www.usdoj.gov 

FBI: www.fbi.gov 

DEA: www.dea.gov 

OLC: www.usdoj.gov/olc 

NSD: www.usdoj.gov/nsd 

DEPARTMENT OF STATE: www.state.gov 

DEPARTMENT OF TREASURY: www.ustreas.gov 

DEPARTMENT OF HOMELAND SECURITY: www.dhs.gov 

COAST GUARD: www.uscg.mil 

937
 
 

SELECT COMMITTEE ON INTELLIGENCE: intelligence.senate.gov 

JUDICIARY COMMITTEE: judiciary.senate.gov 

ARMED SERVICES COMMITTEE: armed-services.senate.gov 

FOREIGN RELATIONS COMMITTEE: foreign.senate.gov 

HOMELAND SECURITY & GOVERNMENTAL AFFAIRS COMMITTEE

hsgac.senate.gov/public 

U.S. HOUSE OF REPRESENTATIVES: www.house.gov 

PERMANENT SELECT COMMITTEE ON INTELLIGENCE: intelligence

JUDICIARY COMMITTEE: judiciary.house.gov 

ARMED SERVICES COMMITTEE: armedservices.house.gov 

FOREIGN AFFAIRS: foreignaffairs.house.gov 

HOMELAND SECURITY: homeland.house.gov 

OVERSIGHT & GOVERNMENT REFORM: oversight.house.gov 

LIBRARY OF CONGRESS: www.loc.gov 

THOMAS: thomas.loc.gov 

938