INTELLIGENCE COMMUNITY

LEGAL REFERENCE BOOK

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

OFFICE OF GENERAL COUNSEL

WINTER 2020

iii

INTRODUCTION

On behalf of the Director of National Intelligence, I am pleased to make available 

the Winter 2020 edition of the Intelligence Community Legal Reference 

Book. The Office of General Counsel updated the Reference Book to reflect legal 

developments since the 2016 edition and comments received from the Intelligence 

Community. Additionally, we are updating the online version of the reference 

book, which is available at www.dni.gov/ogc.

The body of law contained in this collection provides the Intelligence Community 

with much of its authority and guidance. We hope this collection will provide 

professionals across the federal government with a helpful, consolidated resource 

to use in their day-to-day work on behalf of the American people.

This new edition is the result of many hours of hard work. I would like to extend 

my thanks to those across the Community who assisted the Office of General 

Counsel in recommending and preparing the authorities contained herein. I hope 

this book proves a valuable addition to your library and a useful tool as you carry 

out your vital mission. 

Jason Klitenic

General Counsel

Winter 2020
iv
v

ABOUT THIS BOOK

The documents presented in this book have been updated to incorporate all 

amendments made since the Spring 2016 version through December 20, 2019, at 

which point the documents were, where possible, verified against the United States 

Code maintained by The Library of Congress and Westlaw. The text of these 

documents should be cited as “as amended.” Editorial notes throughout the book

have been placed in brackets or otherwise noted.

All documents in this book are UNCLASSIFIED.

This compilation was a significant effort and required many judgments 

concerning what text to include and how to organize the book. We welcome your 

thoughts for improving future versions.
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vii

TABLE OF CONTENTS

INTRODUCTION .................................................................................................................. III

TABLE OF CONTENTS........................................................................................................ VII

THE CONSTITUTION OF THE UNITED STATES OF AMERICA ................................................. 1

PRINCIPLES OF PROFESSIONAL ETHICS FOR THE IC............................................................22

PRINCIPLES OF INTELLIGENCE TRANSPARENCY FOR THE IC..............................................24

NATIONAL SECURITY ACT OF 1947 ...................................................................................26

INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004* ...........................210

CENTRAL INTELLIGENCE AGENCY ACT OF 1949 .............................................................242

NATIONAL SECURITY AGENCY ACT OF 1959...................................................................286

DEPARTMENT OF DEFENSE TITLE 10 AUTHORITIES*.......................................................300

NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY TITLE 10 AUTHORITIES* ....................316

HOMELAND SECURITY ACT OF 2002* .............................................................................326

COUNTERINTELLIGENCE AND SECURITY ENHANCEMENTS ACT OF 1994* ...................... 377

COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002 ...................................................381

CLASSIFIED INFORMATION PROCEDURES ACT.................................................................386

FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978....................................................396

PROCEDURES FOR THE RETENTION OF INCIDENTALLY ACQUIRED COMMUNICATIONS ....517

MILITARY COMMISSIONS, TITLE 10.................................................................................520

FREEDOM OF INFORMATION ACT.....................................................................................572

PRIVACY ACT ..................................................................................................................596

E-GOVERNMENT ACT OF 2002* ......................................................................................616

FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014* ..............................621

RESPONSIBILITIES FOR FEDERAL INFORMATION SYSTEMS STANDARDS* ........................640

WAR CRIMES ACT OF 1996..............................................................................................642

FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007...........................................653

CYBERSECURITY ACT OF 2015* ......................................................................................656

EO 12139: FOREIGN INTELLIGENCE ELECTRONIC SURVEILLANCE ..................................691

EO 12333: UNITED STATES INTELLIGENCE ACTIVITIES ..................................................693

EO 12949: FOREIGN INTELLIGENCE PHYSICAL SEARCHES ..............................................720

EO 12968: ACCESS TO CLASSIFIED INFORMATION ..........................................................722

EO 13388: SHARING OF TERRORISM INFORMATION ........................................................737

EO 13462: PRESIDENT’S INTELLIGENCE ADVISORY BOARD AND INTELLIGENCE 

OVERSIGHT BOARD .........................................................................................................741

EO 13467: SUITABILITY FOR GOVERNMENT EMPLOYMENT, FITNESS FOR CONTRACTOR 

EMPLOYEES, AND ACCESS TO CLASSIFIED INFORMATION ...............................................747

EO 13491: ENSURING LAWFUL INTERROGATION ............................................................771

EO 13526: CLASSIFIED NATIONAL SECURITY INFORMATION ..........................................776

EO 13636: IMPROVING CRITICAL INFRASTRUCTURE CYBERSECURITY............................811

PPD 28: SIGNALS INTELLIGENCE ACTIVITIES..................................................................820

INTELLIGENCE SHARING PROCEDURES FOR FI AND FCI CONDUCTED BY THE FBI..........831

GUIDELINES REGARDING DISCLOSURE OF FI ACQUIRED IN THE COURSE OF A CRIMINAL 

INVESTIGATION ...............................................................................................................837
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GUIDELINES REGARDING REPORTS OF POSSIBLE CRIMINAL ACTIVITY INVOLVING FOREIGN 

INTELLIGENCE SOURCES..................................................................................................845

INFORMATION SHARING ENVIRONMENT PRIVACY GUIDELINES ......................................848

CRITERIA ON THRESHOLDS FOR REPORTING INTELLIGENCE OVERSIGHT MATTERS ........856

MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES............................860

INTELLIGENCE COMMUNITY AND GOVERNMENT WEBSITES............................................872

* Only select provisions are included in this book.
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UNITED STATES CONSTITUTION

1

THE CONSTITUTION OF THE UNITED STATES OF AMERICA

PREAMBLE

We the People of the United States, in Order to form a more perfect Union, 

establish Justice, insure domestic Tranquility, provide for the common defense, 

promote the general Welfare, and secure the Blessings of Liberty to ourselves 

and our Posterity, do ordain and establish this Constitution for the United States 

of America.

ARTICLE. I.

SECTION 1.

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

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

SECTION 2.

The House of Representatives shall be composed of Members chosen every 

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

shall have the Qualifications requisite for Electors of the most numerous Branch 

of the State Legislature. 

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

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

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

Representatives and direct Taxes shall be apportioned among the several States 

which may be included within this Union, according to their respective Numbers, 

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

including those bound to Service for a Term of Years, and excluding Indians not 

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

within three Years after the first Meeting of the Congress of the United States, 

and within every subsequent Term of ten Years, in such Manner as they shall by 

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

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

enumeration shall be made, the State of New Hampshire shall be entitled to chuse 

three, Massachusetts eight, Rhode-Island and Providence Plantations one, 

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

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

Georgia three. 
UNITED STATES CONSTITUTION

2

When vacancies happen in the Representation from any State, the Executive 

Authority thereof shall issue Writs of Election to fill such Vacancies. 

The House of Representatives shall chuse their Speaker and other Officers; and 

shall have the sole Power of Impeachment. 

SECTION 3.

The Senate of the United States shall be composed of two Senators from each 

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

have one Vote. 

Immediately after they shall be assembled in Consequence of the first Election, 

they shall be divided as equally as may be into three Classes. The Seats of the 

Senators of the first Class shall be vacated at the Expiration of the second Year, 

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

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

Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of 

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

Appointments until the next Meeting of the Legislature, which shall then fill such 

Vacancies. 

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

Years, and been nine Years a Citizen of the United States, and who shall not, 

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

The Vice President of the United States shall be President of the Senate but shall 

have no Vote, unless they be equally divided. 

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

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

President of the United States. 

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

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

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

convicted without the Concurrence of two thirds of the Members present. 

Judgment in Cases of Impeachment shall not extend further than to removal from 

Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit 

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

subject to Indictment, Trial, Judgment and Punishment, according to Law. 
UNITED STATES CONSTITUTION

3

SECTION 4.

The Times, Places and Manner of holding Elections for Senators and 

Representatives, shall be prescribed in each State by the Legislature thereof; but 

the Congress may at any time by Law make or alter such Regulations, except as 

to the Places of chusing Senators. 

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

be on the first Monday in December, unless they shall by Law appoint a different 

Day. 

SECTION 5.

Each House shall be the Judge of the Elections, Returns and Qualifications of its 

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

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

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

Penalties as each House may provide. 

Each House may determine the Rules of its Proceedings, punish its Members for 

disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. 

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

publish the same, excepting such Parts as may in their Judgment require Secrecy; 

and the Yeas and Nays of the Members of either House on any question shall, at 

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

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

other, adjourn for more than three days, nor to any other Place than that in which 

the two Houses shall be sitting. 

SECTION 6.

The Senators and Representatives shall receive a Compensation for their 

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

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

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

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

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

Place. 

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

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

shall have been created, or the Emoluments whereof shall have been encreased 
UNITED STATES CONSTITUTION

4

during such time; and no Person holding any Office under the United States, shall 

be a Member of either House during his Continuance in Office. 

SECTION 7.

All Bills for raising Revenue shall originate in the House of Representatives; but 

the Senate may propose or concur with Amendments as on other Bills. 

Every Bill which shall have passed the House of Representatives and the Senate, 

shall, before it become a law, be presented to the President of the United States: 

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

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

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

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

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

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

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

the Names of the Persons voting for and against the Bill shall be entered on the 

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

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

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

Congress by their Adjournment prevent its Return, in which Case it shall not be a 

Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and 

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

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

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

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

according to the Rules and Limitations prescribed in the Case of a Bill. 

SECTION 8.

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

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

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

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 States, and 

with the Indian Tribes; 
UNITED STATES CONSTITUTION

5

To establish an uniform Rule of Naturalization, and uniform Laws on the subject 

of Bankruptcies throughout the United States; 

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the 

Standard of Weights and Measures; 

To provide for the Punishment of counterfeiting the Securities and current Coin 

of the United States; 

To establish Post Offices and post Roads; 

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

Times to Authors and Inventors the exclusive Right to their respective Writings 

and Discoveries; 

To constitute Tribunals inferior to the supreme Court; 

To define and punish Piracies and Felonies committed on the high Seas, and 

Offences against the Law of Nations; 

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

concerning Captures on Land and Water; 

To raise and support Armies, but no Appropriation of Money to that Use shall be 

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 naval Forces; 

To provide for calling forth the Militia to execute the Laws of the Union, 

suppress Insurrections and repel Invasions; 

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

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

States, reserving to the States respectively, the Appointment of the Officers, and 

the Authority of training the Militia according to the discipline prescribed by 

Congress; 

To exercise exclusive Legislation in all Cases whatsoever, over such District (not 

exceeding ten Miles square) as may, by Cession of particular States, and the 
UNITED STATES CONSTITUTION

6

Acceptance of Congress, become the Seat of the Government of the United 

States, and to exercise like Authority over all Places purchased by the Consent of 

the Legislature of the State in which the Same shall be, for the Erection of Forts, 

Magazines, Arsenals, dock-Yards, and other needful Buildings;—And 

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

Execution the foregoing Powers, and all other Powers vested by this Constitution 

in the Government of the United States, or in any Department or Officer thereof. 

SECTION 9.

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

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

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

such Importation, not exceeding ten dollars for each Person. 

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

in Cases of 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 to the 

Census or 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 Revenue to the 

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

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 of the 

Receipts and Expenditures of all public Money shall be published from time to 

time. 

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

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

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

whatever, from any King, Prince or foreign State. 
UNITED STATES CONSTITUTION

7

SECTION 10.

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of 

Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold 

and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post 

facto Law, or Law impairing the Obligation of Contracts, or grant any Title of 

Nobility. 

No State shall, without the Consent of the Congress, lay any Imposts or Duties on 

Imports or Exports, except what may be absolutely necessary for executing it’s 

inspection Laws: and the net Produce of all Duties and Imposts, laid by any State 

on Imports or Exports, shall be for the Use of the Treasury of the United States; 

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

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

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

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

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 States of 

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

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

Each State shall appoint, in such Manner as the Legislature thereof may direct, a 

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

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 the United 

States, shall be appointed an Elector. 

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

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

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

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

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

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

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

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

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

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

equal Number of Votes, then the House of Representatives shall immediately 
UNITED STATES CONSTITUTION

8

chuse by Ballot one of them for President; and if no Person have a Majority, then 

from the five highest on the List the said House shall in like Manner chuse the 

President. But in chusing the President, the Votes shall be taken by States, the 

Representatives from each State having one Vote; a quorum for this Purpose 

shall consist of a Member or Members from two thirds of the States, and a 

Majority of all the States shall be necessary to a Choice. In every Case, after the 

Choice of the President, the Person having the greatest Number of Votes of the 

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

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

The Congress may determine the Time of chusing the Electors, and the Day on 

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

United States. 

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

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

President; neither shall any person be eligible to that Office who shall not have 

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

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 said Office, 

the Same shall devolve on the Vice President, and the Congress may by Law 

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

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

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

President shall be elected. 

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

which shall neither be encreased nor diminished during the Period for which he 

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

Emolument from the United States, or any of them.

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

or Affirmation:—“I do solemnly swear (or affirm) that I will faithfully execute 

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

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 the United 

States, and of the Militia of the several States, when called into the actual Service 
UNITED STATES CONSTITUTION

9

of the United States; he may require the Opinion, in writing, of the principal 

Officer in each of the executive Departments, upon any Subject relating to the 

Duties of their respective Offices, and he shall have Power to Grant Reprieves 

and Pardons for Offences against the United States, except in Cases of 

Impeachment. 

He shall have Power, by and with the Advice and Consent of the Senate, to make 

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

nominate, and by and with the Advice and Consent of the Senate, shall appoint 

Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, 

and all other Officers of the United States, whose Appointments are not herein 

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

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

in the President alone, in the Courts of Law, or in the Heads of Departments. 

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

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

of their next Session. 

SECTION 3.

He shall from time to time give to the Congress Information on the State of the 

Union, and recommend to their Consideration such Measures as he shall judge 

necessary and expedient; he may, on extraordinary Occasions, convene both 

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

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

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

shall take Care that the Laws be faithfully executed, and shall Commission all the 

Officers of the United States. 

SECTION 4.

The President, Vice President and all Civil Officers of the United States, shall be 

removed from Office on Impeachment for, and Conviction of, Treason, Bribery, 

or other high Crimes and Misdemeanors.

ARTICLE. III.

SECTION 1.

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

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

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

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

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

Continuance in Office. 
UNITED STATES CONSTITUTION

10

SECTION 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under 

this Constitution, the Laws of the United States, and Treaties made, or which 

shall be made, under their Authority;—to all Cases affecting Ambassadors, other 

public ministers and Consuls;—to all Cases of admiralty and maritime 

Jurisdiction;—to Controversies to which the United States shall be a Party;—to 

Controversies between two or more States;—between a State and Citizens of 

another State;—between Citizens of different States;—between Citizens of the 

same State claiming Lands under Grants of different States, and between a State, 

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

In all Cases affecting Ambassadors, other public Ministers and Consuls, and 

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

Jurisdiction. In all the other Cases before mentioned, the supreme Court shall 

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

under such Regulations as the Congress shall make. 

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and 

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

committed; but when not committed within any State, the Trial shall be at such 

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

SECTION 3.

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

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

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

overt Act, or on Confession in open Court. 

The Congress shall have Power to declare the Punishment of Treason, but no 

Attainder of Treason shall work Corruption of Blood, or Forfeiture except during 

the Life of the Person attainted.

ARTICLE. IV.

SECTION 1.

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

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

Laws prescribe the Manner in which such Acts, Records and Proceedings shall 

be proved, and the Effect thereof. 
UNITED STATES CONSTITUTION

11

SECTION 2.

The Citizens of each State shall be entitled to all Privileges and Immunities of 

Citizens in the several States. 

A Person charged in any State with Treason, Felony, or other Crime, who shall 

flee from Justice, and be found in another State, shall on Demand of the 

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

removed to the State having Jurisdiction of the Crime. 

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

escaping into another, shall, in Consequence of any Law or Regulation therein, 

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

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 new State 

shall be formed or erected within the Jurisdiction of any other State; nor any 

State be formed by the Junction of two or more States, or Parts of States, without 

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

Congress. 

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

Regulations respecting the Territory or other Property belonging to the United 

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

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

SECTION 4.

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

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

Application of the Legislature, or of the Executive (when the Legislature cannot 

be convened) against domestic Violence.

ARTICLE. V.

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

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

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

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

Purposes, as Part of this Constitution, when ratified by the Legislatures of three 

fourths of the several States, or by Conventions in three fourths thereof, as the 

one or the other Mode of Ratification may be proposed by the Congress; 
UNITED STATES CONSTITUTION

12

Provided that no Amendment which may be made prior to the Year One 

thousand eight hundred and eight shall in any Manner affect the first and fourth 

Clauses in the Ninth Section of the first Article; and that no State, without its 

Consent, shall be deprived of its equal Suffrage in the Senate.

ARTICLE. VI.

All Debts contracted and Engagements entered into, before the Adoption of this 

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

as under the Confederation. 

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

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

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

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

Laws of any state to the Contrary notwithstanding. 

The Senators and Representatives before mentioned, and the Members of the 

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

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

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

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

ARTICLE. VII.

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

Establishment of this Constitution between the States so ratifying the Same. 

AMENDMENT I.

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

prohibiting the free exercise thereof; or abridging the freedom of speech, or of 

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

Government for a redress of grievances. 

AMENDMENT II.

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

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

13

AMENDMENT III.

No Soldier shall, in time of peace be quartered in any house, without the consent 

of the Owner, nor in time of war, but in a manner to be prescribed by law. 

AMENDMENT IV.

The right of the people to be secure in their persons, houses, papers, and effects, 

against unreasonable searches and seizures, shall not be violated, and no 

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

and particularly describing the place to be searched, and the persons or things to 

be seized. 

AMENDMENT V.

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

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

the land or naval forces, or in the Militia, when in actual service in time of War 

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

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

witness against himself, nor be deprived of life, liberty, or property, without due 

process of law; nor shall private property be taken for public use, without just 

compensation. 

AMENDMENT VI.

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

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

have been committed, which district shall have been previously ascertained by 

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

confronted with the witnesses against him; to have compulsory process for 

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

defence. 

AMENDMENT VII.

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

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

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

to the rules of the common law. 
UNITED STATES CONSTITUTION

14

AMENDMENT VIII.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and 

unusual punishments inflicted. 

AMENDMENT IX.

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

deny or disparage others retained by the people. 

AMENDMENT X.

The powers not delegated to the United States by the Constitution, nor prohibited 

by it to the States, are reserved to the States respectively, or to the people. 

AMENDMENT XI.

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

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

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

AMENDMENT XII.

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

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

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

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

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

voted for as Vice-President, and of the number of votes for each, which lists they 

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

United States, directed to the President of the Senate;—The President of the 

Senate shall, in the presence of the Senate and House of Representatives, open all 

the certificates and the votes shall then be counted;—The person having the 

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

a majority of the whole number of Electors appointed; and if no person have such 

majority, then from the persons having the highest numbers not exceeding three 

on the list of those voted for as President, the House of Representatives shall 

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

votes shall be taken by states, the representation from each state having one vote; 

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

of the states, and a majority of all the states shall be necessary to a choice. And if 
UNITED STATES CONSTITUTION

15

the House of Representatives shall not choose a President whenever the right of 

choice shall devolve upon them, before the fourth day of March next following, 

then the Vice- President shall act as President, as in the case of the death or other 

constitutional disability of the President—The person having the greatest number 

of votes as Vice-President, shall be the Vice-President, if such number be a 

majority of the whole number of Electors appointed, and if no person have a 

majority, then from the two highest numbers on the list, the Senate shall choose 

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

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

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

President shall be eligible to that of Vice-President of the United States. 

AMENDMENT XIII.

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

for crime whereof the party shall have been duly convicted, shall exist within the 

United States, or any place subject to their jurisdiction. 

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

legislation. 

AMENDMENT XIV.

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

the jurisdiction thereof, are citizens of the United States and of the State wherein 

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

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

deprive any person of life, liberty, or property, without due process of law; nor 

deny to any person within its jurisdiction the equal protection of the laws. 

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

according to their respective numbers, counting the whole number of persons in 

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

for the choice of electors for President and Vice President of the United States, 

Representatives in Congress, the Executive and Judicial officers of a State, or the 

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

such State, being twenty-one years of age, and citizens of the United States, or in 

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

of representation therein shall be reduced in the proportion which the number of 

such male citizens shall bear to the whole number of male citizens twenty-one 

years of age in such State. 
UNITED STATES CONSTITUTION

16

SECTION. 3. No person shall be a Senator or Representative in Congress, or 

elector of President and Vice President, or hold any office, civil or military, 

under the United States, or under any State, who, having previously taken an 

oath, as a member of Congress, or as an officer of the United States, or as a 

member of any State legislature, or as an executive or judicial officer of any 

State, to support the Constitution of the United States, shall have engaged in 

insurrection or rebellion against the same, or given aid or comfort to the enemies 

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

disability. 

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

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

in suppressing insurrection or rebellion, shall not be questioned. But neither the 

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

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

or emancipation of any slave; but all such debts, obligations and claims shall be 

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 be denied 

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

previous condition of servitude. 

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

legislation. 

AMENDMENT XVI.

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

whatever source derived, without apportionment among the several States, and 

without regard to any census or enumeration. 

AMENDMENT XVII.

The Senate of the United States shall be composed of two Senators from each 

State, elected by the people thereof, for six years; and each Senator shall have 
UNITED STATES CONSTITUTION

17

one vote. The electors in each State shall have the qualifications requisite for 

electors of the most numerous branch of the State legislatures. 

When vacancies happen in the representation of any State in the Senate, the 

executive authority of such State shall issue writs of election to fill such 

vacancies: Provided, That the legislature of any State may empower the 

executive thereof to make temporary appointments until the people fill the 

vacancies by election as the legislature may direct. 

This amendment shall not be so construed as to affect the election or term of any 

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 manufacture, 

sale, or transportation of intoxicating liquors within, the importation thereof into, 

or the exportation thereof from the United States and all territory subject to the 

jurisdiction thereof for beverage purposes is hereby prohibited. 

SECTION. 2. The Congress and the several States shall have concurrent power to 

enforce this article by appropriate legislation. 

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

an amendment to the Constitution by the legislatures of the several States, as 

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

hereof to the States by the Congress. 

AMENDMENT XIX.

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

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

Congress shall have power to enforce this article by appropriate legislation. 

AMENDMENT XX.

SECTION. 1. The terms of the President and Vice President shall end at noon on 

the 20th day of January, and the terms of Senators and Representatives at noon 

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

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

begin. 
UNITED STATES CONSTITUTION

18

SECTION. 2. The Congress shall assemble at least once in every year, and such 

meeting shall begin at noon on the 3d day of January, unless they shall by law 

appoint a different day. 

SECTION. 3. If, at the time fixed for the beginning of the term of the President, 

the President elect shall have died, the Vice President elect shall become 

President. If a President shall not have been chosen before the time fixed for the 

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

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

qualified; and the Congress may by law provide for the case wherein neither a 

President elect nor a Vice President elect shall have qualified, declaring who 

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

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

shall have qualified. 

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

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

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

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

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 October 

following the ratification of this article. 

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

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

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

AMENDMENT XXI.

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

United States is hereby repealed. 

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

possession of the United States for delivery or use therein of intoxicating liquors, 

in violation of the laws thereof, is hereby prohibited. 

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

an amendment to the Constitution by conventions in the several States, as 

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

hereof to the States by the Congress. 
UNITED STATES CONSTITUTION

19

AMENDMENT XXII.

SECTION. 1. No person shall be elected to the office of the President more than 

twice, and no person who has held the office of President, or acted as President, 

for more than two years of a term to which some other person was elected 

President shall be elected to the office of the President more than once. But this 

Article shall not apply to any person holding the office of President, when this 

Article was proposed by the Congress, and shall not prevent any person who may 

be holding the office of President, or acting as President, during the term within 

which this Article becomes operative from holding the office of President or 

acting as President during the remainder of such term. 

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

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

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

the Congress. 

AMENDMENT XXIII.

SECTION. 1. The District constituting the seat of Government of the United States 

shall appoint in such manner as the Congress may direct: 

A number of electors of President and Vice President equal to the whole number 

of Senators and Representatives in Congress to which the District would be 

entitled if it were a State, but in no event more than the least populous State; they 

shall be in addition to those appointed by the States, but they shall be considered, 

for the purposes of the election of President and Vice President, to be electors 

appointed by a State; and they shall meet in the District and perform such duties 

as provided by the twelfth article of amendment. 

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

legislation. 

AMENDMENT XXIV.

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

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

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

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

or other tax. 
UNITED STATES CONSTITUTION

20

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

legislation. 

AMENDMENT XXV.

SECTION. 1. In case of the removal of the President from office or of his death or 

resignation, the Vice President shall become President. 

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

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 tempore of the 

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

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

transmits to them a written declaration to the contrary, such powers and duties 

shall be discharged by the Vice President as Acting President. 

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

officers of the executive departments or of such other body as Congress may by 

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

of the House of Representatives their written declaration that the President is 

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

immediately assume the powers and duties of the office as Acting President. 

Thereafter, when the President transmits to the President pro tempore of the 

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

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

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

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

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

the House of Representatives their written declaration that the President is unable 

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

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

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

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

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

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

Vice President shall continue to discharge the same as Acting President; 

otherwise, the President shall resume the powers and duties of his office. 
UNITED STATES CONSTITUTION

21

AMENDMENT XXVI.

SECTION. 1. The right of citizens of the United States, who are eighteen years of 

age or older, to vote shall not be denied or abridged by the United States or by 

any State on account of age. 

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

legislation. 

AMENDMENT XXVII.

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

Representatives shall take effect, until an election of Representatives shall have 

intervened. 
PRINCIPLES OF PROFESSIONAL ETHICS

22

PRINCIPLES OF PROFESSIONAL ETHICS FOR THE INTELLIGENCE 

COMMUNITY

As members of the intelligence profession, we conduct ourselves in accordance 

with certain basic principles. These principles are stated below, and reflect the 

standard of ethical conduct expected of all Intelligence Community personnel, 

regardless of individual role or agency affiliation. 

Many of these principles are also reflected in other documents that we look to for 

guidance, such as statements of core values, and the Code of Conduct: Principles 

of Ethical Conduct for Government Officers and Employees; it is nonetheless 

important for the Intelligence Community to set forth in a single statement the 

fundamental ethical principles that unite us – and distinguish us – as intelligence 

professionals.

MISSION 

We serve the American people, and understand that our mission requires selfless 

dedication to the security of our Nation.

TRUTH

We seek the truth; speak truth to power; and obtain, analyze, and provide 

intelligence objectively.

LAWFULNESS 

We support and defend the Constitution, and comply with the laws of the United 

States, ensuring that we carry out our mission in a manner that respects privacy, 

civil liberties, and human rights obligations.

INTEGRITY 

We demonstrate integrity in our conduct, mindful that all our actions, whether 

public or not, should reflect positively on the Intelligence Community at large.

STEWARDSHIP

We are responsible stewards of the public trust; we use intelligence authorities 

and resources prudently, protect intelligence sources and methods diligently, 

report wrongdoing through appropriate channels; and remain accountable to 

ourselves, our oversight institutions, and through those institutions, ultimately to 

the American people.
PRINCIPLES OF PROFESSIONAL ETHICS

23

EXCELLENCE

We seek to improve our performance and our craft continuously, share 

information responsibly, collaborate with our colleagues, and demonstrate 

innovation and agility when meeting new challenges.

DIVERSITY

We embrace the diversity of our Nation, promote diversity and inclusion in our 

work force, and encourage diversity in our thinking.
PRINCIPLES OF INTELLIGENCE TRANSPARENCY

24

PRINCIPLES OF INTELLIGENCE TRANSPARENCY FOR THE 

INTELLIGENCE COMMUNITY

The Principles of Intelligence Transparency for the Intelligence Community are 

intended to facilitate IC decisions on making information publicly available in a 

manner that enhances public understanding of intelligence activities, while 

continuing to protect information when disclosure would harm national security. 

These Principles do not modify or supersede applicable laws, executive orders, 

and directives, including Executive Order 13526, Classified National Security 

Information. Instead, they articulate the general norms that elements of the IC 

should follow in implementing those authorities and requirements. 

The Intelligence Community will:

1. Provide appropriate transparency to enhance public understanding about:

a. the IC’s mission and what the IC does to accomplish it (including its 

structure and effectiveness);

b. the laws, directives, authorities, and policies that govern the IC’s 

activities; and

c. the compliance and oversight framework that ensures intelligence 

activities are conducted in accordance with applicable rules.

2. Be proactive and clear in making information publicly available through 

authorized channels, including taking affirmative steps to:

a. provide timely transparency on matters of public interest;

b. prepare information with sufficient clarity and context, so that it is 

readily understandable;

c. make information accessible to the public through a range of 

communications channels, such as those enabled by new technology;

d. engage with stakeholders to better explain information and to 

understand diverse perspectives; and

e. in appropriate circumstances, describe why information cannot be 

made public.

3. In protecting information about intelligence sources, methods, and activities 

from unauthorized disclosure, ensure that IC professionals consistently and 

diligently execute their responsibilities to:

a. classify only that information which, if disclosed without 

authorization, could be expected to cause identifiable or describable 

damage to the national security;
PRINCIPLES OF INTELLIGENCE TRANSPARENCY

25

b. never classify information to conceal violations of law, inefficiency, or 

administrative error, or to prevent embarrassment;

c. distinguish, through portion marking and similar means, classified and 

unclassified information; and

d. consider the public interest to the maximum extent feasible when 

making classification determinations, while continuing to protect 

information as necessary to maintain intelligence effectiveness, protect 

the safety of those who work for or with the IC, or otherwise protect 

national security.

4. Align IC roles, resources, processes, and policies to support robust 

implementation of these principles, consistent with applicable laws, executive 

orders, and directives.
NATIONAL SECURITY ACT OF 1947

26

NATIONAL SECURITY ACT OF 1947

[Public Law 235; 61 STAT. 496; July 26, 1947]

AN ACT To promote the national security by providing for a Secretary of 

Defense; for a National Military Establishment; for a Department of the Army, a 

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

coordination of the activities of the National Military Establishment with other 

departments and agencies of the Government concerned with the national 

security.

Be it enacted by the Senate and House of Representatives of the United States of 

America in Congress assembled,

SHORT TITLE

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

TABLE OF CONTENTS

SEC. 2. Declaration of Policy.

SEC. 3. Definitions.

TITLE I—COORDINATION FOR NATIONAL SECURITY

SEC. 101. National Security Council.

SEC. 101A. Joint Intelligence Community Council.

SEC. 102. Director of National Intelligence.

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

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. Director of the National Counterintelligence and Security Center.

SEC. 103G. Chief Information Officer.

SEC. 103H. Inspector General of the Intelligence Community. 

SEC. 103I. Chief Financial Officer of the Intelligence Community. 

SEC. 103J. Functional Managers for the intelligence community [sic].

SEC. 104. Central Intelligence Agency.
NATIONAL SECURITY ACT OF 1947

27

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

SEC. 104B. Deputy Director of the Central Intelligence Agency.

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

National Intelligence Program.

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

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

investigations; notice of criminal investigations of foreign 

intelligence sources.

SEC. 106. Appointment of officials responsible for intelligence-related 

activities.

SEC. 106A. Director of the National Reconnaissance Office.

SEC. 108. Annual National Security Strategy Report.

SEC. 108A. National intelligence strategy.

SEC. 109. Software licensing.

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

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

SEC. 113. Detail of intelligence community personnel—intelligence 

community assignment program.

SEC. 113A. Non-reimbursable detail of other personnel. 

SEC. 113B. Special pay authority for science, technology, engineering, or 

mathematics positions.

SEC. 114. Annual report on hiring and retention of minority employees.

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

support centers.

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

personnel.

SEC. 117. POW/MIA analytic capability.

SEC. 118. Annual report on financial intelligence on terrorist assets.

SEC. 119. National Counterterrorism Center.

SEC. 119A. National Counter Proliferation Center.

SEC. 119B. National intelligence centers.

SEC. 119C. Foreign Malign Influence Response Center.

SEC. 120. Climate Security Advisory Council.

TITLE II—THE DEPARTMENT OF DEFENSE

SEC. 201. Applicable Laws.

SEC. 205. Department of the Army.

SEC. 206. Department of the Navy.

SEC. 207. Department of the Air Force.
NATIONAL SECURITY ACT OF 1947

28

TITLE III—MISCELLANEOUS

SEC. 301. National Security Agency voluntary separation.

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

services contracts.

SEC. 303. Advisory committees and personnel.

SEC. 304. Reporting of certain employment activities by former intelligence 

officers and employees.

SEC. 307. Authorization for appropriations.

SEC. 308. Definitions.

SEC. 309. Separability.

SEC. 310. Effective date.

SEC. 311. Succession to the Presidency.

SEC. 312. Repealing and saving provisions.

TITLE V—ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

SEC. 501. General congressional oversight provisions.

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

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

SEC. 504. Funding of intelligence activities.

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

defense services.

SEC. 506. Specificity of National Intelligence Program budget amounts for 

counterterrorism, counterproliferation, counternarcotics, and 

counterintelligence.

SEC. 506A. Budget treatment of costs of acquisition of major systems by the 

intelligence community. 

SEC. 506B. Annual personnel level assessments for the intelligence 

community.

SEC. 506C. Vulnerability assessments of major systems.

SEC. 506D. Intelligence community business system transformation.

SEC. 506E. Reports on the acquisition of major systems.

SEC. 506F. Critical cost growth in major systems.

SEC. 506G. Future budget projections. 

SEC. 506H. Reports on security clearances.

SEC. 506I. Summary of intelligence relating to terrorist recidivism of 

detainees held at United States Naval Station, Guantanamo Bay, 

Cuba.

SEC. 507. Dates for submittal of various annual and semiannual reports to the 

congressional intelligence committees.

SEC. 508. Certification of compliance with oversight requirements.
NATIONAL SECURITY ACT OF 1947

29

SEC. 509. Auditability of certain elements of the intelligence community.

SEC. 510. Significant interpretations of law concerning intelligence activities.

SEC. 511. Annual report on violations of law or executive order.

SEC. 512. Briefings and notifications on counterintelligence activities of the 

Federal Bureau of Investigation.

TITLE VI—PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

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

intelligence officers, agents, informants, and sources.

SEC. 602. Defenses and exceptions.

SEC. 603. Extraterritorial jurisdiction.

SEC. 604. Providing information to Congress.

SEC. 605. Definitions.

TITLE VII—PROTECTION OF OPERATIONAL FILES

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

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

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.

SEC. 706. Protection of certain files of the Office of the Director of National 

Intelligence.

TITLE VIII—ACCESS TO CLASSIFIED INFORMATION

SEC. 801. Procedures.

SEC. 802. Requests by authorized investigative agencies.

SEC. 803. Security Executive Agent.

SEC. 804. Exceptions.

SEC. 805. Definitions.

TITLE IX—APPLICATION OF SANCTIONS LAWS TO 

INTELLIGENCE ACTIVITIES

SEC. 901. Stay of sanctions.

SEC. 902. Extension of stay.

SEC. 903. Reports.

SEC. 904. Laws subject to stay.
NATIONAL SECURITY ACT OF 1947

30

TITLE X—EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE

SUBTITLE A—SCIENCE AND TECHNOLOGY

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

science and technology.

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

SUBTITLE B—FOREIGN LANGUAGES PROGRAM

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

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 language 

students.

SEC. 1022. Program on recruitment and training.

SEC. 1023. Educational scholarship program.

SEC. 1024. Intelligence officer training program.

TITLE XI—OTHER PROVISIONS

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

laws implementing international treaties and agreements.

SEC. 1102. Counterintelligence initiatives.

SEC. 1103. Misuse of the Office of the Director of National Intelligence name, 

initials, or seal.

SEC. 1104. Prohibited personnel practices in the Intelligence Community.

SEC. 1105. Semiannual reports on investigations of unauthorized disclosures 

of classified information.

SEC. 1106. Inspector General external review panel.

SEC. 1107. Annual reports on influence operations and campaigns in the 

United States by the Communist Party of China.

SEC. 1108. Annual reports on influence operations and campaigns in the 

United States by the Russian Federation.
NATIONAL SECURITY ACT OF 1947

31

DECLARATION OF POLICY

SEC. 2. [50 U.S.C. § 3002]

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

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

for the establishment of integrated policies and procedures for the departments, 

agencies, and functions of the Government relating to the national security; to 

provide a Department of Defense, including the three military Departments of the 

Army, the Navy (including naval aviation and the United States Marine Corps), 

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

Defense; to provide that each military department shall be separately organized 

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

control of the Secretary of Defense; to provide for their unified direction under 

civilian control of the Secretary of Defense but not to merge these departments or 

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

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

eliminate unnecessary duplication in the Department of Defense, and particularly 

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

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

economical administration in the Department of Defense; to provide for the 

unified strategic direction of the combatant forces, or their operation under 

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

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

nor an overall armed forces general staff.

DEFINITIONS

SEC. 3. [50 U.S.C. § 3003]

As used in this Act: 

(1) The term “intelligence” includes foreign intelligence and counterintelligence.

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

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

organizations, or foreign persons, or international terrorist activities.

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

conducted, to protect against espionage, other intelligence activities, sabotage, or 

assassinations conducted by or on behalf of foreign governments or elements 

thereof, foreign organizations, or foreign persons, or international terrorist 

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.
NATIONAL SECURITY ACT OF 1947

32

(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 collection of 

specialized national intelligence through reconnaissance programs.

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

Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the 

Drug Enforcement Administration, and the Department of Energy.

(I) The Bureau of Intelligence and Research of the Department of State.

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

Treasury.

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

Homeland Security.

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

designated by the President, or designated jointly by the Director of 

National Intelligence and the head of the department or agency 

concerned, as an element of the intelligence community.

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

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

and including information gathered within or outside the United States, that—

(A) pertains, as determined consistent with any guidance issued by the 

President, to more than one United States Government agency; and

(B) that involves—

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

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

destruction; or

(iii) any other matter bearing on United States national or 

homeland security.

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

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

intelligence community designated jointly by the Director of National 

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

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

military departments to acquire intelligence solely for the planning and conduct 

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 House of 

Representatives.
NATIONAL SECURITY ACT OF 1947

33

TITLE I—COORDINATION FOR NATIONAL SECURITY

NATIONAL SECURITY COUNCIL

SEC. 101. [50 U.S.C. § 3021]

(a) NATIONAL SECURITY COUNCIL.—There is a council known as the National 

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

(b) FUNCTIONS.—Consistent with the direction of the President, the functions of 

the Council shall be to—

(1) advise the President with respect to the integration of domestic, 

foreign, and military policies relating to the national security so as to 

enable the Armed Forces and the other departments and agencies of the 

United States Government to cooperate more effectively in matters 

involving the national security;

(2) assess and appraise the objectives, commitments, and risks of the 

United States in relation to the actual and potential military power of the 

United States, and make recommendations thereon to the President;

(3) make recommendations to the President concerning policies on 

matters of common interest to the departments and agencies of the 

United States Government concerned with the national security; and

(4) coordinate, without assuming operational authority, the United States 

Government response to malign foreign influence operations and 

campaigns.

(c) MEMBERSHIP.—

(1) IN GENERAL.—The Council consists of the President, the Vice 

President, the Secretary of State, the Secretary of Defense, the Secretary 

of Energy, the Secretary of the Treasury, and such other officers of the 

United States Government as the President may designate.

(2) ATTENDANCE AND PARTICIPATION IN MEETINGS.—The President 

may designate such other officers of the United States Government as the 

President considers appropriate, including the Director of National 

Intelligence, the Director of National Drug Control Policy, and the 

Chairman of the Joint Chiefs of Staff, to attend and participate in 

meetings of the Council.

(d) PRESIDING OFFICERS.—At meetings of the Council, the President shall 

preside or, in the absence of the President, a member of the Council designated 

by the President shall preside.

(e) STAFF.—

(1) IN GENERAL.—The Council shall have a staff headed by a civilian 

executive secretary appointed by the President.

(2) STAFF.—Consistent with the direction of the President and subject to 

paragraph (3), the executive secretary may, subject to the civil service 
NATIONAL SECURITY ACT OF 1947

34

laws and chapter 51 and subchapter III of chapter 53 of title 5, United 

States Code, appoint and fix the compensation of such personnel as may 

be necessary to perform such duties as may be prescribed by the 

President in connection with performance of the functions of the 

Council.

(3) NUMBER OF PROFESSIONAL STAFF.—The professional staff for which 

this subsection provides shall not exceed 200 persons, including persons 

employed by, assigned to, detailed to, under contract to serve on, or 

otherwise serving or affiliated with the staff. The limitation in this 

paragraph does not apply to personnel serving substantially in support or 

administrative positions.

(f) SPECIAL ADVISOR TO THE PRESIDENT ON INTERNATIONAL RELIGIOUS 

FREEDOM.—It is the sense of Congress that there should be within the staff of the 

Council a Special Adviser to the President on International Religious Freedom, 

whose position should be comparable to that of a director within the Executive 

Office of the President. The Special Adviser should serve as a resource for 

executive branch officials, compiling and maintaining information on the facts 

and circumstances of violations of religious freedom (as defined in section 3 of 

the International Religious Freedom Act of 1998 (22 U.S.C. 6402)), and making 

policy recommendations. The Special Adviser should serve as liaison with the 

Ambassador at Large for International Religious Freedom, the United States 

Commission on International Religious Freedom, Congress and, as advisable, 

religious nongovernmental organizations.

(g) COORDINATOR FOR COMBATING MALIGN FOREIGN INFLUENCE OPERATIONS 

AND CAMPAIGNS.—

(1) IN GENERAL.—The President shall designate an employee of the 

National Security Council to be responsible for the coordination of the 

interagency process for combating malign foreign influence operations 

and campaigns.

(2) CONGRESSIONAL BRIEFING.—

(A) IN GENERAL.—Not less frequently than twice each year, the 

employee designated under this subsection, or the employee‘s 

designee, shall provide to the congressional committees specified 

in subparagraph (B) a briefing on the responsibilities and 

activities of the employee designated under this subsection.

(B) COMMITTEES SPECIFIED.—The congressional committees 

specified in this subparagraph are the following:

(i) The Committees on Armed Services, Foreign Affairs, 

and Oversight and Government Reform, and the 

Permanent Select Committee on Intelligence of the 

House of Representatives.
NATIONAL SECURITY ACT OF 1947

35

(ii) The Committees on Armed Services, Foreign 

Relations, and Homeland Security and Governmental 

Affairs, and the Select Committee on Intelligence of the 

Senate.

(h) DEFINITION OF MALIGN FOREIGN INFLUENCE OPERATIONS AND 

CAMPAIGNS.—In this section, the term “malign foreign influence operations and 

campaigns” means the coordinated, direct or indirect application of national 

diplomatic, informational, military, economic, business, corruption, educational, 

and other capabilities by hostile foreign powers to affect attitudes, behaviors, 

decisions, or outcomes within the United States.

JOINT INTELLIGENCE COMMUNITY COUNCIL

SEC. 101A. [50 U.S.C. § 3022]

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

Community Council.

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

the following:

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

(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 the President 

may designate from time to time.

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

Director of National Intelligence in developing and implementing a joint, unified 

national intelligence effort to protect national security by—

(1) advising the Director on establishing requirements, developing 

budgets, financial management, and monitoring and evaluating the 

performance of the intelligence community, and on such other matters as 

the Director may request; and

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

established or developed by the Director.

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

the Joint Intelligence Community Council as the Director considers appropriate.

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

(1) A member of the Joint Intelligence Community Council (other than 

the Chairman) may submit to the Chairman advice or an opinion in 

disagreement with, or advice or an opinion in addition to, the advice 
NATIONAL SECURITY ACT OF 1947

36

presented by the Director of National Intelligence to the President or the 

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

the Joint Intelligence Community Council. If a member submits such 

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

such member at the same time the Chairman presents the advice of the 

Chairman to the President or the National Security Council, as the case 

may be.

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

presentation of the advice of the Chairman to the President or the 

National Security Council is not unduly delayed by reason of the 

submission of the individual advice or opinion of another member of the 

Council.

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

Community Council may make such recommendations to Congress relating to 

the intelligence community as such member considers appropriate.

DIRECTOR OF NATIONAL INTELLIGENCE

SEC. 102. [50 U.S.C. § 3023]

(a) DIRECTOR OF NATIONAL INTELLIGENCE.—

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

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

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 within the 

Executive Office of the President.

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

of the President, the Director of National Intelligence shall—

(1) serve as head of the intelligence community;

(2) act as the principal adviser to the President, to the National Security 

Council, and the Homeland Security Council for intelligence matters 

related to the national security; and

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

Reform Act of 2004, oversee and direct the implementation of the 

National Intelligence Program.

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

Director of National Intelligence shall not, while so serving, also serve as the 

Director of the Central Intelligence Agency or as the head of any other element 

of the intelligence community.
NATIONAL SECURITY ACT OF 1947

37

RESPONSIBILITIES AND AUTHORITIES OF 

THE DIRECTOR OF NATIONAL INTELLIGENCE

SEC. 102A. [50 U.S.C. § 3024]

(a) PROVISION OF INTELLIGENCE.—

(1) The Director of National Intelligence shall be responsible for 

ensuring that national intelligence is provided—

(A) to the President;

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

branch;

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

military commanders;

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

committees thereof; and

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

determines to be appropriate.

(2) Such national intelligence should be timely, objective, independent of 

political considerations, and based upon all sources available to the 

intelligence community and other appropriate entities.

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

Director of National Intelligence shall have access to all national intelligence and 

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

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

appropriate, under guidelines agreed upon by the Attorney General and the 

Director of National Intelligence.

(c) BUDGET AUTHORITIES.—

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

Intelligence Program, the Director of National Intelligence shall—

(A) based on intelligence priorities set by the President, provide 

to the heads of departments containing agencies or organizations 

within the intelligence community, and to the heads of such 

agencies and organizations, guidance for developing the National 

Intelligence Program budget pertaining to such agencies and 

organizations;

(B) based on budget proposals provided to the Director of 

National Intelligence by the heads of agencies and organizations 

within the intelligence community and the heads of their 

respective departments and, as appropriate, after obtaining the 

advice of the Joint Intelligence Community Council, develop and 

determine an annual consolidated National Intelligence Program 

budget; and
NATIONAL SECURITY ACT OF 1947

38

(C) present such consolidated National Intelligence Program 

budget, together with any comments from the heads of 

departments containing agencies or organizations within the 

intelligence community, to the President for approval.

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

heads of agencies and organizations within the intelligence community 

shall provide the Director of National Intelligence such other information 

as the Director shall request for the purpose of determining the annual 

consolidated National Intelligence Program budget under that paragraph.

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

development by the Secretary of Defense of the annual budget for the 

Military Intelligence Program or any successor program or programs.

(B) The Director of National Intelligence shall provide guidance 

for the development of the annual budget for each element of the 

intelligence community that is not within the National 

Intelligence Program.

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

execution of the annual budget for intelligence and intelligence-related 

activities.

(5)(A) The Director of National Intelligence shall be responsible for 

managing appropriations for the National Intelligence Program by 

directing the allotment or allocation of such appropriations through the 

heads of the departments containing agencies or organizations within the 

intelligence community and the Director of the Central Intelligence 

Agency, with prior notice (including the provision of appropriate 

supporting information) to the head of the department containing an 

agency or organization receiving any such allocation or allotment or the 

Director of the Central Intelligence Agency.

(B) Notwithstanding any other provision of law, pursuant to 

relevant appropriations Acts for the National Intelligence 

Program, the Director of the Office of Management and Budget 

shall exercise the authority of the Director of the Office of 

Management and Budget to apportion funds, at the exclusive 

direction of the Director of National Intelligence, for allocation 

to the elements of the intelligence community through the 

relevant host executive departments and the Central Intelligence 

Agency. Department comptrollers or appropriate budget 

execution officers shall allot, allocate, reprogram, or transfer 

funds appropriated for the National Intelligence Program in an 

expeditious manner.

(C) The Director of National Intelligence shall monitor the 

implementation and execution of the National Intelligence 
NATIONAL SECURITY ACT OF 1947

39

Program by the heads of the elements of the intelligence 

community that manage programs and activities that are part of 

the National Intelligence Program, which may include audits and 

evaluations.

(6) Apportionment and allotment of funds under this subsection shall be 

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

and the Congressional Budget and Impoundment Control Act of 1974 (2 

U.S.C. 621 et seq.).

(7)(A) The Director of National Intelligence shall provide a semi-annual 

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

President and the Congress regarding implementation of this section.

(B) The Director of National Intelligence shall report to the 

President and the Congress not later than 15 days after learning 

of any instance in which a departmental comptroller acts in a 

manner inconsistent with the law (including permanent statutes, 

authorization Acts, and appropriations Acts), or the direction of 

the Director of National Intelligence, in carrying out the National 

Intelligence Program.

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

REPROGRAMMING OF FUNDS.—

(1)(A) No funds made available under the National Intelligence Program 

may be transferred or reprogrammed without the prior approval of the 

Director of National Intelligence, except in accordance with procedures 

prescribed by the Director of National Intelligence.

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

National Intelligence before transferring or reprogramming funds 

made available under the Military Intelligence Program or any 

successor program or programs.

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

of National Intelligence may transfer or reprogram funds appropriated 

for a program within the National Intelligence Program—

(A) to another such program;

(B) to other departments or agencies of the United States 

Government for the development and fielding of systems of 

common concern related to the collection, processing, analysis, 

exploitation, and dissemination of intelligence information; or

(C) to a program funded by appropriations not within the 

National Intelligence Program to address critical gaps in 

intelligence information sharing or access capabilities.

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

funds referred to in paragraph (1)(A)—
NATIONAL SECURITY ACT OF 1947

40

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

Management and Budget; and

(B) after consultation with the heads of departments containing 

agencies or organizations within the intelligence community to 

the extent such agencies or organizations are affected, and, in the 

case of the Central Intelligence Agency, after consultation with 

the Director of the Central Intelligence Agency.

(4) The amounts available for transfer or reprogramming in the National 

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

conditions governing such transfers and reprogrammings, are subject to 

the provisions of annual appropriations Acts and this subsection.

(5)(A) A transfer or reprogramming of funds may be made under this 

subsection only if—

(i) the funds are being transferred to an activity that is a 

higher priority intelligence activity;

(ii) the transfer or reprogramming supports an emergent 

need, improves program effectiveness, or increases 

efficiency;

(iii) the transfer or reprogramming does not involve a 

transfer or reprogramming of funds to a Reserve for 

Contingencies of the Director of National Intelligence or 

the Reserve for Contingencies of the Central Intelligence 

Agency;

(iv) the transfer or reprogramming results in a 

cumulative transfer or reprogramming of funds out of 

any department or agency, as appropriate, funded in the 

National Intelligence Program in a single fiscal year—

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

(II) that is less than 5 percent of amounts 

available to a department or agency under the 

National Intelligence Program; and

(v) the transfer or reprogramming does not terminate an 

acquisition program.

(B) A transfer or reprogramming may be made without regard to 

a limitation set forth in clause (iv) or (v) of subparagraph (A) if 

the transfer has the concurrence of the head of the department 

involved or the Director of the Central Intelligence Agency (in 

the case of the Central Intelligence Agency). The authority to 

provide such concurrence may only be delegated by the head of 

the department involved or the Director of the Central 

Intelligence Agency (in the case of the Central Intelligence 

Agency) to the deputy of such officer.
NATIONAL SECURITY ACT OF 1947

41

(6) Funds transferred or reprogrammed under this subsection shall 

remain available for the same period as the appropriations account to 

which transferred or reprogrammed.

(7) Any transfer or reprogramming of funds under this subsection shall 

be carried out in accordance with existing procedures applicable to 

reprogramming notifications for the appropriate congressional 

committees. Any proposed transfer or reprogramming for which notice is 

given to the appropriate congressional committees shall be accompanied 

by a report explaining the nature of the proposed transfer or 

reprogramming and how it satisfies the requirements of this subsection. 

In addition, the congressional intelligence committees shall be promptly 

notified of any transfer or reprogramming of funds made pursuant to this 

subsection in any case in which the transfer or reprogramming would not 

have otherwise required reprogramming notification under procedures in 

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 for such 

purposes, in the first twelve months after establishment of a new national 

intelligence center, the Director of National Intelligence, with the 

approval of the Director of the Office of Management and Budget and in 

consultation with the congressional committees of jurisdiction referred to 

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

authorized for elements of the intelligence community to such center.

(B) The Director of National Intelligence shall promptly provide 

notice of any transfer of personnel made pursuant to this 

paragraph to—

(i) the congressional intelligence committees;

(ii) the Committees on Appropriations of the Senate and 

the House of Representatives;

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

Department of Defense, the Committees on Armed 

Services of the Senate and the House of Representatives; 

and

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

Department of Justice, to the Committees on the 

Judiciary of the Senate and the House of 

Representatives.

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

(B) an explanation of the nature of the transfer and how it 

satisfies the requirements of this subsection.

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

Director of the Office of Management and Budget and in accordance 
NATIONAL SECURITY ACT OF 1947

42

with procedures to be developed by the Director of National Intelligence 

and the heads of the departments and agencies concerned, may transfer 

personnel authorized for an element of the intelligence community to 

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

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

only if—

(i) the personnel are being transferred to an activity that 

is a higher priority intelligence activity; and

(ii) the transfer supports an emergent need, improves 

program effectiveness, or increases efficiency.

(C) The Director of National Intelligence shall promptly provide 

notice of any transfer of personnel made pursuant to this 

paragraph to—

(i) the congressional intelligence committees;

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

Department of Defense, the Committees on Armed 

Services of the Senate and the House of Representatives; 

and

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

Department of Justice, to the Committees on the 

Judiciary of the Senate and the House of 

Representatives.

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

(C) an explanation of the nature of the transfer and how it 

satisfies the requirements of this paragraph.

(3)(A) In addition to the number of full-time equivalent positions

authorized for the Office of the Director of National Intelligence for a

fiscal year, there is authorized for such Office for each fiscal year an 

additional 100 full-time equivalent positions that may be used only for 

the purposes described in subparagraph (B).

(B) Except as provided in subparagraph (C), the Director of 

National Intelligence may use a full-time equivalent position 

authorized under subparagraph (A) only for the purpose of 

providing a temporary transfer of personnel made in accordance 

with paragraph (2) to an element of the intelligence community 

to enable such element to increase the total number of personnel 

authorized for such element, on a temporary basis—

(i) during a period in which a permanent employee of 

such element is absent to participate in critical language 

training; or
NATIONAL SECURITY ACT OF 1947

43

(ii) to accept a permanent employee of another element 

of the intelligence community to provide languagecapable services.

(C) Paragraph (2)(B) shall not apply with respect to a transfer of 

personnel made under subparagraph (B).

(D) For each of the fiscal years 2010, 2011, and 2012, the 

Director of National Intelligence shall submit to the 

congressional intelligence committees an annual report on the 

use of authorities under this paragraph. Each such report 

shall include a description of—

(i) the number of transfers of personnel made by the 

Director pursuant to subparagraph (B), disaggregated by 

each element of the intelligence community;

(ii) the critical language needs that were fulfilled or 

partially fulfilled through the use of such transfers; and

(iii) the cost to carry out subparagraph (B).

(4) It is the sense of Congress that—

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

States will continue to challenge the intelligence community to 

respond rapidly and flexibly to bring analytic resources to bear 

against emerging and unforeseen requirements;

(B) both the Office of the Director of National Intelligence and 

any analytic centers determined to be necessary should be fully 

and properly supported with appropriate levels of personnel 

resources and that the President’s yearly budget requests 

adequately support those needs; and

(C) the President should utilize all legal and administrative 

discretion to ensure that the Director of National Intelligence and 

all other elements of the intelligence community have the 

necessary resources and procedures to respond promptly and 

effectively to emerging and unforeseen national security 

challenges.

(f) TASKING AND OTHER AUTHORITIES.—

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

(i) establish objectives, priorities, and guidance for the 

intelligence community to ensure timely and effective 

collection, processing, analysis, and dissemination 

(including access by users to collected data consistent 

with applicable law and, as appropriate, the guidelines 

referred to in subsection (b) and analytic products 

generated by or within the intelligence community) of 

national intelligence;
NATIONAL SECURITY ACT OF 1947

44

(ii) determine requirements and priorities for, and 

manage and direct the tasking of, collection, analysis, 

production, and dissemination of national intelligence by 

elements of the intelligence community, including—

(I) approving requirements (including those 

requirements responding to needs provided by 

consumers) for collection and analysis; and

(II) resolving conflicts in collection 

requirements and in the tasking of national 

collection assets of the elements of the 

intelligence community; and

(iii) provide advisory tasking to intelligence elements of 

those agencies and departments not within the National 

Intelligence Program.

(B) The authority of the Director of National Intelligence under 

subparagraph (A) shall not apply—

(i) insofar as the President so directs;

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

insofar as the Secretary of Defense exercises tasking 

authority under plans or arrangements agreed upon by 

the Secretary of Defense and the Director of National 

Intelligence; or

(iii) to the direct dissemination of information to State 

government and local government officials and private 

sector entities pursuant to sections 201 and 892 of the 

Homeland Security Act of 2002 (6 U.S.C. 121, 482).

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

Counterterrorism Center, the National Counterproliferation Center, and 

the National Counterintelligence and Security Center and may establish 

such other national intelligence centers as the Director determines 

necessary.

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

consultation with the heads of other agencies or elements of the 

intelligence community, and the heads of their respective departments, 

personnel policies and programs applicable to the intelligence 

community that—

(i) encourage and facilitate assignments and details of 

personnel to national intelligence centers, and between 

elements of the intelligence community;

(ii) set standards for education, training, and career 

development of personnel of the intelligence 

community;
NATIONAL SECURITY ACT OF 1947

45

(iii) encourage and facilitate the recruitment and 

retention by the intelligence community of highly 

qualified individuals for the effective conduct of 

intelligence activities;

(iv) ensure that the personnel of the intelligence 

community are sufficiently diverse for purposes of the 

collection and analysis of intelligence through the 

recruitment and training of women, minorities, and 

individuals with diverse ethnic, cultural, and linguistic 

backgrounds;

(v) make service in more than one element of the 

intelligence community a condition of promotion to such 

positions within the intelligence community as the 

Director shall specify; and

(vi) ensure the effective management of intelligence 

community personnel who are responsible for 

intelligence community-wide matters.

(B) Policies prescribed under subparagraph (A) shall not be 

inconsistent with the personnel policies otherwise applicable to 

members of the uniformed services.

(4) The Director of National Intelligence shall ensure compliance with 

the Constitution and laws of the United States by the Central Intelligence 

Agency and shall ensure such compliance by other elements of the 

intelligence community through the host executive departments that 

manage the programs and activities that are part of the National 

Intelligence Program.

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

waste and unnecessary duplication within the intelligence community.

(6) The Director of National Intelligence shall establish requirements and 

priorities for foreign intelligence information to be collected under the 

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 

and provide assistance to the Attorney General to ensure that information 

derived from electronic surveillance or physical searches under that Act 

is disseminated so it may be used efficiently and effectively for national 

intelligence purposes, except that the Director shall have no authority to 

direct or undertake electronic surveillance or physical search operations 

pursuant to that Act unless authorized by statute or Executive order.

(7)(A) The Director of National Intelligence shall, if the Director 

determines it is necessary, or may, if requested by a congressional 

intelligence committee, conduct an accountability review of an element 

of the intelligence community or the personnel of such element in 
NATIONAL SECURITY ACT OF 1947

46

relation to a failure or deficiency within the intelligence 

community.

(B) The Director of National Intelligence, in consultation with 

the Attorney General, shall establish guidelines and procedures 

for conducting an accountability review under subparagraph (A).

(C)(i) The Director of National Intelligence shall provide the 

findings of an accountability review conducted under 

subparagraph (A) and the Director’s recommendations for 

corrective or punitive action, if any, to the head of the applicable 

element of the intelligence community. Such recommendations 

may include a recommendation for dismissal of personnel.

(ii) If the head of such element does not implement a 

recommendation made by the Director under clause (i), 

the head of such element shall submit to the 

congressional intelligence committees a notice of the 

determination not to implement the recommendation, 

including the reasons for the determination.

(D) The requirements of this paragraph shall not be construed to 

limit any authority of the Director of National Intelligence under 

subsection (m) or with respect to supervision of the Central 

Intelligence Agency.

(8) The Director of National Intelligence shall perform such other 

functions as the President may direct.

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

Department of Justice or the Attorney General under the Foreign 

Intelligence Surveillance Act of 1978.

(g) INTELLIGENCE INFORMATION SHARING.—

(1) The Director of National Intelligence shall have principal authority to 

ensure maximum availability of and access to intelligence information 

within the intelligence community consistent with national security 

requirements. The Director of National Intelligence shall—

(A) establish uniform security standards and procedures;

(B) establish common information technology standards, 

protocols, and interfaces;

(C) ensure development of information technology systems that 

include multi-level security and intelligence integration 

capabilities;

(D) establish policies and procedures to resolve conflicts 

between the need to share intelligence information and the need 

to protect intelligence sources and methods;
NATIONAL SECURITY ACT OF 1947

47

(E) develop an enterprise architecture for the intelligence 

community and ensure that elements of the intelligence 

community comply with such architecture; 

(F) have procurement approval authority over all enterprise 

architecture-related information technology items funded in the 

National Intelligence Program; and

(G) in accordance with Executive Order No. 13526 (75 Fed. 

Reg. 707; relating to classified national security information) (or 

any subsequent corresponding executive order), and part 2001 of 

title 32, Code of Federal Regulations (or any subsequent 

corresponding regulation), establish—

(i) guidance to standardize, in appropriate cases, the 

formats for classified and unclassified intelligence 

products created by elements of the intelligence 

community for purposes of promoting the sharing of 

intelligence products; and

(ii) policies and procedures requiring the increased use, 

in appropriate cases, and including portion markings, of 

the classification of portions of information within one 

intelligence product.

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

has all necessary support and authorities to fully and effectively 

implement paragraph (1).

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

written agreement of the head of the department or agency in question, a 

Federal agency or official shall not be considered to have met any 

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

material (including unevaluated intelligence information) to that 

department or agency solely by virtue of having provided that 

information, report, assessment, or other material to the Director of 

National Intelligence or the National Counterterrorism Center.

(4) The Director of National Intelligence shall, in a timely manner, report 

to Congress any statute, regulation, policy, or practice that the Director 

believes impedes the ability of the Director to fully and effectively 

ensure maximum availability of access to intelligence information within 

the intelligence community consistent with the protection of the national 

security of the United States.

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

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

Intelligence shall—

(1) implement policies and procedures—
NATIONAL SECURITY ACT OF 1947

48

(A) to encourage sound analytic methods and tradecraft 

throughout the elements of the intelligence community;

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

and

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

regularly conduct competitive analysis of analytic products, 

whether such products are produced by or disseminated to such 

elements;

(2) ensure that resource allocation for intelligence analysis is 

appropriately proportional to resource allocation for intelligence 

collection systems and operations in order to maximize analysis of all 

collected data;

(3) ensure that differences in analytic judgment are fully considered and 

brought to the attention of policymakers; and

(4) ensure that sufficient relationships are established between 

intelligence collectors and analysts to facilitate greater understanding of 

the needs of analysts.

(i) PROTECTION OF INTELLIGENCE SOURCES AND METHODS.—

(1) The Director of National Intelligence shall protect intelligence 

sources and methods from unauthorized disclosure.

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

dissemination of intelligence, the Director of National Intelligence shall 

establish and implement guidelines for the intelligence community for 

the following purposes:

(A) Classification of information under applicable law, 

Executive orders, or other Presidential directives.

(B) Access to and dissemination of intelligence, both in final 

form and in the form when initially gathered.

(C) Preparation of intelligence products in such a way that 

source information is removed to allow for dissemination at the 

lowest level of classification possible or in unclassified form to 

the extent practicable.

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

under this subsection to the Principal Deputy Director of National 

Intelligence.

(j) UNIFORM PROCEDURES FOR CLASSIFIED INFORMATION.—The Director of 

National Intelligence, subject to the direction of the President, shall—

(1) establish uniform standards and procedures for the grant of access to 

sensitive compartmented information to any officer or employee of any 

agency or department of the United States and to employees of 

contractors of those agencies or departments;
NATIONAL SECURITY ACT OF 1947

49

(2) ensure the consistent implementation of those standards and 

procedures throughout such agencies and departments;

(3) ensure that security clearances granted by individual elements of the 

intelligence community are recognized by all elements of the intelligence 

community, and under contracts entered into by those agencies; 

(4) ensure that the process for investigation and adjudication of an 

application for access to sensitive compartmented information is 

performed in the most expeditious manner possible consistent with 

applicable standards for national security;

(5) ensure that the background of each employee or officer of an element 

of the intelligence community, each contractor to an element of the 

intelligence community, and each individual employee of such a 

contractor who has been determined to be eligible for access to classified 

information is monitored on a continual basis under standards developed 

by the Director, including with respect to the frequency of evaluation, 

during the period of eligibility of such employee or officer of an element 

of the intelligence community, such contractor, or such individual 

employee to such a contractor to determine whether such employee or 

officer of an element of the intelligence community, such contractor, and 

such individual employee of such a contractor continues to meet the 

requirements for eligibility for access to classified information; and

(6) develop procedures to require information sharing between elements 

of the intelligence community concerning potentially derogatory security 

information regarding an employee or officer of an element of the 

intelligence community, a contractor to an element of the intelligence 

community, or an individual employee of such a contractor that may 

impact the eligibility of such employee or officer of an element of the 

intelligence community, such contractor, or such individual employee of 

such a contractor for a security clearance.

(k) COORDINATION WITH FOREIGN GOVERNMENTS.—Under the direction of the 

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

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

coordination of the relationships between elements of the intelligence community 

and the intelligence or security services of foreign governments or international 

organizations on all matters involving intelligence related to the national security 

or involving intelligence acquired through clandestine means.

(l) ENHANCED PERSONNEL MANAGEMENT.—

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

prescribed by the Director, provide incentives for personnel of elements 

of the intelligence community to serve—

(i) on the staff of the Director of National Intelligence;

(ii) on the staff of the national intelligence centers;
NATIONAL SECURITY ACT OF 1947

50

(iii) on the staff of the National Counterterrorism Center; 

and

(iv) in other positions in support of the intelligence 

community management functions of the Director.

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

incentives, bonuses, and such other awards and incentives as the 

Director considers appropriate.

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

element of the intelligence community who are assigned or detailed 

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

Intelligence shall be promoted at rates equivalent to or better than 

personnel of such element who are not so assigned or detailed.

(B) The Director may prescribe regulations to carry out this 

paragraph.

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

to facilitate the rotation of personnel of the intelligence community 

through various elements of the intelligence community in the course of 

their careers in order to facilitate the widest possible understanding by 

such personnel of the variety of intelligence requirements, methods, 

users, and capabilities.

(B) The mechanisms prescribed under subparagraph (A) may 

include the following:

(i) The establishment of special occupational categories 

involving service, over the course of a career, in more 

than one element of the intelligence community.

(ii) The provision of rewards for service in positions 

undertaking analysis and planning of operations 

involving two or more elements of the intelligence 

community.

(iii) The establishment of requirements for education, 

training, service, and evaluation for service involving 

more than one element of the intelligence community.

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

under this subsection should, to the extent practical, seek to 

duplicate for civilian personnel within the intelligence 

community the joint officer management policies established by 

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

amendments made by title IV of the Goldwater-Nichols 

Department of Defense Reorganization Act of 1986 (Public Law 

99-433).

(D) The mechanisms prescribed under subparagraph (A) and any 

other policies of the Director—
NATIONAL SECURITY ACT OF 1947

51

(i) may not require an employee of an office of inspector 

general for an element of the intelligence community, 

including the Office of the Inspector General of the 

Intelligence Community, to rotate to a position in an 

office or organization of such an element over which 

such office of inspector general exercises jurisdiction; 

and

(ii) shall be implemented in a manner that exempts 

employees of an office of inspector general from a 

rotation that may impact the independence of such 

office.

(4)(A) Except as provided in subparagraph (B) and subparagraph (D), 

this subsection shall not apply with respect to personnel of the elements 

of the intelligence community who are members of the uniformed 

services.

(B) Mechanisms that establish requirements for education and 

training pursuant to paragraph (3)(B)(iii) may apply with respect 

to members of the uniformed services who are assigned to an 

element of the intelligence community funded through the 

National Intelligence Program, but such mechanisms shall not be 

inconsistent with personnel policies and education and training 

requirements otherwise applicable to members of the uniformed 

services.

(C) The personnel policies and programs developed and 

implemented under this subsection with respect to law 

enforcement officers (as that term is defined in section 5541(3) 

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

enforcement entities to conduct operations or, through the 

applicable chain of command, to control the activities of such 

law enforcement officers.

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

Intelligence of commissioned officers of the Armed Forces shall 

be considered a joint-duty assignment for purposes of the joint 

officer management policies prescribed by chapter 38 of title 10, 

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 Director of 

National Intelligence may exercise with respect to the personnel of the 

Office of the Director of National Intelligence any authority of the 

Director of the Central Intelligence Agency with respect to the personnel 

of the Central Intelligence Agency under the Central Intelligence Agency 

Act of 1949 [50 U.S.C. § 3501 et seq.], and other applicable provisions 
NATIONAL SECURITY ACT OF 1947

52

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

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

Director of the Central Intelligence Agency may exercise such authority 

with respect to personnel of the Central Intelligence Agency.

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

Director of National Intelligence shall have the same rights and 

protections under the Office of the Director of National Intelligence as 

employees of the Central Intelligence Agency have under the Central 

Intelligence Agency Act of 1949, and other applicable provisions of law, 

as of the date of the enactment of this subsection.

(n) ACQUISITION AND OTHER AUTHORITIES.—

(1) In carrying out the responsibilities and authorities under this section, 

the Director of National Intelligence may exercise the acquisition and 

appropriations authorities referred to in the Central Intelligence Agency 

Act of 1949 [50 U.S.C. § 3501 et seq.] other than the authorities referred 

to in section 8(b) of that Act [50 U.S.C. § 3510(b)].

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

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

a reference to the Director of National Intelligence or the Principal 

Deputy Director of National Intelligence.

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

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

respect to individual purchases and contracts or with respect to classes of 

purchases or contracts, and shall be final.

(B) Except as provided in subparagraph (C), the Director of 

National Intelligence or the Principal Deputy Director of 

National Intelligence may, in such official’s discretion, delegate 

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

National Intelligence any authority to make a determination or 

decision as the head of the agency under an authority referred to 

in paragraph (1).

(C) The limitations and conditions set forth in section 3(d) of the 

Central Intelligence Agency Act of 1949 [50 U.S.C. § 3503(d)]

shall apply to the exercise by the Director of National 

Intelligence of an authority referred to in paragraph (1).

(D) Each determination or decision required by an authority 

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

Intelligence Agency Act of 1949 shall be based upon written 

findings made by the official making such determination or 

decision, which findings shall be final and shall be available 

within the Office of the Director of National Intelligence for a 
NATIONAL SECURITY ACT OF 1947

53

period of at least six years following the date of such 

determination or decision.

(4)(A) In addition to the authority referred to in paragraph (1), the 

Director of National Intelligence may authorize the head of an element of 

the intelligence community to exercise an acquisition authority referred 

to in section 3 or 8(a) of the Central Intelligence Agency Act of 1949 [50 

U.S.C. §§ 3503 and 3510(a)] for an acquisition by such element that is 

more than 50 percent funded under the National Intelligence Program.

(B) The head of an element of the intelligence community may 

not exercise an authority referred to in subparagraph (A) until—

(i) the head of such element (without delegation) submits

to the Director of National Intelligence a written request 

that includes—

(I) a description of such authority requested to be 

exercised;

(II) an explanation of the need for such authority, 

including an explanation of the reasons that other 

authorities are insufficient; and

(III) a certification that the mission of such

element would be—

(aa) impaired if such authority is not

exercised; or

(bb) significantly and measurably 

enhanced if such authority is exercised; 

and

(ii) the Director of National Intelligence issues a written 

authorization that includes—

(I) a description of the authority referred to in 

subparagraph (A) that is authorized to be 

exercised; and

(II) a justification to support the exercise of such 

authority.

(C) A request and authorization to exercise an authority referred

to in subparagraph (A) may be made with respect to an

individual acquisition or with respect to a specific class of 

acquisitions described in the request and authorization referred to 

in subparagraph (B).

(D)(i) A request from a head of an element of the intelligence 

community located within one of the departments described in 

clause (ii) to exercise an authority referred to in subparagraph 

(A) shall be submitted to the Director of National Intelligence in 
NATIONAL SECURITY ACT OF 1947

54

accordance with any procedures established by the head of such 

department.

(ii) The departments described in this clause are the 

Department of Defense, the Department of Energy, the 

Department of Homeland Security, the Department of 

Justice, the Department of State, and the Department of 

the Treasury.

(E)(i) The head of an element of the intelligence community may 

not be authorized to utilize an authority referred to in 

subparagraph (A) for a class of acquisitions for a period of more 

than 3 years, except that the Director of National Intelligence 

(without delegation) may authorize the use of such an authority 

for not more than 6 years.

(ii) Each authorization to utilize an authority referred to 

in subparagraph (A) may be extended in accordance with 

the requirements of subparagraph (B) for successive 

periods of not more than 3 years, except that the Director 

of National Intelligence (without delegation) may 

authorize an extension period of not more than 6 years.

(F) Subject to clauses (i) and (ii) of subparagraph (E), the 

Director of National Intelligence may only delegate the authority 

of the Director under subparagraphs (A) through (E) to the 

Principal Deputy Director of National Intelligence or a Deputy 

Director of National Intelligence.

(G) The Director of National Intelligence shall submit—

(i) to the congressional intelligence committees a 

notification of an authorization to exercise an authority 

referred to in subparagraph (A) or an extension of such 

authorization that includes the written authorization 

referred to in subparagraph (B)(ii); and

(ii) to the Director of the Office of Management and 

Budget a notification of an authorization to exercise an 

authority referred to in subparagraph (A) for an 

acquisition or class of acquisitions that will exceed 

$50,000,000 annually.

(H) Requests and authorizations to exercise an authority referred 

to in subparagraph (A) shall remain available within the Office 

of the Director of National Intelligence for a period of at least 6 

years following the date of such request or authorization.

(I) Nothing in this paragraph may be construed to alter or 

otherwise limit the authority of the Central Intelligence Agency 

to independently exercise an authority under section 3 or 8(a) of 
NATIONAL SECURITY ACT OF 1947

55

the Central Intelligence Agency Act of 1949 [50 U.S.C. §§ 3503 

and 3510(a)].

(o) CONSIDERATION OF VIEWS OF ELEMENTS OF INTELLIGENCE COMMUNITY.—

In carrying out the duties and responsibilities under this section, the Director of 

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

containing an element of the intelligence community and of the Director of the 

Central Intelligence Agency.

(p) RESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE REGARDING 

NATIONAL INTELLIGENCE PROGRAM BUDGET CONCERNING THE DEPARTMENT 

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

Intelligence shall, after consultation with the Secretary of Defense, ensure that 

the National Intelligence Program budgets for the elements of the intelligence 

community that are within the Department of Defense are adequate to satisfy the 

national intelligence needs of the Department of Defense, including the needs of 

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

specified commands, and wherever such elements are performing Governmentwide functions, the needs of other Federal departments and agencies.

(q) ACQUISITIONS OF MAJOR SYSTEMS.—

(1) For each intelligence program within the National Intelligence 

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

Intelligence shall—

(A) require the development and implementation of a program 

management plan that includes cost, schedule, security risks, and 

performance goals and program milestone criteria, except that 

with respect to Department of Defense programs the Director 

shall consult with the Secretary of Defense;

(B) serve as exclusive milestone decision authority, except that 

with respect to Department of Defense programs the Director 

shall serve as milestone decision authority jointly with the 

Secretary of Defense or the designee of the Secretary; and

(C) periodically—

(i) review and assess the progress made toward the 

achievement of the goals and milestones established in 

such plan; and

(ii) submit to Congress a report on the results of such 

review and assessment.

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

are unable to reach an agreement on a milestone decision under 

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

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

the Director of National Intelligence to delegate to any other official any 
NATIONAL SECURITY ACT OF 1947

56

authority to perform the responsibilities of the Director under this 

subsection.

(4) In this subsection:

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

acquisition of a major system, means a program that—

(i) is carried out to acquire such major system for an 

element of the intelligence community; and

(ii) is funded in whole out of amounts available for the 

National Intelligence Program.

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

section 4(9) of the Federal Property and Administrative Services 

Act of 1949 [41 U.S.C. § 109].

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

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

the United States Government containing elements within the intelligence 

community and with the Director of the Central Intelligence Agency, coordinate 

the performance by the elements of the intelligence community within the 

National Intelligence Program of such services as are of common concern to the 

intelligence community, which services the Director of National Intelligence 

determines can be more efficiently accomplished in a consolidated manner.

(s) PAY AUTHORITY FOR CRITICAL POSITIONS.—

(1) Notwithstanding any pay limitation established under any other 

provision of law applicable to employees in elements of the intelligence 

community, the Director of National Intelligence may, in coordination 

with the Director of the Office of Personnel Management and the 

Director of the Office of Management and Budget, grant authority to the 

head of a department or agency to fix the rate of basic pay for one or 

more positions within the intelligence community at a rate in excess of 

any applicable limitation, subject to the provisions of this subsection. 

The exercise of authority so granted is at the discretion of the head of the 

department or agency employing the individual in a position covered by 

such authority, subject to the provisions of this subsection and any 

conditions established by the Director of National Intelligence when 

granting such authority.

(2) Authority under this subsection may be granted or exercised only—

(A) with respect to a position that requires an extremely high 

level of expertise and is critical to successful accomplishment of 

an important mission; and

(B) to the extent necessary to recruit or retain an individual 

exceptionally well qualified for the position.

(3) The head of a department or agency may not fix a rate of basic pay 

under this subsection at a rate greater than the rate payable for level II of 
NATIONAL SECURITY ACT OF 1947

57

the Executive Schedule under section 5313 of title 5, United States Code, 

except upon written approval of the Director of National Intelligence or 

as otherwise authorized by law.

(4) The head of a department or agency may not fix a rate of basic pay 

under this subsection at a rate greater than the rate payable for level I of 

the Executive Schedule under section 5312 of title 5, United States Code, 

except upon written approval of the President in response to a request by 

the Director of National Intelligence or as otherwise authorized by law.

(5) Any grant of authority under this subsection for a position shall 

terminate at the discretion of the Director of National Intelligence.

(6)(A) The Director of National Intelligence shall notify the 

congressional intelligence committees not later than 30 days after the 

date on which the Director grants authority to the head of a department 

or agency under this subsection.

(B) The head of a department or agency to which the Director of 

National Intelligence grants authority under this subsection shall 

notify the congressional intelligence committees and the Director 

of the exercise of such authority not later than 30 days after the 

date on which such head exercises such authority.

(t) AWARD OF RANK TO MEMBERS OF THE SENIOR NATIONAL INTELLIGENCE 

SERVICE.—

(1) The President, based on the recommendation of the Director of 

National Intelligence, may award a rank to a member of the Senior 

National Intelligence Service or other intelligence community senior 

civilian officer not already covered by such a rank award program in the 

same manner in which a career appointee of an agency may be awarded a 

rank under section 4507 of title 5, United States Code.

(2) The President may establish procedures to award a rank under

paragraph (1) to a member of the Senior National Intelligence Service or

a senior civilian officer of the intelligence community whose identity as 

such a member or officer is classified information (as defined in section 

606(1)).

(u) CONFLICT OF INTEREST REGULATIONS.—The Director of National 

Intelligence, in consultation with the Director of the Office of Government 

Ethics, shall issue regulations prohibiting an officer or employee of an element of 

the intelligence community from engaging in outside employment if such 

employment creates a conflict of interest or appearance thereof.

(v) AUTHORITY TO ESTABLISH POSITIONS IN EXCEPTED SERVICE.—

(1) The Director of National Intelligence, with the concurrence of the 

head of the covered department concerned and in consultation with the 

Director of the Office of Personnel Management, may—
NATIONAL SECURITY ACT OF 1947

58

(A) convert competitive service positions, and the incumbent of 

such positions, within an element of the intelligence community 

in such department, to excepted service positions as the Director 

of National Intelligence determines necessary to carry out the 

intelligence functions of such element; and

(B) establish new positions in the excepted service within an 

element of the intelligence community in such department, if the 

Director of National Intelligence determines such positions are 

necessary to carry out the intelligence functions of such element.

(2) An incumbent occupying a position on the date of the enactment of 

the Intelligence Authorization Act for Fiscal Year 2012 selected to be 

converted to the excepted service under this section shall have the right 

to refuse such conversion. Once such individual no longer occupies the 

position, the position may be converted to the excepted service.

(3) A covered department may appoint an individual to a position 

converted or established pursuant to this subsection without regard to the 

civil-service laws, including parts II and III of title 5, United States 

Code.

(4) In this subsection, the term “covered department” means the 

Department of Energy, the Department of Homeland Security, the 

Department of State, or the Department of the Treasury.

(w) NUCLEAR PROLIFERATION ASSESSMENT STATEMENTS INTELLIGENCE 

COMMUNITY ADDENDUM.—The Director of National Intelligence, in 

consultation with the heads of the appropriate elements of the intelligence 

community and the Secretary of State, shall provide to the President, the 

congressional intelligence committees, the Committee on Foreign Affairs of the 

House of Representatives, and the Committee on Foreign Relations of the Senate 

an addendum to each Nuclear Proliferation Assessment Statement accompanying 

a civilian nuclear cooperation agreement, containing a comprehensive analysis of 

the country’s export control system with respect to nuclear-related matters, 

including interactions with other countries of proliferation concern and the actual 

or suspected nuclear, dual-use, or missile-related transfers to such countries.

(x) REQUIREMENTS FOR INTELLIGENCE COMMUNITY CONTRACTORS.—The 

Director of National Intelligence, in consultation with the head of each 

department of the Federal Government that contains an element of the 

intelligence community and the Director of the Central Intelligence Agency, 

shall—

(1) ensure that—

(A) any contractor to an element of the intelligence community 

with access to a classified network or classified information 

develops and operates a security plan that is consistent with 
NATIONAL SECURITY ACT OF 1947

59

standards established by the Director of National Intelligence for 

intelligence community networks; and

(B) each contract awarded by an element of the intelligence 

community includes provisions requiring the contractor comply 

with such plan and such standards;

(2) conduct periodic assessments of each security plan required under 

paragraph (1)(A) to ensure such security plan complies with the 

requirements of such paragraph; and

(3) ensure that the insider threat detection capabilities and insider threat 

policies of the intelligence community apply to facilities of contractors 

with access to a classified network.

(y) FUNDRAISING.—

(1) The Director of National Intelligence may engage in fundraising in an 

official capacity for the benefit of nonprofit organizations that—

(A) provide support to surviving family members of a deceased 

employee of an element of the intelligence community; or

(B) otherwise provide support for the welfare, education, or 

recreation of employees of an element of the intelligence 

community, former employees of an element of the intelligence 

community, or family members of such employees.

(2) In this subsection, the term “fundraising” means the raising of funds 

through the active participation in the promotion, production, or 

presentation of an event designed to raise funds and does not include the 

direct solicitation of money by any other means.

(3) Not later than 7 days after the date the Director engages in 

fundraising authorized by this subsection or at the time the decision is 

made to participate in such fundraising, the Director shall notify the 

congressional intelligence committees of such fundraising.

(4) The Director, in consultation with the Director of the Office of 

Government Ethics, shall issue regulations to carry out the authority 

provided in this subsection. Such regulations shall ensure that such 

authority is exercised in a manner that is consistent with all relevant 

ethical constraints and principles, including the avoidance of any 

prohibited conflict of interest or appearance of impropriety.

(z) ANALYSES AND IMPACT STATEMENTS REGARDING PROPOSED INVESTMENT 

INTO THE UNITED STATES.—

(1) Not later than 20 days after the completion of a review or an 

investigation of any proposed investment into the United States for 

which the Director has prepared analytic materials, the Director shall 

submit to the Select Committee on Intelligence of the Senate and the 

Permanent Select Committee on Intelligence of the House of 
NATIONAL SECURITY ACT OF 1947

60

Representative copies of such analytic materials, including any 

supplements or amendments to such analysis made by the Director.

(2) Not later than 60 days after the completion of consideration by the 

United States Government of any investment described in paragraph (1), 

the Director shall determine whether such investment will have an 

operational impact on the intelligence community, and, if so, shall 

submit a report on such impact to the Select Committee on Intelligence 

of the Senate and the Permanent Select Committee on Intelligence of the 

House of Representatives. Each such report shall—

(A) describe the operational impact of the investment on the 

intelligence community; and

(B) describe any actions that have been or will be taken to 

mitigate such impact.

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

SEC. 103. [50 U.S.C. § 3025]

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

the Director of National Intelligence.

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

Intelligence is to assist the Director of National Intelligence in carrying out the 

duties and responsibilities of the Director under this Act and other applicable 

provisions of law, and to carry out such other duties as may be prescribed by the 

President or by law.

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

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 under 

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 Director of the National Counterintelligence and Security Center.

(9) The Chief Information Officer of the Intelligence Community.

(10) The Inspector General of the Intelligence Community.

(11) The Director of the National Counterterrorism Center.

(12) The Director of the National Counter Proliferation Center.

(13) The Chief Financial Officer of the Intelligence Community.
NATIONAL SECURITY ACT OF 1947

61

(14) Such other offices and officials as may be established by law or the 

Director may establish or designate in the Office, including national 

intelligence centers.

(d) STAFF.—

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

and responsibilities of the Director, the Director shall employ and utilize 

in the Office of the Director of National Intelligence a professional staff 

having an expertise in matters relating to such duties and responsibilities, 

and may establish permanent positions and appropriate rates of pay with 

respect to that staff.

(2) The staff of the Office of the Director of National Intelligence under 

paragraph (1) shall include the staff of the Office of the Deputy Director 

of Central Intelligence for Community Management that is transferred to 

the Office of the Director of National Intelligence under section 1091 of 

the National Security Intelligence Reform Act of 2004.

(e) TEMPORARY FILLING OF VACANCIES.—With respect to filling temporarily a 

vacancy in an office within the Office of the Director of National Intelligence 

(other than that of the Director of National Intelligence), section 3345(a)(3) of 

title 5, United States Code, may be applied—

(1) in the matter preceding subparagraph (A), by substituting “an element 

of the intelligence community, as that term is defined in section 3(4) of 

the National Security Act of 1947 [50 U.S.C. § 3033],” for “such 

Executive agency”; and

(2) in subparagraph (A), by substituting “the intelligence community” for 

“such agency”.

(f) LOCATION OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.—

The headquarters of the Office of the Director of National Intelligence may be 

located in the Washington metropolitan region, as that term is defined in section 

8301 of title 40, United States Code.

DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE

SEC. 103A. [50 U.S.C. § 3026]

(a) PRINCIPAL DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE.—

(1) There is a Principal Deputy Director of National Intelligence who 

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

of the Senate.

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

of National Intelligence, the Director of National Intelligence shall 

recommend to the President an individual for appointment as Principal 

Deputy Director of National Intelligence.
NATIONAL SECURITY ACT OF 1947

62

(3) Any individual nominated for appointment as Principal Deputy 

Director of National Intelligence shall have extensive national security 

experience and management expertise.

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

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

element of the intelligence community.

(5) The Principal Deputy Director of National Intelligence shall assist the 

Director of National Intelligence in carrying out the duties and 

responsibilities of the Director.

(6) The Principal Deputy Director of National Intelligence shall act for, 

and exercise the powers of, the Director of National Intelligence during 

the absence or disability of the Director of National Intelligence or 

during a vacancy in the position of Director of National Intelligence.

(b) DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE.—

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

Intelligence who shall be appointed by the Director of National 

Intelligence.

(2) Each Deputy Director of National Intelligence appointed under this 

subsection shall have such duties, responsibilities, and authorities as the 

Director of National Intelligence may assign or are specified by law.

(c) MILITARY STATUS OF DIRECTOR OF NATIONAL INTELLIGENCE AND 

PRINCIPAL DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE.—

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

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

Forces in active status.

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

(A) The Director of National Intelligence.

(B) The Principal Deputy Director of National Intelligence.

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

desirable that one of the individuals serving in the positions specified in 

paragraph (2)—

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

status; or

(B) have, by training or experience, an appreciation of military 

intelligence activities and requirements.

(4) A commissioned officer of the Armed Forces, while serving in a 

position specified in paragraph (2)—

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

of Defense or by any officer or employee of the Department of 

Defense;

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

commissioned officer, any supervision or control with respect to 
NATIONAL SECURITY ACT OF 1947

63

any of the military or civilian personnel of the Department of 

Defense except as otherwise authorized by law; and

(C) shall not be counted against the numbers and percentages of 

commissioned officers of the rank and grade of such officer 

authorized for the military department of that officer.

(5) Except as provided in subparagraph (A) or (B) of paragraph (4), the 

appointment of an officer of the Armed Forces to a position specified in 

paragraph (2) shall not affect the status, position, rank, or grade of such 

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

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

rank, or grade.

(6) A commissioned officer of the Armed Forces on active duty who is 

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

position and while remaining on active duty, shall continue to receive 

military pay and allowances and shall not receive the pay prescribed for 

such position. Funds from which such pay and allowances are paid shall 

be reimbursed from funds available to the Director of National 

Intelligence.

NATIONAL INTELLIGENCE COUNCIL

SEC. 103B. [50 U.S.C. § 3027] 

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

Council.

(b) COMPOSITION.—

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

analysts within the intelligence community and substantive experts from 

the public and private sector, who shall be appointed by, report to, and 

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

(2) The Director shall prescribe appropriate security requirements for 

personnel appointed from the private sector as a condition of service on 

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

contractors, to ensure the protection of intelligence sources and methods 

while avoiding, wherever possible, unduly intrusive requirements which 

the Director considers to be unnecessary for this purpose.

(c) DUTIES AND RESPONSIBILITIES.—

(1) The National Intelligence Council shall—

(A) produce national intelligence estimates for the United States 

Government, including alternative views held by elements of the 

intelligence community and other information as specified in 

paragraph (2);
NATIONAL SECURITY ACT OF 1947

64

(B) evaluate community-wide collection and production of 

intelligence by the intelligence community and the requirements 

and resources of such collection and production; and

(C) otherwise assist the Director of National Intelligence in 

carrying out the responsibilities of the Director under section 

102A.

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

satisfies the needs of policymakers and other consumers of intelligence.

(d) SERVICE AS SENIOR INTELLIGENCE ADVISERS.—Within their respective areas 

of expertise and under the direction of the Director of National Intelligence, the 

members of the National Intelligence Council shall constitute the senior 

intelligence advisers of the intelligence community for purposes of representing 

the views of the intelligence community within the United States Government.

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

Director of National Intelligence, the National Intelligence Council may carry out 

its responsibilities under this section by contract, including contracts for 

substantive experts necessary to assist the Council with particular assessments 

under this section.

(f) STAFF.—The Director of National Intelligence shall make available to the 

National Intelligence Council such staff as may be necessary to permit the 

Council to carry out its responsibilities under this section.

(g) AVAILABILITY OF COUNCIL AND STAFF.—

(1) The Director of National Intelligence shall take appropriate measures 

to ensure that the National Intelligence Council and its staff satisfy the 

needs of policymaking officials and other consumers of intelligence.

(2) The Council shall be readily accessible to policymaking officials and 

other appropriate individuals not otherwise associated with the 

intelligence community.

(h) SUPPORT.—The heads of the elements of the intelligence community shall, as 

appropriate, furnish such support to the National Intelligence Council, including 

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

National Intelligence.

(i) NATIONAL INTELLIGENCE COUNCIL PRODUCT.—For purposes of this section, 

the term “National Intelligence Council product” includes a National Intelligence 

Estimate and any other intelligence community assessment that sets forth the 

judgment of the intelligence community as a whole on a matter covered by such 

product.
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65

GENERAL COUNSEL

SEC. 103C. [50 U.S.C. § 3028] 

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

Director of National Intelligence who shall be appointed by the President, by and 

with the advice and consent of the Senate.

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

AGENCY.—The individual serving in the position of General Counsel may not, 

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

agency, or element of the United States Government.

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

Office of the Director of National Intelligence.

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

Director of National Intelligence may prescribe.

CIVIL LIBERTIES PROTECTION OFFICER

SEC. 103D. [50 U.S.C. § 3029] 

(a) CIVIL LIBERTIES PROTECTION OFFICER.—

(1) Within the Office of the Director of National Intelligence, there is a 

Civil Liberties Protection Officer who shall be appointed by the Director 

of National Intelligence.

(2) The Civil Liberties Protection Officer shall report directly to the 

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 developed for 

and implemented by the Office of the Director of National Intelligence 

and the elements of the intelligence community within the National 

Intelligence Program;

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

Intelligence with requirements under the Constitution and all laws, 

regulations, Executive orders, and implementing guidelines relating to 

civil liberties and privacy;

(3) review and assess complaints and other information indicating 

possible abuses of civil liberties and privacy in the administration of the 

programs and operations of the Office and the Director of National 

Intelligence and, as appropriate, investigate any such complaint or 

information;

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

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

information;
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66

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

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

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 as required 

by law; and

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

National Intelligence or specified by law.

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

Liberties Protection Officer may refer complaints to the Office of Inspector 

General having responsibility for the affected element of the department or 

agency of the intelligence community to conduct an investigation under 

paragraph (3) of subsection (b).

DIRECTOR OF SCIENCE AND TECHNOLOGY

SEC. 103E. [50 U.S.C. § 3030] 

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

and Technology within the Office of the Director of National Intelligence who 

shall be appointed by the Director of National Intelligence.

(b) REQUIREMENT RELATING TO APPOINTMENT.—An individual appointed as 

Director of Science and Technology shall have a professional background and 

experience appropriate for the duties of the Director of Science and Technology.

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

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

for science and technology;

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

Committee under subsection (d);

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

advances in the field of intelligence;

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

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

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

National Intelligence or specified by law.

(d) DIRECTOR OF NATIONAL INTELLIGENCE SCIENCE AND TECHNOLOGY 

COMMITTEE.—

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

a Director of National Intelligence Science and Technology Committee.

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

the National Intelligence Program.

(3) The Committee shall—
NATIONAL SECURITY ACT OF 1947

67

(A) coordinate advances in research and development related to 

intelligence; and

(B) perform such other functions as the Director of Science and 

Technology shall prescribe.

DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE

AND SECURITY CENTER

SEC. 103F. [50 U.S.C. § 3031] 

(a) DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE AND SECURITY 

CENTER.—The Director of the National Counterintelligence and Security Center 

appointed under section 902 of the Counterintelligence Enhancement Act of 2002 

(50 U.S.C. 3382) is a component of the Office of the Director of National 

Intelligence.

(b) DUTIES.—The Director of the National Counterintelligence and Security 

Center shall perform the duties provided in the Counterintelligence Enhancement 

Act of 2002 and such other duties as may be prescribed by the Director of 

National Intelligence or specified by law.

CHIEF INFORMATION OFFICER

SEC. 103G. [50 U.S.C. § 3032] 

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

Intelligence in carrying out the responsibilities of the Director under this Act and 

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

of National Intelligence a Chief Information Officer of the Intelligence 

Community who shall be appointed by the Director. The Chief Information 

Officer shall report directly to the Director of National Intelligence.

(b) DUTIES AND RESPONSIBILITIES.—Subject to the direction of the Director of 

National Intelligence, the Chief Information Officer of the Intelligence 

Community shall—

(1) manage activities relating to the information technology 

infrastructure and enterprise architecture requirements of the intelligence 

community;

(2) have procurement approval authority over all information technology 

items related to the enterprise architectures of all intelligence community 

components;

(3) direct and manage all information technology-related procurement for 

the intelligence community; and

(4) ensure that all expenditures for information technology and research 

and development activities are consistent with the intelligence 
NATIONAL SECURITY ACT OF 1947

68

community enterprise architecture and the strategy of the Director for 

such architecture.

(c) PROHIBITION ON SIMULTANEOUS SERVICE AS OTHER CHIEF INFORMATION 

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

the Intelligence Community may not, while so serving, serve as the chief 

information officer of any other department or agency, or component thereof, of 

the United States Government.

INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

SEC. 103H. [50 U.S.C. § 3033]

(a) OFFICE OF INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.—There 

is within the Office of the Director of National Intelligence an Office of the 

Inspector General of the Intelligence Community.

(b) PURPOSE.—The purpose of the Office of the Inspector General of the 

Intelligence Community is—

(1) to create an objective and effective office, appropriately accountable 

to Congress, to initiate and conduct independent investigations, 

inspections, audits, and reviews on programs and activities within the 

responsibility and authority of the Director of National Intelligence;

(2) to provide leadership and coordination and recommend policies for 

activities designed—

(A) to promote economy, efficiency, and effectiveness in the 

administration and implementation of such programs and 

activities; and

(B) to prevent and detect fraud and abuse in such programs and 

activities;

(3) to provide a means for keeping the Director of National Intelligence 

fully and currently informed about—

(A) problems and deficiencies relating to the administration of 

programs and activities within the responsibility and authority of 

the Director of National Intelligence; and

(B) the necessity for, and the progress of, corrective actions; and

(4) in the manner prescribed by this section, to ensure that the 

congressional intelligence committees are kept similarly informed of—

(A) significant problems and deficiencies relating to programs

and activities within the responsibility and authority of the

Director of National Intelligence; and

(B) the necessity for, and the progress of, corrective actions.

(c) INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.—

(1) There is an Inspector General of the Intelligence Community, who 

shall be the head of the Office of the Inspector General of the 
NATIONAL SECURITY ACT OF 1947

69

Intelligence Community, who shall be appointed by the President, by and 

with the advice and consent of the Senate.

(2) The nomination of an individual for appointment as Inspector

General shall be made—

(A) without regard to political affiliation;

(B) on the basis of integrity, compliance with security standards 

of the intelligence community, and prior experience in the field 

of intelligence or national security; and

(C) on the basis of demonstrated ability in accounting, financial 

analysis, law, management analysis, public administration, or 

investigations.

(3) The Inspector General shall report directly to and be under the 

general supervision of the Director of National Intelligence.

(4) The Inspector General may be removed from office only by the 

President. The President shall communicate in writing to the 

congressional intelligence committees the reasons for the removal not 

later than 30 days prior to the effective date of such removal. Nothing in 

this paragraph shall be construed to prohibit a personnel action otherwise 

authorized by law, other than transfer or removal.

(d) ASSISTANT INSPECTORS GENERAL.—

Subject to the policies of the Director of National Intelligence, the Inspector 

General of the Intelligence Community shall—

(1) appoint an Assistant Inspector General for Audit who shall have the 

responsibility for supervising the performance of auditing activities 

relating to programs and activities within the responsibility and authority 

of the Director;

(2) appoint an Assistant Inspector General for Investigations who shall 

have the responsibility for supervising the performance of investigative 

activities relating to such programs and activities; and

(3) appoint other Assistant Inspectors General that, in the judgment of 

the Inspector General, are necessary to carry out the duties of the 

Inspector General.

(e) DUTIES AND RESPONSIBILITIES.—It shall be the duty and responsibility of the 

Inspector General of the Intelligence Community—

(1) to provide policy direction for, and to plan, conduct, supervise, and 

coordinate independently, the investigations, inspections, audits, and 

reviews relating to programs and activities within the responsibility and 

authority of the Director of National Intelligence;

(2) to keep the Director of National Intelligence fully and currently 

informed concerning violations of law and regulations, fraud, and other 

serious problems, abuses, and deficiencies relating to the programs and 

activities within the responsibility and authority of the Director, to 
NATIONAL SECURITY ACT OF 1947

70

recommend corrective action concerning such problems, and to report on 

the progress made in implementing such corrective action;

(3) to take due regard for the protection of intelligence sources and 

methods in the preparation of all reports issued by the Inspector General, 

and, to the extent consistent with the purpose and objective of such 

reports, take such measures as may be appropriate to minimize the 

disclosure of intelligence sources and methods described in such reports; 

and

(4) in the execution of the duties and responsibilities under this section, 

to comply with generally accepted government auditing.

(f) LIMITATIONS ON ACTIVITIES.—

(1) The Director of National Intelligence may prohibit the Inspector 

General of the Intelligence Community from initiating, carrying out, or 

completing any investigation, inspection, audit, or review if the Director 

determines that such prohibition is necessary to protect vital national 

security interests of the United States.

(2) Not later than seven days after the date on which the Director

exercises the authority under paragraph (1), the Director shall submit to 

the congressional intelligence committees an appropriately classified

statement of the reasons for the exercise of such authority.

(3) The Director shall advise the Inspector General at the time a

statement under paragraph (2) is submitted, and, to the extent consistent 

with the protection of intelligence sources and methods, provide the 

Inspector General with a copy of such statement.

(4) The Inspector General may submit to the congressional intelligence 

committees any comments on the statement of which the Inspector 

General has notice under paragraph (3) that the Inspector General 

considers appropriate.

(g) AUTHORITIES.—

(1) The Inspector General of the Intelligence Community shall have 

direct and prompt access to the Director of National Intelligence when 

necessary for any purpose pertaining to the performance of the duties of 

the Inspector General.

(2)(A) The Inspector General shall, subject to the limitations in 

subsection (f), make such investigations and reports relating to the 

administration of the programs and activities within the authorities and 

responsibilities of the Director as are, in the judgment of the Inspector 

General, necessary or desirable.

(B) The Inspector General shall have access to any employee, or

any employee of a contractor, of any element of the intelligence

community needed for the performance of the duties of the 

Inspector General.
NATIONAL SECURITY ACT OF 1947

71

(C) The Inspector General shall have direct access to all records, 

reports, audits, reviews, documents, papers, recommendations, or 

other materials that relate to the programs and activities with 

respect to which the Inspector General has responsibilities under 

this section.

(D) The level of classification or compartmentation of 

information shall not, in and of itself, provide a sufficient 

rationale for denying the Inspector General access to any 

materials under subparagraph (C).

(E) The Director, or on the recommendation of the Director,

another appropriate official of the intelligence community, shall 

take appropriate administrative actions against an employee, or 

an employee of a contractor, of an element of the intelligence 

community that fails to cooperate with the Inspector General. 

Such administrative action may include loss of employment or 

the termination of an existing contractual relationship.

(3) The Inspector General is authorized to receive and investigate, 

pursuant to subsection (h), complaints or information from any person 

concerning the existence of an activity within the authorities and 

responsibilities of the Director of National Intelligence constituting a 

violation of laws, rules, or regulations, or mismanagement, gross waste 

of funds, abuse of authority, or a substantial and specific danger to the 

public health and safety. Once such complaint or information has been 

received from an employee of the intelligence community—

(A) the Inspector General shall not disclose the identity of the 

employee without the consent of the employee, unless the

Inspector General determines that such disclosure is unavoidable

during the course of the investigation or the disclosure is made to 

an official of the Department of Justice responsible for

determining whether a prosecution should be undertaken, and 

this provision shall qualify as a withholding statute pursuant to 

subsection (b)(3) of section 552 of title 5, United States Code

(commonly known as the “Freedom of Information Act”); and

(B) no action constituting a reprisal, or threat of reprisal, for 

making such complaint or disclosing such information to the 

Inspector General may be taken by any employee in a position to 

take such actions, unless the complaint was made or the 

information was disclosed with the knowledge that it was false 

or with willful disregard for its truth or falsity.

(4) The Inspector General shall have the authority to administer to or 

take from any person an oath, affirmation, or affidavit, whenever

necessary in the performance of the duties of the Inspector General,
NATIONAL SECURITY ACT OF 1947

72

which oath, affirmation, or affidavit when administered or taken by or

before an employee of the Office of the Inspector General of the

Intelligence Community designated by the Inspector General shall have

the same force and effect as if administered or taken by, or before, an

officer having a seal.

(5)(A) Except as provided in subparagraph (B), the Inspector General is 

authorized to require by subpoena the production of all information, 

documents, reports, answers, records, accounts, papers, and other data in 

any medium (including electronically stored information, as well as any 

tangible thing) and documentary evidence necessary in the performance 

of the duties and responsibilities of the Inspector General.

(B) In the case of departments, agencies, and other elements of

the United States Government, the Inspector General shall obtain

information, documents, reports, answers, records, accounts, 

papers, and other data and evidence for the purpose specified in 

subparagraph (A) using procedures other than by subpoenas.

(C) The Inspector General may not issue a subpoena for, or on 

behalf of, any component of the Office of the Director of 

National Intelligence or any element of the intelligence 

community, including the Office of the Director of National 

Intelligence.

(D) In the case of contumacy or refusal to obey a subpoena 

issued under this paragraph, the subpoena shall be enforceable 

by order of any appropriate district court of the United States.

(6) The Inspector General may obtain services as authorized by section 

3109 of title 5, United States Code, at rates for individuals not to exceed 

the daily equivalent of the maximum annual rate of basic pay payable for 

grade GS-15 of the General Schedule under section 5332 of title 5, 

United States Code.

(7) The Inspector General may, to the extent and in such amounts as may

be provided in appropriations, enter into contracts and other 

arrangements for audits, studies, analyses, and other services with public 

agencies and with private persons, and to make such payments as may be 

necessary to carry out the provisions of this section.

(h) COORDINATION AMONG INSPECTORS GENERAL.—

(1)(A) In the event of a matter within the jurisdiction of the Inspector 

General of the Intelligence Community that may be subject to an 

investigation, inspection, audit, or review by both the Inspector General 

of the Intelligence Community and an inspector general with oversight 

responsibility for an element of the intelligence community, the Inspector 

General of the Intelligence Community and such other inspector general 

shall expeditiously resolve the question of which inspector general shall 
NATIONAL SECURITY ACT OF 1947

73

conduct such investigation, inspection, audit, or review to avoid 

unnecessary duplication of the activities of the inspectors general.

(B) In attempting to resolve a question under subparagraph (A), 

the inspectors general concerned may request the assistance of 

the Intelligence Community Inspectors General Forum 

established under paragraph (2). In the event of a dispute 

between an inspector general within a department or agency of 

the United States Government and the Inspector General of the 

Intelligence Community that has not been resolved with the 

assistance of such Forum, the inspectors general shall submit the 

question to the Director of National Intelligence and the head of 

the affected department or agency for resolution.

(2)(A) There is established the Intelligence Community Inspectors 

General Forum, which shall consist of all statutory or administrative 

inspectors general with oversight responsibility for an element of the 

intelligence community.

(B) The Inspector General of the Intelligence Community shall 

serve as the Chair of the Forum established under subparagraph 

(A). The Forum shall have no administrative authority over any 

inspector general, but shall serve as a mechanism for informing 

its members of the work of individual members of the Forum 

that may be of common interest and discussing questions about

jurisdiction or access to employees, employees of contract 

personnel, records, audits, reviews, documents, 

recommendations, or other materials that may involve or be of 

assistance to more than one of its members.

(3) The inspector general conducting an investigation, inspection, 

audit, or review covered by paragraph (1) shall submit the results of 

such investigation, inspection, audit, or review to any other inspector 

general, including the Inspector General of the Intelligence 

Community, with jurisdiction to conduct such investigation, 

inspection, audit, or review who did not conduct such investigation, 

inspection, audit, or review.

(i) COUNSEL TO THE INSPECTOR GENERAL.—

(1) The Inspector General of the Intelligence Community shall—

(A) appoint a Counsel to the Inspector General who shall report 

to the Inspector General; or

(B) obtain the services of a counsel appointed by and directly 

reporting to another inspector general or the Council of the 

Inspectors General on Integrity and Efficiency on a reimbursable 

basis.
NATIONAL SECURITY ACT OF 1947

74

(2) The counsel appointed or obtained under paragraph (1) shall perform 

such functions as the Inspector General may prescribe.

(j) STAFF AND OTHER SUPPORT.—

(1) The Director of National Intelligence shall provide the Inspector 

General of the Intelligence Community with appropriate and adequate 

office space at central and field office locations, together with such 

equipment, office supplies, maintenance services, and communications 

facilities and services as may be necessary for the operation of such 

offices.

(2)(A) Subject to applicable law and the policies of the Director of 

National Intelligence, the Inspector General shall select, appoint, and 

employ such officers and employees as may be necessary to carry out the 

functions, powers, and duties of the Inspector General. The Inspector 

General shall ensure that any officer or employee so selected, appointed, 

or employed has security clearances appropriate for the assigned duties 

of such officer or employee.

(B) In making selections under subparagraph (A), the Inspector 

General shall ensure that such officers and employees have the 

requisite training and experience to enable the Inspector General 

to carry out the duties of the Inspector General effectively.

(C) In meeting the requirements of this paragraph, the Inspector 

General shall create within the Office of the Inspector General of 

the Intelligence Community a career cadre of sufficient size to 

provide appropriate continuity and objectivity needed for the 

effective performance of the duties of the Inspector General.

(3) Consistent with budgetary and personnel resources allocated by the 

Director of National Intelligence, the Inspector General has final

approval of—

(A) the selection of internal and external candidates for 

employment with the Office of the Inspector General; and

(B) all other personnel decisions concerning personnel 

permanently assigned to the Office of the Inspector General, 

including selection and appointment to the Senior Intelligence 

Service, but excluding all security-based determinations that are 

not within the authority of a head of a component of the Office 

of the Director of National Intelligence.

(4)(A) Subject to the concurrence of the Director of National

Intelligence, the Inspector General may request such information or 

assistance as may be necessary for carrying out the duties and

responsibilities of the Inspector General from any Federal, State (as 

defined in section 805), or local governmental agency or unit thereof.
NATIONAL SECURITY ACT OF 1947

75

(B) Upon request of the Inspector General for information or 

assistance from a department, agency, or element of the Federal 

Government under subparagraph (A), the head of the 

department, agency, or element concerned shall, insofar as is 

practicable and not in contravention of any existing statutory 

restriction or regulation of the department, agency, or element, 

furnish to the Inspector General, such information or assistance.

(C) The Inspector General of the Intelligence Community may, 

upon reasonable notice to the head of any element of the 

intelligence community and in coordination with that element’s 

inspector general pursuant to subsection (h), conduct, as 

authorized by this section, an investigation, inspection, audit, or 

review of such element and may enter into any place occupied 

by such element for purposes of the performance of the duties of 

the Inspector General.

(k) REPORTS.—

(1)(A) The Inspector General of the Intelligence Community shall, not 

later than October 31 and April 30 of each year, prepare and submit to 

the Director of National Intelligence a classified, and, as appropriate, 

unclassified semiannual report summarizing the activities of the Office 

of the Inspector General of the Intelligence Community during the 

immediately preceding 6-month period ending September 30 and March 

31, respectively. The Inspector General of the Intelligence Community 

shall provide any portion of the report involving a component of a 

department of the United States Government to the head of that 

department simultaneously with submission of the report to the Director 

of National Intelligence.

(B) Each report under this paragraph shall include, at a 

minimum, the following:

(i) A list of the title or subject of each investigation, 

inspection, audit, or review conducted during the period 

covered by such report.

(ii) A description of significant problems, abuses, and 

deficiencies relating to the administration of programs 

and activities of the intelligence community within the 

responsibility and authority of the Director of National 

Intelligence, and in the relationships between elements 

of the intelligence community, identified by the 

Inspector General during the period covered by such 

report.
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76

(iii) A description of the recommendations for corrective 

action made by the Inspector General during the period 

covered by such report with respect to significant 

problems, abuses, or deficiencies identified in clause (ii).

(iv) A statement of whether or not corrective action has 

been completed on each significant recommendation 

described in previous semiannual reports, and, in a case 

where corrective action has been completed, a 

description of such corrective action.

(v) A certification of whether or not the Inspector 

General has had full and direct access to all information 

relevant to the performance of the functions of the 

Inspector General.

(vi) A description of the exercise of the subpoena

authority under subsection (g)(5) by the Inspector 

General during the period covered by such report.

(vii) Such recommendations as the Inspector General 

considers appropriate for legislation to promote 

economy, efficiency, and effectiveness in the 

administration and implementation of programs and 

activities within the responsibility and authority of the 

Director of National Intelligence, and to detect and 

eliminate fraud and abuse in such programs and 

activities.

(C) Not later than 30 days after the date of receipt of a report

under subparagraph (A), the Director shall transmit the report to 

the congressional intelligence committees together with any 

comments the Director considers appropriate. The Director shall 

transmit to the committees of the Senate and of the House of 

Representatives with jurisdiction over a department of the United 

States Government any portion of the report involving a 

component of such department simultaneously with submission 

of the report to the congressional intelligence committees.

(2)(A) The Inspector General shall report immediately to the Director 

whenever the Inspector General becomes aware of particularly serious or 

flagrant problems, abuses, or deficiencies relating to programs and 

activities within the responsibility and authority of the Director of 

National Intelligence.

(B) The Director shall transmit to the congressional intelligence 

committees each report under subparagraph (A) within 7 

calendar days of receipt of such report, together with such 

comments as the Director considers appropriate. The Director 
NATIONAL SECURITY ACT OF 1947

77

shall transmit to the committees of the Senate and of the House 

of Representatives with jurisdiction over a department of the 

United States Government any portion of each report under 

subparagraph (A) that involves a problem, abuse, or deficiency 

related to a component of such department simultaneously with 

transmission of the report to the congressional intelligence 

committees.

(3)(A) In the event that—

(i) the Inspector General is unable to resolve any 

differences with the Director affecting the execution of 

the duties or responsibilities of the Inspector General;

(ii) an investigation, inspection, audit, or review carried 

out by the Inspector General focuses on any current or 

former intelligence community official who—

(I) holds or held a position in an element of the 

intelligence community that is subject to 

appointment by the President, whether or not by 

and with the advice and consent of the Senate, 

including such a position held on an acting basis;

(II) holds or held a position in an element of the 

intelligence community, including a position held 

on an acting basis, that is appointed by the 

Director of National Intelligence; or

(III) holds or held a position as head of an element 

of the intelligence community or a position 

covered by subsection (b) or (c) of section 106;

(iii) a matter requires a report by the Inspector General

to the Department of Justice on possible criminal 

conduct by a current or former official described in 

clause (ii);

(iv) the Inspector General receives notice from the 

Department of Justice declining or approving 

prosecution of possible criminal conduct of any current 

or former official described in clause (ii); or

(v) the Inspector General, after exhausting all possible 

alternatives, is unable to obtain significant documentary 

information in the course of an investigation, inspection, 

audit, or review, the Inspector General shall immediately 

notify, and submit a report to, the congressional 

intelligence committees on such matter.
NATIONAL SECURITY ACT OF 1947

78

(B) The Inspector General shall submit to the committees of the 

Senate and of the House of Representatives with jurisdiction 

over a department of the United States Government any portion 

of each report under subparagraph (A) that involves an 

investigation, inspection, audit, or review carried out by the 

Inspector General focused on any current or former official of a 

component of such department simultaneously with submission 

of the report to the congressional intelligence committees.

(4) The Director shall submit to the congressional intelligence

committees any report or findings and recommendations of an

investigation, inspection, audit, or review conducted by the office which 

has been requested by the Chairman or Vice Chairman or ranking

minority member of either committee.

(5)(A) An employee of an element of the intelligence community, an 

employee assigned or detailed to an element of the intelligence 

community, or an employee of a contractor to the intelligence 

community who intends to report to Congress a complaint or information 

with respect to an urgent concern may report such complaint or 

information to the Inspector General.

(B) Not later than the end of the 14-calendar-day period 

beginning on the date of receipt from an employee of a 

complaint or information under subparagraph (A), the Inspector 

General shall determine whether the complaint or information 

appears credible. Upon making such a determination, the 

Inspector General shall transmit to the Director a notice of that 

determination, together with the complaint or information.

(C) Upon receipt of a transmittal from the Inspector General 

under subparagraph (B), the Director shall, within 7 calendar 

days of such receipt, forward such transmittal to the 

congressional intelligence committees, together with any 

comments the Director considers appropriate.

(D)(i) If the Inspector General does not find credible under 

subparagraph (B) a complaint or information submitted under 

subparagraph (A), or does not transmit the complaint or 

information to the Director in accurate form under subparagraph 

(B), the employee (subject to clause (ii)) may submit the 

complaint or information to Congress by contacting either or 

both of the congressional intelligence committees directly.

(ii) An employee may contact the congressional 

intelligence committees directly as described in clause 

(i) only if the employee—
NATIONAL SECURITY ACT OF 1947

79

(I) before making such a contact, furnishes to the 

Director, through the Inspector General, a 

statement of the employee’s complaint or 

information and notice of the employee’s 

intent to contact the congressional intelligence 

committees directly; and

(II) obtains and follows from the Director, 

through the Inspector General, direction on how 

to contact the congressional intelligence 

committees in accordance with appropriate 

security practices.

(iii) A member or employee of one of the congressional 

intelligence committees who receives a complaint or 

information under this subparagraph does so in that 

member or employee’s official capacity as a member or 

employee of such committee.

(E) The Inspector General shall notify an employee who reports 

a complaint or information to the Inspector General under this 

paragraph of each action taken under this paragraph with respect 

to the complaint or information. Such notice shall be provided 

not later than 3 days after any such action is taken.

(F) An action taken by the Director or the Inspector General 

under this paragraph shall not be subject to judicial review.

(G) In this paragraph, the term “urgent concern” means any of 

the following:

(i) A serious or flagrant problem, abuse, violation of law 

or Executive order, or deficiency relating to the funding, 

administration, or operation of an intelligence activity 

within the responsibility and authority of the Director of 

National Intelligence involving classified information, 

but does not include differences of opinions concerning 

public policy matters.

(ii) A false statement to Congress, or a willful 

withholding from Congress, on an issue of material fact 

relating to the funding, administration, or operation of an 

intelligence activity.

(iii) An action, including a personnel action described in 

section 2302(a)(2)(A) of title 5, United States Code, 

constituting reprisal or threat of reprisal prohibited under 

subsection (g)(3)(B) of this section in response to an 

employee’s reporting an urgent concern in accordance 

with this paragraph.
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80

(H) Nothing in this section shall be construed to limit the 

protections afforded to an employee under section 17(d) of the 

Central Intelligence Agency Act of 1949 [50 U.S.C. 3517(d)] or 

section 8H of the Inspector General Act of 1978 (5 U.S.C. App.).

(I) An individual who has submitted a complaint or information 

to the Inspector General under this section may notify any 

member of either of the congressional intelligence committees, 

or a staff member of either of such committees, of the fact that 

such individual has made a submission to the Inspector General, 

and of the date on which such submission was made.

(6) In accordance with section 535 of title 28, United States 

Code, the Inspector General shall expeditiously report to the Attorney 

General any information, allegation, or complaint received by the 

Inspector General relating to violations of Federal criminal law that 

involves a program or operation of an element of the intelligence 

community, or in the relationships between the elements of the 

intelligence community, consistent with such guidelines as may be issued 

by the Attorney General pursuant to subsection (b)(2) of such section. A 

copy of each such report shall be furnished to the Director.

(l) CONSTRUCTION OF DUTIES REGARDING ELEMENTS OF INTELLIGENCE 

COMMUNITY.—Except as resolved pursuant to subsection (h), the performance 

by the Inspector General of the Intelligence Community of any duty, 

responsibility, or function regarding an element of the intelligence community 

shall not be construed to modify or affect the duties and responsibilities of any 

other inspector general having duties and responsibilities relating to such 

element.

(m) SEPARATE BUDGET ACCOUNT.—The Director of National Intelligence shall, 

in accordance with procedures issued by the Director in consultation with the 

congressional intelligence committees, include in the National Intelligence 

Program budget a separate account for the Office of the Inspector General of the 

Intelligence Community.

(n) BUDGET.—

(1) For each fiscal year, the Inspector General of the Intelligence 

Community shall transmit a budget estimate and request to the Director 

of National Intelligence that specifies for such fiscal year—

(A) the aggregate amount requested for the operations of the 

Inspector General;

(B) the amount requested for all training requirements of the 

Inspector General, including a certification from the Inspector 

General that the amount requested is sufficient to fund all 

training requirements for the Office of the Inspector General; 

and
NATIONAL SECURITY ACT OF 1947

81

(C) the amount requested to support the Council of the 

Inspectors General on Integrity and Efficiency, including a 

justification for such amount.

(2) In transmitting a proposed budget to the President for a fiscal year, 

the Director of National Intelligence shall include for such fiscal year—

(A) the aggregate amount requested for the Inspector General of 

the Intelligence Community;

(B) the amount requested for Inspector General training;

(C) the amount requested to support the Council of the 

Inspectors General on Integrity and Efficiency; and

(D) the comments of the Inspector General, if any, with 

respect to such proposed budget.

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

congressional intelligence committees, the Committee on Appropriations 

of the Senate, and the Committee on Appropriations of the House of 

Representatives for each fiscal year—

(A) a separate statement of the budget estimate transmitted 

pursuant to paragraph (1);

(B) the amount requested by the Director for the Inspector 

General pursuant to paragraph (2)(A);

(C) the amount requested by the Director for the training of 

personnel of the Office of the Inspector General pursuant to 

paragraph (2)(B);

(D) the amount requested by the Director for support for the 

Council of the Inspectors General on Integrity and Efficiency 

pursuant to paragraph (2)(C); and

(E) the comments of the Inspector General under paragraph 

(2)(D), if any, on the amounts requested pursuant to paragraph 

(2), including whether such amounts would substantially inhibit 

the Inspector General from performing the duties of the Office of 

the Inspector General.

(o) INFORMATION ON WEBSITE.—

(1) The Director of National Intelligence shall establish and maintain on 

the homepage of the publicly accessible website of the Office of the 

Director of National Intelligence information relating to the Office of the 

Inspector General of the Intelligence Community including methods to 

contact the Inspector General.

(2) The information referred to in paragraph (1) shall be obvious and 

facilitate accessibility to the information related to the Office of the 

Inspector General of the Intelligence Community.
NATIONAL SECURITY ACT OF 1947

82

CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY

SEC. 103I. [50 U.S.C. § 3034] 

(a) CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY.—To assist 

the Director of National Intelligence in carrying out the responsibilities of the 

Director under this Act and other applicable provisions of law, there is within the 

Office of the Director of National Intelligence a Chief Financial Officer of the 

Intelligence Community who shall be appointed by the Director. The Chief 

Financial Officer shall report directly to the Director of National Intelligence.

(b) DUTIES AND RESPONSIBILITIES.—Subject to the direction of the Director of 

National Intelligence, the Chief Financial Officer of the Intelligence Community 

shall—

(1) serve as the principal advisor to the Director of National Intelligence 

and the Principal Deputy Director of National Intelligence on the 

management and allocation of intelligence community budgetary 

resources;

(2) participate in overseeing a comprehensive and integrated strategic 

process for resource management within the intelligence community;

(3) ensure that the strategic plan of the Director of National 

Intelligence—

(A) is based on budgetary constraints as specified in the Future 

Year Intelligence Plans and Long-term Budget Projections 

required under section 506G; and

(B) contains specific goals and objectives to support a 

performance-based budget;

(4) prior to the obligation or expenditure of funds for the acquisition of 

any major system pursuant to a Milestone A or Milestone B decision, 

receive verification from appropriate authorities that the national 

requirements for meeting the strategic plan of the Director have been 

established, and that such requirements are prioritized based on 

budgetary constraints as specified in the Future Year Intelligence Plans 

and the Long-term Budget Projections for such major system required 

under section 506G;

(5) ensure that the collection architectures of the Director are based on 

budgetary constraints as specified in the Future Year Intelligence Plans 

and the Long-term Budget Projections required under section 506G;

(6) coordinate or approve representations made to Congress by the 

intelligence community regarding National Intelligence Program 

budgetary resources;

(7) participate in key mission requirements, acquisitions, or architectural 

boards formed within or by the Office of the Director of National 

Intelligence; and
NATIONAL SECURITY ACT OF 1947

83

(8) perform such other duties as may be prescribed by the Director of 

National Intelligence.

(c) OTHER LAW.—The Chief Financial Officer of the Intelligence Community 

shall serve as the Chief Financial Officer of the intelligence community and, to 

the extent applicable, shall have the duties, responsibilities, and authorities 

specified in chapter 9 of title 31, United States Code.

(d) PROHIBITION ON SIMULTANEOUS SERVICE AS OTHER CHIEF FINANCIAL 

OFFICER.—An individual serving in the position of Chief Financial Officer of the 

Intelligence Community may not, while so serving, serve as the chief financial 

officer of any other department or agency, or component thereof, of the United 

States Government.

(e) DEFINITIONS.—In this section:

(1) The term “major system” has the meaning given that term in section 

506A(e).

(2) The term “Milestone A” has the meaning given that term in section 

506G(f).

(3) The term “Milestone B” has the meaning given that term in section 

506C(e).

FUNCTIONAL MANAGERS FOR THE INTELLIGENCE COMMUNITY

SEC. 103J. [50 U.S.C. § 3034a] 

(a) FUNCTIONAL MANAGERS AUTHORIZED.—The Director of National 

Intelligence may establish within the intelligence community one or more 

positions of manager of an intelligence function. Any position so established may 

be known as the “Functional Manager” of the intelligence function concerned.

(b) PERSONNEL.—The Director shall designate individuals to serve as manager 

of intelligence functions established under subsection (a) from among officers 

and employees of elements of the intelligence community.

(c) DUTIES.—Each manager of an intelligence function established under 

subsection (a) shall have the duties as follows:

(1) To act as principal advisor to the Director on the intelligence 

function.

(2) To carry out such other responsibilities with respect to the 

intelligence function as the Director may specify for purposes of this 

section.

CENTRAL INTELLIGENCE AGENCY

SEC. 104. [50 U.S.C. § 3035] 

(a) CENTRAL INTELLIGENCE AGENCY.—There is a Central Intelligence Agency.
NATIONAL SECURITY ACT OF 1947

84

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

Director of the Central Intelligence Agency in carrying out the responsibilities 

specified in section 104A(c).

DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

SEC. 104A. [50 U.S.C. § 3036] 

(a) DIRECTOR OF CENTRAL INTELLIGENCE AGENCY.—There is a Director of the 

Central Intelligence Agency who shall be appointed by the President, by and with 

the advice and consent of the Senate.

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

to the Director of National Intelligence regarding the activities of the Central 

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 Agency shall—

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

means, except that the Director of the Central Intelligence Agency shall 

have no police, subpoena, or law enforcement powers or internal security 

functions;

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

provide appropriate dissemination of such intelligence;

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

national intelligence outside the United States through human sources by 

elements of the intelligence community authorized to undertake such 

collection and, in coordination with other departments, agencies, or 

elements of the United States Government which are authorized to 

undertake such collection, ensure that the most effective use is made of 

resources and that appropriate account is taken of the risks to the United 

States and those involved in such collection; and

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

affecting the national security as the President or the Director of National 

Intelligence may direct.

(e) TERMINATION OF EMPLOYMENT OF CIA EMPLOYEES.—

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

Central Intelligence Agency may, in the discretion of the Director, 

terminate the employment of any officer or employee of the Central 

Intelligence Agency whenever the Director deems the termination of 

employment of such officer or employee necessary or advisable in the 

interests of the United States.
NATIONAL SECURITY ACT OF 1947

85

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

paragraph (1) shall not affect the right of the officer or employee to seek 

or accept employment in any other department, agency, or element of the 

United States Government if declared eligible for such employment by 

the Office of Personnel Management.

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

of the Director of National Intelligence and in a manner consistent with 

section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the 

Director of the Central Intelligence Agency shall coordinate the 

relationships between elements of the intelligence community and the 

intelligence or security services of foreign governments or international 

organizations on all matters involving intelligence related to the national 

security or involving intelligence acquired through clandestine means.

DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

SEC. 104B. [50 U.S.C. § 3037] 

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

Deputy Director of the Central Intelligence Agency who shall be appointed by 

the President.

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

(1) assist the Director of the Central Intelligence Agency in carrying out 

the duties and responsibilities of the Director of the Central Intelligence 

Agency; and

(2) during the absence or disability of the Director of the Central 

Intelligence Agency, or during a vacancy in the position of Director of 

the Central Intelligence Agency, act for and exercise the powers of the 

Director of the Central Intelligence Agency.

RESPONSIBILITIES OF THE SECRETARY OF DEFENSE 

PERTAINING TO THE NATIONAL INTELLIGENCE PROGRAM

SEC. 105. [50 U.S.C. § 3038]

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

Defense, in consultation with the Director of National Intelligence, shall—

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

within the Department of Defense are adequate to satisfy the overall 

intelligence needs of the Department of Defense, including the needs of 

the chairman [sic] of the Joint Chiefs of Staff and the commanders of the 

unified and specified commands and, wherever such elements are 

performing governmentwide functions, the needs of other departments 

and agencies;
NATIONAL SECURITY ACT OF 1947

86

(2) ensure appropriate implementation of the policies and resource 

decisions of the Director by elements of the Department of Defense 

within the National Intelligence Program;

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

Defense complement and are compatible with intelligence activities 

under the National Intelligence Program;

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

Department of Defense are responsive and timely with respect to 

satisfying the needs of operational military forces;

(5) eliminate waste and unnecessary duplication among the intelligence 

activities of the Department of Defense; and 

(6) ensure that intelligence activities of the Department of Defense are 

conducted jointly where appropriate.

(b) RESPONSIBILITY FOR THE PERFORMANCE OF SPECIFIC FUNCTIONS.—

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

ensure—

(1) through the National Security Agency (except as otherwise directed 

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

operation of an effective unified organization for the conduct of signals 

intelligence activities and shall ensure that the product is disseminated in 

a timely manner to authorized recipients;

(2) through the National Geospatial-Intelligence Agency (except as 

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

with appropriate representation from the intelligence community, the 

continued operation of an effective unified organization within the 

Department of Defense—

(A) for carrying out tasking of imagery collection;

(B) for the coordination of imagery processing and exploitation 

activities;

(C) for ensuring the dissemination of imagery in a timely manner 

to authorized recipients; and

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

(i) prescribing technical architecture and standards 

related to imagery intelligence and geospatial 

information and ensuring compliance with such 

architecture and standards; and

(ii) developing and fielding systems of common concern 

related to imagery intelligence and geospatial 

information;

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

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

operation of an effective unified organization for the research and 
NATIONAL SECURITY ACT OF 1947

87

development, acquisition, and operation of overhead reconnaissance 

systems necessary to satisfy the requirements of all elements of the 

intelligence community;

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

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

operation of an effective unified system within the Department of 

Defense for the production of timely, objective military and militaryrelated intelligence, based upon all sources available to the intelligence 

community, and shall ensure the appropriate dissemination of such 

intelligence to authorized recipients;

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

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

management of Department of Defense human intelligence and 

counterintelligence activities, including defense attaches; and 

(6) that the military departments maintain sufficient capabilities to 

collect and produce intelligence to meet—

(A) the requirements of the Director of National Intelligence;

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

Chairman of the Joint Chiefs of Staff;

(C) the requirements of the unified and specified combatant 

commands and of joint operations; and

(D) the specialized requirements of the military departments for 

intelligence necessary to support tactical commanders, military 

planners, the research and development process, the acquisition 

of military equipment, and training and doctrine.

(c) EXPENDITURE OF FUNDS BY THE DEFENSE INTELLIGENCE AGENCY.—

(1) Subject to paragraphs (2) and (3), the Director of the Defense 

Intelligence Agency may expend amounts made available to the Director 

under the National Intelligence Program for human intelligence and 

counterintelligence activities for objects of a confidential, extraordinary, 

or emergency nature, without regard to the provisions of law or 

regulation relating to the expenditure of Government funds.

(2) The Director of the Defense Intelligence Agency may not expend 

more than five percent of the amounts made available to the Director 

under the National Intelligence Program for human intelligence and 

counterintelligence activities for a fiscal year for objects of a 

confidential, extraordinary, or emergency nature in accordance with 

paragraph (1) during such fiscal year unless—

(A) the Director notifies the congressional intelligence 

committees, the Committee on Armed Services of the Senate, 

and the Committee on Armed Services of the House of 

Representatives, of the intent to expend the amounts; and
NATIONAL SECURITY ACT OF 1947

88

(B) 30 days have elapsed from the date on which the Director 

notifies the congressional intelligence committees, the 

Committee on Armed Services of the Senate, and the Committee 

on Armed Services of the House of Representatives, in 

accordance with subparagraph (A).

(3) For each expenditure referred to in paragraph (1), the Director shall 

certify that such expenditure was made for an object of a confidential, 

extraordinary, or emergency nature.

(4) Not later than December 31 of each year, the Director of the Defense 

Intelligence Agency shall submit to the congressional intelligence 

committees, the Committee on Armed Services of the Senate, and the 

Committee on Armed Services of the House of Representatives, a report 

on any expenditures made during the preceding fiscal year in accordance 

with paragraph (1).

(d) USE OF ELEMENTS OF DEPARTMENT OF DEFENSE.—The Secretary of 

Defense, in carrying out the functions described in this section, may use such 

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

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

section.

ASSISTANCE TO UNITED STATES LAW ENFORCEMENT AGENCIES

SEC. 105A. [50 U.S.C. § 3039]

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

of the intelligence community may, upon the request of a United States law 

enforcement agency, collect information outside the United States about 

individuals who are not United States persons. Such elements may collect such 

information notwithstanding that the law enforcement agency intends to use the 

information collected for purposes of a law enforcement investigation or 

counterintelligence investigation.

(b) LIMITATION ON ASSISTANCE BY ELEMENTS OF DEPARTMENT OF DEFENSE.—

(1) With respect to elements within the Department of Defense, the 

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 Department 

of Defense may not include the direct participation of a member of the 

Army, Navy, Air Force, or Marine Corps in an arrest or similar activity.
NATIONAL SECURITY ACT OF 1947

89

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

the Department of Defense if the provision of such assistance will 

adversely affect the military preparedness of the United States.

(4) The Secretary of Defense shall prescribe regulations governing the 

exercise of authority under this section by elements of the Department of 

Defense, including regulations relating to the protection of sources and 

methods in the exercise of such authority.

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

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

department or agency of the Federal Government that the Attorney 

General designates as law enforcement agency for purposes of this 

section.

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

(A) A United States citizen.

(B) An alien known by the intelligence agency concerned to be a 

permanent resident alien.

(C) An unincorporated association substantially composed of 

United States citizens or permanent resident aliens.

(D) A corporation incorporated in the United States, except for a 

corporation directed and controlled by a foreign government or 

governments.

DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED 

IN CRIMINAL INVESTIGATIONS; NOTICE OF CRIMINAL 

INVESTIGATIONS OF FOREIGN INTELLIGENCE SOURCES

SEC. 105B. [50 U.S.C. § 3040]

(a) DISCLOSURE OF FOREIGN INTELLIGENCE.—

(1) Except as otherwise provided by law and subject to paragraph (2), the 

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

Federal Government with law enforcement responsibilities, shall 

expeditiously disclose to the Director of National Intelligence, pursuant 

to guidelines developed by the Attorney General in consultation with the 

Director, foreign intelligence acquired by an element of the Department 

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

be, in the course of a criminal investigation.

(2) The Attorney General by regulation and in consultation with the 

Director may provide for exceptions to the applicability of paragraph (1) 

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

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

determines that disclosure of such foreign intelligence under that 
NATIONAL SECURITY ACT OF 1947

90

paragraph would jeopardize an ongoing law enforcement investigation or 

impair other significant law enforcement interests. 

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

180 days after the date of enactment of this section, the Attorney General, in 

consultation with the Director of National Intelligence, shall develop guidelines 

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

community of activity of a foreign intelligence source or potential foreign 

intelligence source that may warrant investigation as criminal activity, the 

Attorney General provides notice to the Director, within a reasonable period of 

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

investigation of such activity. 

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

administration of this section, including the disclosure of foreign intelligence by 

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

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

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

APPOINTMENT OF OFFICIALS RESPONSIBLE 

FOR INTELLIGENCE-RELATED ACTIVITIES

SEC. 106. [50 U.S.C. § 3041]

(a) RECOMMENDATION OF DNI IN CERTAIN APPOINTMENTS.—

(1) In the event of a vacancy in a position referred to in paragraph (2), 

the Director of National Intelligence shall recommend to the President an 

individual for nomination to fill the vacancy.

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

(A) The Principal Deputy Director of National Intelligence.

(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 paragraph (2), 

the head of the department or agency having jurisdiction over the 

position shall obtain the concurrence of the Director of National 

Intelligence before appointing an individual to fill the vacancy or 

recommending to the President an individual to be nominated to fill the 

vacancy. If the Director does not concur in the recommendation, the head 

of the department or agency concerned may not fill the vacancy or make 

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

which the Director does not concur in such a recommendation, the 

Director and the head of the department or agency concerned may advise 

the President directly of the intention to withhold concurrence or to make 

a recommendation, as the case may be.
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91

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

(A) The Director of the National Security Agency.

(B) The Director of the National Reconnaissance Office.

(C) The Director of the National Geospatial-Intelligence Agency.

(D) The Assistant Secretary of State for Intelligence and 

Research.

(E) The Director of the Office of Intelligence and 

Counterintelligence of the Department of Energy.

(F) The Assistant Secretary for Intelligence and Analysis of the 

Department of the Treasury.

(G) The Executive Assistant Director for Intelligence of the 

Federal Bureau of Investigation or any successor to that position.

(H) The Under Secretary of Homeland Security for Intelligence 

and Analysis.

(c) CONSULTATION WITH DNI IN CERTAIN POSITIONS.—

(1) In the event of a vacancy in a position referred to in paragraph (2), 

the head of the department or agency having jurisdiction over the 

position shall consult with the Director of National Intelligence before 

appointing an individual to fill the vacancy or recommending to the 

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 for 

Intelligence.

(C) Assistant Attorney General designated as the Assistant 

Attorney General for National Security under section 507A of 

title 28, United States Code.

DIRECTOR OF THE NATIONAL RECONNAISSANCE OFFICE

SEC. 106A. [50 U.S.C. § 3041a]

(a) IN GENERAL.—There is a Director of the National Reconnaissance Office.

(b) APPOINTMENT.—The Director of the National Reconnaissance Office shall be 

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

(c) FUNCTIONS AND DUTIES.—The Director of the National Reconnaissance 

Office shall be the head of the National Reconnaissance Office and shall 

discharge such functions and duties as are provided by this Act or otherwise by 

law or executive order.

(d) ADVISORY BOARD.—

(1) ESTABLISHMENT.—There is established in the National 

Reconnaissance Office an advisory board (in this section referred to as 

the “Board”).
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(2) DUTIES.—The Board shall—

(A) study matters relating to the mission of the National 

Reconnaissance Office, including with respect to promoting 

innovation, competition, and resilience in space, overhead 

reconnaissance, acquisition, and other matters; and

(B) advise and report directly to the Director with respect to such 

matters.

(3) MEMBERS.—

(A) NUMBER AND APPOINTMENT.—

(i) IN GENERAL.—The Board shall be composed of five 

members appointed by the Director from among 

individuals with demonstrated academic, government, 

business, or other expertise relevant to the mission and 

functions of the National Reconnaissance Office.

(ii) NOTIFICATION.—Not later than 30 days after the 

date on which the Director appoints a member to the 

Board, the Director shall notify the congressional 

intelligence committees and the congressional defense 

committees (as defined in section 101(a) of title 10, 

United States Code) of such appointment.

(B) TERMS.—Each member shall be appointed for a term of 2 

years. Except as provided by subparagraph (C), a member may 

not serve more than three terms.

(C) VACANCY.—Any member appointed to fill a vacancy 

occurring before the expiration of the term for which the 

member’s predecessor was appointed shall be appointed only for 

the remainder of that term. A member may serve after the 

expiration of that member’s term until a successor has taken 

office.

(D) CHAIR.—The Board shall have a Chair, who shall be 

appointed by the Director from among the members.

(E) TRAVEL EXPENSES.—Each member shall receive travel 

expenses, including per diem in lieu of subsistence, in 

accordance with applicable provisions under subchapter I of 

chapter 57 of title 5, United States Code.

(F) EXECUTIVE SECRETARY.—The Director my appoint an 

executive secretary, who shall be an employee of the National 

Reconnaissance Office, to support the Board.

(4) MEETINGS.—The Board shall meet not less than quarterly, but may 

meet more frequently at the call of the Director.

(5) REPORTS.—Not later than March 31 of each year, the Board shall 

submit to the Director and to the congressional intelligence committees a 
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report on the activities and significant findings of the Board during the 

preceding year.

(6) NONAPPLICABILITY OF CERTAIN REQUIREMENTS.—The Federal 

Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board.

(7) TERMINATION.—The Board shall terminate on the date that is 3 years 

after the date of the first meeting of the Board.

ANNUAL NATIONAL SECURITY STRATEGY REPORT

SEC. 108. [50 U.S.C. § 3043]

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

on the national security strategy of the United States (hereinafter in this section 

referred to as a “national security strategy report”).

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

on the date on which the President submits to Congress the budget for 

the next fiscal year under section 1105 of title 31, United States Code.

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

office, the President shall transmit to Congress a national security 

strategy report under this section. That report shall be in addition to the 

report for that year transmitted at the time specified in paragraph (2).

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

strategy of the United States and shall include a comprehensive description and 

discussion of the following:

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

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

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

capabilities of the United States necessary to deter aggression and to 

implement the national security strategy of the United States.

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

economic, military, and other elements of the national power of the 

United States to protect or promote the interests and achieve the goals 

and objectives referred to in paragraph (1).

(4) The adequacy of the capabilities of the United States to carry out the 

national security strategy of the United States, including an evaluation of 

the balance among the capabilities of all elements of the national power 

of the United States to support the implementation of the national 

security strategy. 

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

on matters relating to the national security strategy of the United States.

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

classified form, but may include an unclassified summary. 
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94

NATIONAL INTELLIGENCE STRATEGY

SEC. 108A. [50 U.S.C. § 3043a]

(a) IN GENERAL.—Beginning in 2017, and once every 4 years thereafter, the 

Director of National Intelligence shall develop a comprehensive national 

intelligence strategy to meet national security objectives for the following 4-year 

period, or a longer period, if appropriate.

(b) REQUIREMENTS.—Each national intelligence strategy required by subsection 

(a) shall—

(1) delineate a national intelligence strategy consistent with—

(A) the most recent national security strategy report submitted 

pursuant to section 108;

(B) the strategic plans of other relevant departments and 

agencies of the United States; and

(C) other relevant national-level plans;

(2) address matters related to national and military intelligence, including 

counterintelligence;

(3) identify the major national security missions that the intelligence 

community is currently pursuing and will pursue in the future to meet the 

anticipated security environment;

(4) describe how the intelligence community will utilize personnel, 

technology, partnerships, and other capabilities to pursue the major 

national security missions identified in paragraph (3);

(5) assess current, emerging, and future threats to the intelligence 

community, including threats from foreign intelligence and security 

services and insider threats;

(6) outline the organizational roles and missions of the elements of the 

intelligence community as part of an integrated enterprise to meet 

customer demands for intelligence products, services, and support;

(7) identify sources of strategic, institutional, programmatic, fiscal, and 

technological risk; and

(8) analyze factors that may affect the intelligence community’s 

performance in pursuing the major national security missions identified 

in paragraph (3) during the following 10-year period.

(c) SUBMISSION TO CONGRESS.—The Director of National Intelligence shall 

submit to the congressional intelligence committees a report on each national 

intelligence strategy required by subsection (a) not later than 45 days after the 

date of the completion of such strategy.
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95

SOFTWARE LICENSING

SEC. 109. [50 U.S.C. § 3044]

(a) REQUIREMENT FOR INVENTORIES OF SOFTWARE LICENSES.—The chief 

information officer of each element of the intelligence community, in 

consultation with the Chief Information Officer of the Intelligence Community, 

shall biennially—

(1) conduct an inventory of all existing software licenses of such 

element, including utilized and unutilized licenses;

(2) assess the actions that could be carried out by such element to 

achieve the greatest possible economies of scale and associated cost 

savings in software procurement and usage, including—

(A) increasing the centralization of the management of software 

licenses;

(B) increasing the regular tracking and maintaining of 

comprehensive inventories of software licenses using automated 

discovery and inventory tools and metrics;

(C) analyzing software license data to inform investment 

decisions; and

(D) providing appropriate personnel with sufficient software 

licenses management training; and

(3) submit to the Chief Information Officer of the Intelligence 

Community each inventory required by paragraph (1) and each 

assessment required by paragraph (2).

(b) INVENTORIES BY THE CHIEF INFORMATION OFFICER OF THE INTELLIGENCE 

COMMUNITY.—The Chief Information Officer of the Intelligence Community, 

based on the inventories and assessments required by subsection (a), shall 

biennially—

(1) compile an inventory of all existing software licenses of the 

intelligence community, including utilized and unutilized licenses; 

(2) assess the actions that could be carried out by the intelligence 

community to achieve the greatest possible economies of scale and 

associated cost savings in software procurement and usage, including—

(A) increasing the centralization of the management of software 

licenses;

(B) increasing the regular tracking and maintaining of 

comprehensive inventories of software licenses using automated 

discovery and inventory tools and metrics;

(C) analyzing software license data to inform investment 

decisions; and

(D) providing appropriate personnel with sufficient software 

licenses management training; and
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(3) based on the assessment required under paragraph (2), make such 

recommendations with respect to software procurement and usage to the 

Director of National Intelligence as the Chief Information Officer 

considers appropriate.

(c) REPORTS TO CONGRESS.—The Chief Information Officer of the Intelligence 

Community shall submit to the congressional intelligence committees a copy of 

each inventory compiled under subsection (b)(1).

(d) IMPLEMENTATION OF RECOMMENDATIONS.—Not later than 180 days after 

the date on which the Director of National Intelligence receives 

recommendations from the Chief Information Officer of the Intelligence 

Community in accordance with subsection (b)(3), the Director of National 

Intelligence shall, to the extent practicable, issue guidelines for the intelligence 

community on software procurement and usage based on such recommendations.

NATIONAL MISSION OF NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY

SEC. 110. [50 U.S.C. § 3045]

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

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

Agency shall support the geospatial intelligence requirements of the Department 

of State and other departments and agencies of the United States outside the 

Department of Defense.

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

shall establish requirements and priorities governing the collection of national 

intelligence by the National Geospatial-Intelligence Agency under subsection (a).

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

develop and implement such programs and policies as the Director and the 

Secretary of Defense jointly determine necessary to review and correct 

deficiencies identified in the capabilities of the National Geospatial-Intelligence 

Agency to accomplish assigned national missions, including support to the allsource analysis and production process. The Director shall consult with the 

Secretary of Defense on the development and implementation of such programs 

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

Chiefs of Staff regarding the matters on which the Director and the Secretary are 

to consult under the preceding sentence.

RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED NATIONS

SEC. 112. [50 U.S.C. § 3047]

(a) PROVISION OF INTELLIGENCE INFORMATION TO UNITED NATIONS.—

(1) No United States intelligence information may be provided to the 

United Nations or any organization affiliated with the United Nations, or 
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97

to any officials or employees thereof, unless the President certifies to the 

appropriate committees of Congress that the Director of National 

Intelligence, in consultation with the Secretary of State and the Secretary 

of Defense, has established and implemented procedures, and has 

worked with the United Nations to ensure implementation of procedures, 

for protecting from unauthorized disclosure United States intelligence 

sources and methods connected to such information. 

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

President to the appropriate committees of Congress that providing such 

information to the United Nations or an organization affiliated with the 

United Nations, or to any officials or employees thereof, is in the 

national security interests of the United States.

(b) DELEGATION OF DUTIES.—The President may not delegate or assign the 

duties of the President under this section. 

(c) RELATIONSHIP TO EXISTING LAW.—Nothing in this section shall be construed 

to—

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

Intelligence to protect intelligence sources and methods from 

unauthorized disclosure pursuant to section 102A(i) of this Act; or

(2) supersede or otherwise affect the provisions of title V of this Act.

(d) DEFINITION.—As used in this section, the term “appropriate committees of 

Congress” means the Committee on Foreign Relations and the Select Committee 

on Intelligence of the Senate and the Committee on Foreign Relations and the 

Permanent Select Committee on Intelligence of the House of Representatives.

DETAIL OF INTELLIGENCE COMMUNITY PERSONNELINTELLIGENCE COMMUNITY ASSIGNMENT PROGRAM

SEC. 113. [50 U.S.C. § 3048]

(a) DETAIL.—

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

with an element in the intelligence community or the head of an 

intelligence community agency or element may detail any employee 

within that department, agency, or element to serve in any position in the 

Intelligence Community Assignment Program on a reimbursable or a 

nonreimbursable basis.

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

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

three years, except that such details may be extended for a period not to 

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

determine that such extension is in the public interest.
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98

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

(1) An employee detailed under subsection (a) may be authorized any 

benefit, allowance, travel, or incentive otherwise provided to enhance 

staffing by the organization from which the employee is detailed. 

(2) The head of an agency of an employee detailed under subsection (a) 

may pay a lodging allowance for the employee subject to the following 

conditions:

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

or a maximum amount payable for the lodging as established 

jointly by the Director of National Intelligence and—

(i) with respect to detailed employees of the Department 

of Defense, the Secretary of Defense; and

(ii) with respect to detailed employees of other agencies 

and departments, the head of such agency or department.

(B) The detailed employee maintains a primary residence for the 

employee’s immediate family in the local commuting area of the 

parent agency duty station from which the employee regularly 

commuted to such duty station before the detail.

(C) The lodging is within a reasonable proximity of the host 

agency duty station.

(D) The distance between the detailed employee’s parent agency 

duty station and the host agency duty station is greater than 20 

miles.

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

residence and the host agency duty station is 10 miles greater 

than the distance between such primary residence and the 

employee’s parent duty station.

(F) The rate of pay applicable to the detailed employee does not 

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

Schedule.

NON-REIMBURSABLE DETAIL OF OTHER PERSONNEL

SEC. 113A. [50 U.S.C. § 3049]

An officer or employee of the United States or member of the Armed Forces may 

be detailed to the staff of an element of the intelligence community funded 

through the National Intelligence Program from another element of the 

intelligence community or from another element of the United States 

Government on a non-reimbursable basis, as jointly agreed to by the heads of the 

receiving and detailing elements, for a period not to exceed three years. This 

section does not limit any other source of authority for reimbursable or nonreimbursable details. A non-reimbursable detail made under this section shall not 
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be considered an augmentation of the appropriations of the receiving element of 

the intelligence community.

SPECIAL PAY AUTHORITY FOR SCIENCE, TECHNOLOGY, ENGINEERING OR 

MATHEMATICS POSITIONS

SEC. 113B. [50 U.S.C. § 3049a]

(a) SPECIAL RATES OF PAY FOR POSITIONS REQUIRING EXPERTISE IN SCIENCE,

TECHNOLOGY, ENGINEERING, OR MATHEMATICS.—

(1) IN GENERAL.—Notwithstanding part III of title 5, United States 

Code, the head of each element of the intelligence community may, for 

one or more categories of positions in such element that require expertise 

in science, technology, engineering, or mathematics—

(A) establish higher minimum rates of pay; and

(B) make corresponding increases in all rates of pay of the pay 

range for each grade or level, subject to subsection (b) or (c) as 

applicable.

(2) TREATMENT.—The special rate supplements resulting from the 

establishment of higher rates under paragraph (1) shall be basic pay for 

the same or similar purposes as those specified in section 5305(j) of title 

5, United States Code.

(b) SPECIAL RATES OF PAY FOR CYBER POSITIONS.—

(1) IN GENERAL.—Notwithstanding subsection (c), the Director of the 

National Security Agency may establish a special rate of pay—

(A) not to exceed the rate of basic pay payable for level II of the 

Executive Schedule under section 5313 of title 5, United States 

Code, if the Director certifies to the Under Secretary of Defense 

for Intelligence, in consultation with the Under Secretary of 

Defense for Personnel and Readiness, that the rate of pay is for 

positions that perform functions that execute the cyber mission 

of the Agency; or

(B) not to exceed the rate of basic pay payable for the Vice 

President of the United States under section 104 of title 3, United 

States Code, if the Director certifies to the Secretary of Defense, 

by name, individuals that have advanced skills and competencies 

and that perform critical functions that execute the cyber mission 

of the Agency.

(2) PAY LIMITATION.—Employees receiving a special rate under 

paragraph (1) shall be subject to an aggregate pay limitation that parallels 

the limitation established in section 5307 of title 5, United States Code, 

except that—
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(A) any allowance, differential, bonus, award, or other similar 

cash payment in addition to basic pay that is authorized under 

title 10, United States Code, (or any other applicable law in 

addition to title 5 of such Code, excluding the Fair Labor 

Standards Act of 1938 (29 U.S.C. 201 et seq.)) shall also be 

counted as part of aggregate compensation; and

(B) aggregate compensation may not exceed the rate established 

for the Vice President of the United States under section 104 of 

title 3, United States Code.

(3) LIMITATION ON NUMBER OF RECIPIENTS.—The number of 

individuals who receive basic pay established under paragraph (1)(B) 

may not exceed 100 at any time.

(4) LIMITATION.—Notwithstanding any other provision of law, special 

rates of pay and the limitation established under paragraph (1)(B) may 

not be used as comparative references for the purpose of fixing the rates 

of basic pay or maximum pay limitations of qualified positions under 

section 1599f of title 10, United States Code, or section 226 of the 

Homeland Security Act of 2002 (6 U.S.C. 147).

(c) MAXIMUM SPECIAL RATE OF PAY.—Except as provided in subsection (b), a 

minimum rate of pay established for a category of positions under subsection (a) 

may not exceed the maximum rate of basic pay (excluding any locality-based 

comparability payment under section 5304 of Title 5, United States Code, or 

similar provision of law) for the position in that category of positions without the 

authority of subsection (a) by more than 30 percent, and no rate may be 

established under this section in excess of the rate of basic pay payable for level 

IV of the Executive Schedule under section 5315 of title 5, United States Code.

(d) NOTIFICATION OF REMOVAL FROM SPECIAL RATE OF PAY.—If the head of an 

element of the intelligence community removes a category of positions from 

coverage under a rate of pay authorized by subsection (a) or (b) after that rate of 

pay takes effect—

(1) the head of such element shall provide notice of the loss of coverage 

of the special rate of pay to each individual in such category; and

(2) the loss of coverage will take effect on the first day of the first pay 

period after the date of the notice.

(e) REVISION OF SPECIAL RATES OF PAY.—Subject to the limitations in this 

section, rates of pay established under this section by the head of the element of 

the intelligence community may be revised from time to time by the head of such 

element and the revisions have the force and effect of statute.

(f) REGULATIONS.—The head of each element of the intelligence community 

shall promulgate regulations to carry out this section with respect to such 

element, which shall, to the extent practicable, be comparable to the regulations 

promulgated to carry out section 5305 of title 5, United States Code.
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101

(g) REPORTS.—

(1) REQUIREMENT FOR REPORTS.—Not later than 90 days after the date 

of the enactment of the Damon Paul Nelson and Matthew Young Pollard 

Intelligence Authorization Act for Fiscal Years 2018 and 2019, the head 

of each element of the intelligence community shall submit to the 

congressional intelligence committees a report on any rates of pay 

established for such element under this section.

(2) CONTENTS.—Each report required by paragraph (1) shall contain for 

each element of the intelligence community—

(A) a description of any rates of pay established under subsection 

(a) or (b); and

(B) the number of positions in such element that will be subject 

to such rates of pay.

ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY EMPLOYEES

SEC. 114. [50 U.S.C. § 3050]

(a) IN GENERAL.—The Director of National Intelligence shall, on an annual 

basis, submit to Congress a report on the employment of covered persons within 

each element of the intelligence community for the preceding fiscal year and the 

preceding 5 fiscal years.

(b) CONTENT.—Each such report shall include data, disaggregated by category of 

covered person and by element of the intelligence community, on the following:

(1) Of all individuals employed in the element during the fiscal year 

involved, the aggregate percentage of such individuals who are covered 

persons.

(2) Of all individuals employed in the element during the fiscal year 

involved at the levels referred to in subparagraphs (A) and (B), the 

percentage of covered persons employed at such levels:

(A) Positions at levels 1 through 15 of the General Schedule.

(B) Positions at levels above GS–15.

(3) Of all individuals hired by the element involved during the fiscal year 

involved, the percentage of such individuals who are covered persons.

(c) FORM.—Each such report shall be submitted in unclassified form, but may 

contain a classified annex.

(d) CONSTRUCTION.—Nothing in this section shall be construed as providing for 

the substitution of any similar report required under another provision of law.

(e) “COVERED PERSONS” DEFINED.—In this section, the term “covered persons”

means—

(1) racial and ethnic minorities;

(2) women; and

(3) individuals with disabilities.
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LIMITATION ON ESTABLISHMENT OR OPERATION OF DIPLOMATIC 

INTELLIGENCE SUPPORT CENTERS

SEC. 115. [50 U.S.C. § 3052]

(a) IN GENERAL.—

(1) A diplomatic intelligence support center may not be established, 

operated, or maintained without the prior approval of the Director of 

National Intelligence.

(2) The Director may only approve the establishment, operation, or 

maintenance of a diplomatic intelligence support center if the Director 

determines that the establishment, operation, or maintenance of such 

center is required to provide necessary intelligence support in furtherance 

of the national security interests of the United States.

(b) PROHIBITION OF USE OF APPROPRIATIONS.—Amounts appropriated pursuant 

to authorizations by law for intelligence and intelligence-related activities may 

not be obligated or expended for the establishment, operation, or maintenance of 

a diplomatic intelligence support center that is not approved by the Director of 

National Intelligence.

(c) DEFINITIONS.—In this section:

(1) The term “diplomatic intelligence support center” means an entity to 

which employees of the various elements of the intelligence community 

(as defined in section 3(4)) are detailed for the purpose of providing 

analytical intelligence support that—

(A) consists of intelligence analyses on military or political 

matters and expertise to conduct limited assessments and 

dynamic taskings for a chief of mission; and

(B) is not intelligence support traditionally provided to a chief of 

mission by the Director of National Intelligence.

(2) The term “chief of mission” has the meaning given that term by 

section 102(3) of the Foreign Service Act of 1980 (22 U.S.C. 3902(3)), 

and includes ambassadors at large and ministers of diplomatic missions 

of the United States, or persons appointed to lead United States offices 

abroad designated by the Secretary of State as diplomatic in nature.

(d) TERMINATION.—This section shall cease to be effective on October 1, 2000.

TRAVEL ON ANY COMMON CARRIER FOR

CERTAIN INTELLIGENCE COLLECTION PERSONNEL

SEC. 116. [50 U.S.C. § 3053]

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

National Intelligence may authorize travel on any common carrier when such 

travel, in the discretion of the Director—
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(1) is consistent with intelligence community mission requirements, or

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

circumstances necessary for the successful performance of an 

intelligence community mission.

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

may only delegate the authority granted by this section to the Principal Deputy 

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

Intelligence Agency, to the Director of the Central Intelligence Agency, who may 

delegate such authority to other appropriate officials of the Central Intelligence 

Agency.

POW/MIA ANALYTIC CAPABILITY

SEC. 117. [50 U.S.C. § 3054]

(a) REQUIREMENT.—

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

Secretary of Defense, establish and maintain in the intelligence 

community an analytic capability with responsibility for intelligence in 

support of the activities of the United States relating to individuals who, 

after December 31, 1990, are unaccounted for United States personnel.

(2) The analytic capability maintained under paragraph (1) shall be 

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

community”.

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

“unaccounted for United States personnel” means the following:

(1) Any missing person (as that term is defined in section 1513(1) of title 

10, United States Code).

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

activities on behalf of the United States and whose remains have not 

been repatriated to the United States.

ANNUAL REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST ASSETS

SEC. 118. [50 U.S.C. § 3055]

(a) ANNUAL REPORT.—On an annual basis, the Secretary of the Treasury (acting 

through the head of the Office of Intelligence Support) shall submit a report to 

the appropriate congressional committees that fully informs the committees 

concerning operations against terrorist financial networks.

Each such report shall include with respect to the preceding one-year period—

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

against individuals or entities found to have engaged in financial support 

of terrorism;
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(2) the total number of physical searches of offices, residences, or 

financial records of individuals or entities suspected of having engaged 

in financial support for terrorist activity; and

(3) whether the financial intelligence information seized in these cases 

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

agencies, and other entities of the United States Government involved in 

intelligence activities participating in the Foreign Terrorist Asset 

Tracking Center.

(b) IMMEDIATE NOTIFICATION FOR EMERGENCY DESIGNATION.—In the case of a 

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

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

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

the appropriate congressional committees.

(c) SUBMITTAL DATE OF REPORTS TO CONGRESSIONAL INTELLIGENCE 

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

subsection (a) to the congressional intelligence committees, the submittal dates 

for such reports shall be as provided in section 507.

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the 

term “appropriate congressional committees” means the following: 

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

Appropriations, the Committee on Armed Services, and the Committee 

on Financial Services of the House of Representatives.

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

Appropriations, the Committee on Armed Services, and the Committee 

on Banking, Housing, and Urban Affairs of the Senate.

NATIONAL COUNTERTERRORISM CENTER

SEC. 119. [50 U.S.C. § 3056] 

(a) ESTABLISHMENT OF CENTER.—There is within the Office of the Director of 

National Intelligence a National Counterterrorism Center.

(b) DIRECTOR OF NATIONAL COUNTERTERRORISM CENTER.—

(1) There is a Director of the National Counterterrorism Center, who 

shall be the head of the National Counterterrorism Center, and who shall 

be appointed by the President, by and with the advice and consent of the 

Senate.

(2) The Director of the National Counterterrorism Center may not 

simultaneously serve in any other capacity in the executive branch.

(c) REPORTING.—

(1) The Director of the National Counterterrorism Center shall report to 

the Director of National Intelligence with respect to matters described in 
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paragraph (2) and the President with respect to matters described in 

paragraph (3).

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

(A) The budget and programs of the National Counterterrorism 

Center.

(B) The activities of the Directorate of Intelligence of the 

National Counterterrorism Center under subsection (i).

(C) The conduct of intelligence operations implemented by other 

elements of the intelligence community; and

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

of joint counterterrorism operations (other than intelligence operations).

(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 possessed or 

acquired by the United States Government pertaining to terrorism and 

counterterrorism, excepting intelligence pertaining exclusively to 

domestic terrorists and domestic counterterrorism.

(2) To conduct strategic operational planning for counterterrorism 

activities, integrating all instruments of national power, including 

diplomatic, financial, military, intelligence, homeland security, and law 

enforcement activities within and among agencies.

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

planning duties to lead Departments or agencies, as appropriate, for 

counterterrorism activities that are consistent with applicable law and 

that support counterterrorism strategic operational plans, but shall not 

direct the execution of any resulting operations.

(4) To ensure that agencies, as appropriate, have access to and receive 

all-source intelligence support needed to execute their counterterrorism 

plans or perform independent, alternative analysis.

(5) To ensure that such agencies have access to and receive intelligence 

needed to accomplish their assigned activities.

(6) To serve as the central and shared knowledge bank on known and 

suspected terrorists and international terror groups, as well as their goals, 

strategies, capabilities, and networks of contacts and support.

(e) DOMESTIC COUNTERTERRORISM INTELLIGENCE.—

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

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

intelligence pertaining exclusively to domestic counterterrorism from 

any Federal, State, or local government or other source necessary to 

fulfill its responsibilities and retain and disseminate such intelligence.
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(2) Any agency authorized to conduct counterterrorism activities may 

request information from the Center to assist it in its responsibilities, 

consistent with applicable law and the guidelines referred to in section 

102A(b).

(f) DUTIES AND RESPONSIBILITIES OF DIRECTOR.—

(1) The Director of the National Counterterrorism Center shall—

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

Intelligence on intelligence operations relating to 

counterterrorism;

(B) provide strategic operational plans for the civilian and 

military counterterrorism efforts of the United States 

Government and for the effective integration of counterterrorism 

intelligence and operations across agency boundaries, both inside 

and outside the United States;

(C) advise the Director of National Intelligence on the extent to 

which the counterterrorism program recommendations and 

budget proposals of the departments, agencies, and elements of 

the United States Government conform to the priorities 

established by the President;

(D) disseminate terrorism information, including current 

terrorism threat analysis, to the President, the Vice President, the 

Secretaries of State, Defense, and Homeland Security, the 

Attorney General, the Director of the Central Intelligence 

Agency, and other officials of the executive branch as 

appropriate, and to the appropriate committees of Congress;

(E) support the Department of Justice and the Department of 

Homeland Security, and other appropriate agencies, in 

fulfillment of their responsibilities to disseminate terrorism 

information, consistent with applicable law, guidelines referred 

to in section 102A(b), Executive orders and other Presidential 

guidance, to State and local government officials, and other 

entities, and coordinate dissemination of terrorism information to 

foreign governments as approved by the Director of National 

Intelligence;

(F) develop a strategy for combining terrorist travel intelligence 

operations and law enforcement planning and operations into a 

cohesive effort to intercept terrorists, find terrorist travel 

facilitators, and constrain terrorist mobility;

(G) have primary responsibility within the United States 

Government for conducting net assessments of terrorist threats;

(H) consistent with priorities approved by the President, assist 

the Director of National Intelligence in establishing requirements 
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for the intelligence community for the collection of terrorism 

information; and

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

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 Center may not 

direct the execution of counterterrorism operations.

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

resolve disagreements between the National Counterterrorism Center and the 

head of a department, agency, or element of the United States Government on 

designations, assignments, plans, or responsibilities under this section. The head 

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

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 National 

Counterterrorism Center a Directorate of Intelligence which shall have primary 

responsibility within the United States Government for analysis of terrorism and 

terrorist organizations (except for purely domestic terrorism and domestic 

terrorist organizations) from all sources of intelligence, whether collected inside 

or outside the United States.

(j) DIRECTORATE OF STRATEGIC OPERATIONAL PLANNING.—

(1) The Director of the National Counterterrorism Center shall establish 

and maintain within the National Counterterrorism Center a Directorate 

of Strategic Operational Planning which shall provide strategic 

operational plans for counterterrorism operations conducted by the 

United States Government.

(2) Strategic operational planning shall include the mission, objectives to 

be achieved, tasks to be performed, interagency coordination of 

operational activities, and the assignment of roles and responsibilities.

(3) The Director of the National Counterterrorism Center shall monitor 

the implementation of strategic operational plans, and shall obtain 

information from each element of the intelligence community, and from 

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

Government relevant for monitoring the progress of such entity in 

implementing such plans.

NATIONAL COUNTER PROLIFERATION CENTER

SEC. 119A. [50 U.S.C. § 3057] 

(a) ESTABLISHMENT.—
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108

(1) The President shall establish a National Counter Proliferation Center, 

taking into account all appropriate government tools to prevent and halt 

the proliferation of weapons of mass destruction, their delivery systems, 

and related materials and technologies.

(2) The head of the National Counter Proliferation Center shall be the 

Director of the National Counter Proliferation Center, who shall be 

appointed by the Director of National Intelligence.

(3) The National Counter Proliferation Center shall be located within the 

Office of the Director of National Intelligence. 

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

Proliferation Center, the President shall address the following missions and 

objectives to prevent and halt the proliferation of weapons of mass destruction, 

their delivery systems, and related materials and technologies:

(1) Establishing a primary organization within the United States 

Government for analyzing and integrating all intelligence possessed or 

acquired by the United States pertaining to proliferation.

(2) Ensuring that appropriate agencies have full access to and receive allsource intelligence support needed to execute their counter proliferation 

plans or activities, and perform independent, alternative analyses.

(3) Establishing a central repository on known and suspected 

proliferation activities, including the goals, strategies, capabilities, 

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

proliferation.

(4) Disseminating proliferation information, including proliferation 

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

agencies, and to the appropriate committees of Congress.

(5) Conducting net assessments and warnings about the proliferation of 

weapons of mass destruction, their delivery systems, and related 

materials and technologies.

(6) Coordinating counter proliferation plans and activities of the various 

departments and agencies of the United States Government to prevent 

and halt the proliferation of weapons of mass destruction, their delivery 

systems, and related materials and technologies.

(7) Conducting strategic operational counter proliferation planning for 

the United States Government to prevent and halt the proliferation of 

weapons of mass destruction, their delivery systems, and related 

materials and technologies.

(c) NATIONAL SECURITY WAIVER.—The President may waive the requirements 

of this section, and any parts thereof, if the President determines that such 

requirements do not materially improve the ability of the United States 

Government to prevent and halt the proliferation of weapons of mass destruction, 

their delivery systems, and related materials and technologies. Such waiver shall 
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109

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

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

(d) REPORT TO CONGRESS.—

(1) Not later than nine months after the implementation of this Act, the 

President shall submit to Congress, in classified form if necessary, the 

findings and recommendations of the President’s Commission on 

Weapons of Mass Destruction established by Executive Order in 

February 2004, together with the views of the President regarding the 

establishment of a National Counter Proliferation Center.

(2) If the President decides not to exercise the waiver authority granted 

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

time updates and plans regarding the establishment of a National Counter 

Proliferation Center.

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

counter proliferation activities, consistent with the President’s Proliferation 

Security Initiative, should include the physical interdiction, by air, sea, or land, of 

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

technologies, and enhanced law enforcement activities to identify and disrupt 

proliferation networks, activities, organizations, and persons.

NATIONAL INTELLIGENCE CENTERS

SEC. 119B. [50 U.S.C. § 3058] 

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

establish one or more national intelligence centers to address intelligence 

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

(b) RESOURCES OF DIRECTORS OF CENTERS.—

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

each national intelligence center under subsection (a) has appropriate 

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

assigned to such center, to carry out the assigned mission of such center.

(2) The Director of National Intelligence shall ensure that each national 

intelligence center has appropriate personnel to accomplish effectively 

the mission of such center.

(c) INFORMATION SHARING.—The Director of National Intelligence shall, to the 

extent appropriate and practicable, ensure that each national intelligence center 

under subsection (a) and the other elements of the intelligence community share 

information in order to facilitate the mission of such center.

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

Intelligence, each national intelligence center under subsection (a) may, in the 

area of intelligence responsibility assigned to such center—
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(1) have primary responsibility for providing all-source analysis of 

intelligence based upon intelligence gathered both domestically and 

abroad;

(2) have primary responsibility for identifying and proposing to the 

Director of National Intelligence, intelligence collection and analysis and 

production requirements; and

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

shall specify.

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

Intelligence shall determine on a regular basis whether—

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

intelligence center under subsection (a) continues to meet appropriate 

intelligence priorities; and

(2) the staffing and management of such center remains appropriate for 

the accomplishment of the mission of such center.

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

national intelligence center under subsection (a).

(g) SEPARATE BUDGET ACCOUNT.—The Director of National Intelligence shall, 

as appropriate, include in the National Intelligence Program budget a separate 

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

FOREIGN MALIGN INFLUENCE RESPONSE CENTER

SEC. 119C. [50 U.S.C. § [3059]] 

(a) ESTABLISHMENT.—There is within the Office of the Director of National 

Intelligence a Foreign Malign Influence Response Center (in this section referred 

to as the “Center”).

(b) FUNCTIONS AND COMPOSITION.—The Center shall—

(1) be comprised of analysts from all elements of the intelligence 

community, including elements with diplomatic and law enforcement 

functions;

(2) have access to all intelligence and other reporting possessed or 

acquired by the United States Government pertaining to foreign malign 

influence;

(3) serve as the primary organization in the United States Government 

for analyzing and integrating all intelligence possessed or acquired by the 

United States Government pertaining to foreign malign influence; and

(4) provide to employees and officers of the Federal Government in 

policy-making positions and Congress comprehensive assessments, and 

indications and warnings, of foreign malign influence.

(c) DIRECTOR.—
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(1) APPOINTMENT.—There is a Director of the Center, who shall be the 

head of the Center, and who shall be appointed by the Director of 

National Intelligence.

(2) ROLE.—The Director of the Center shall—

(A) report directly to the Director of National Intelligence;

(B) carry out the functions under subsection (b); and

(C) at the request of the President or the Director of National 

Intelligence, develop and provide recommendations for potential 

responses by the United States to foreign malign influence.

(d) ANNUAL REPORTS.—

(1) IN GENERAL.—In addition to the matters submitted pursuant to 

subsection (b)(4), at the direction of the Director of National Intelligence, 

but not less than once each year, the Director of the Center shall submit 

to the congressional intelligence committees, the Committee on Foreign 

Affairs of the House of Representatives, and the Committee on Foreign 

Relations of the Senate a report on foreign malign influence.

(2) MATTERS INCLUDED.—Each report under paragraph (1) shall 

include, with respect to the period covered by the report, a discussion of 

the following:

(A) The most significant activities of the Center.

(B) Any recommendations the Director determines necessary for 

legislative or other actions to improve the ability of the Center to 

carry out its functions, including recommendations regarding the 

protection of privacy and civil liberties.

(e) DEFINITIONS.—In this section:

(1) COVERED FOREIGN COUNTRY.—The term “covered foreign country” 

means the following:

(A) The Russian Federation.

(B) The Islamic Republic of Iran.

(C) The Democratic People’s Republic of Korea.

(D) The People’s Republic of China.

(E) Any other foreign country that the Director of the Center 

determines appropriate for purposes of this section.

(2) FOREIGN MALIGN INFLUENCE.—The term “foreign malign influence” 

means any hostile effort undertaken by, at the direction of, or on behalf 

of or with the substantial support of, the government of a covered foreign 

country with the objective of influencing, through overt or covert 

means—

(A) the political, military, economic, or other policies or 

activities of the United States Government or State or local 

governments, including any election within the United States; or

(B) the public opinion within the United States.
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112

CLIMATE SECURITY ADVISORY COUNCIL

SEC. 120. [50 U.S.C. § [3060]] 

(a) ESTABLISHMENT.—The Director of National Intelligence shall establish a 

Climate Security Advisory Council for the purpose of—

(1) assisting intelligence analysts of various elements of the intelligence 

community with respect to analysis of climate security and its impact on 

the areas of focus of such analysts;

(2) facilitating coordination between the elements of the intelligence 

community and elements of the Federal Government that are not 

elements of the intelligence community in collecting data on, and 

conducting analysis of, climate change and climate security; and

(3) ensuring that the intelligence community is adequately prioritizing 

climate change in carrying out its activities.

(b) COMPOSITION OF COUNCIL.—

(1) MEMBERS.—The Council shall be composed of the following 

individuals appointed by the Director of National Intelligence:

(A) An appropriate official from the National Intelligence 

Council, who shall chair the Council.

(B) The lead official with respect to climate and environmental 

security analysis from—

(i) the Central Intelligence Agency;

(ii) the Bureau of Intelligence and Research of the 

Department of State;

(iii) the National Geospatial-Intelligence Agency;

(iv) the Office of Intelligence and Counterintelligence of 

the Department of Energy;

(v) the Office of the Under Secretary of Defense for 

Intelligence; and

(vi) the Defense Intelligence Agency.

(C) Three appropriate officials from elements of the Federal 

Government that are not elements of the intelligence community 

that are responsible for—

(i) providing decision makers with a predictive 

understanding of the climate;

(ii) making observations of our Earth system that can be 

used by the public, policymakers, and to support 

strategic decisions; or

(iii) coordinating Federal research and investments in 

understanding the forces shaping the global 

environment, both human and natural, and their impacts 

on society.
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113

(D) Any other officials as the Director of National Intelligence or 

the chair of the Council may determine appropriate.

(2) RESPONSIBILITIES OF CHAIR.—The chair of the Council shall have 

responsibility for—

(A) identifying agencies to supply individuals from elements of 

the Federal Government that are not elements of the intelligence 

community;

(B) securing the permission of the relevant agency heads for the 

participation of such individuals on the Council; and

(C) any other duties that the Director of National Intelligence 

may direct.

(c) DUTIES AND RESPONSIBILITIES OF COUNCIL.—The Council shall carry out 

the following duties and responsibilities:

(1) To meet at least quarterly to—

(A) exchange appropriate data between elements of the 

intelligence community and elements of the Federal Government 

that are not elements of the intelligence community;

(B) discuss processes for the routine exchange of such data and 

implementation of such processes; and 

(C) prepare summaries of the business conducted at each 

meeting. 

(2) To assess and determine best practices with respect to the analysis of 

climate security, including identifying publicly available information and 

intelligence acquired through clandestine means that enables such 

analysis.

(3) To assess and identify best practices with respect to prior efforts of 

the intelligence community to analyze climate security.

(4) To assess and describe best practices for identifying and 

disseminating climate security indicators and warnings.

(5) To recommend methods of incorporating analysis of climate security 

and the best practices identified under paragraphs (2) through (4) into 

existing analytic training programs.

(6) To consult, as appropriate, with other elements of the intelligence 

community that conduct analysis of climate change or climate security 

and elements of the Federal Government that are not elements of the 

intelligence community that conduct analysis of climate change or 

climate security, for the purpose of sharing information about ongoing 

efforts and avoiding duplication of existing efforts.

(7) To work with elements of the intelligence community that conduct 

analysis of climate change or climate security and elements of the 

Federal Government that are not elements of the intelligence community 

that conduct analysis of climate change or climate security—
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(A) to exchange appropriate data between such elements, 

establish processes, procedures and practices for the routine 

exchange of such data, discuss the implementation of such 

processes; and 

(B) to enable and facilitate the sharing of findings and analysis 

between such elements.

(8) To assess whether the elements of the intelligence community that 

conduct analysis of climate change or climate security may inform the 

research direction of academic work and the sponsored work of the 

United States Government.

(9) At the discretion of the chair of the Council, to convene conferences 

for analysts and nonintelligence community personnel working on 

climate change or climate security on subjects that the chair shall direct.

(d) SUNSET.—The Council shall terminate on the date that is 4 years after the 

date of the enactment of this section.

(e) DEFINITIONS.—In this section:

(1) CLIMATE SECURITY.—The term “climate security” means the effects 

of climate change on the following:

(A) The national security of the United States, including national 

security infrastructure.

(B) Subnational, national, and regional political stability.

(C) The security of allies and partners of the United States.

(D) Ongoing or potential political violence, including unrest, 

rioting, guerrilla warfare, insurgency, terrorism, rebellion, 

revolution, civil war, and interstate war.

(2) CLIMATE INTELLIGENCE INDICATIONS AND WARNINGS.—The term 

“climate intelligence indications and warnings” means developments 

relating to climate security with the potential to—

(A) imminently and substantially alter the political stability or 

degree of human security in a country or region; or

(B) imminently and substantially threaten—

(i) the national security of the United States;

(ii) the military, political, or economic interests of allies 

and partners of the United States; or

(iii) citizens of the United States abroad.
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115

TITLE II—THE DEPARTMENT OF DEFENSE

DEPARTMENT OF DEFENSE

SEC. 201. [50 U.S.C. § 3005]

Except to the extent inconsistent with the provisions of this Act or other 

provisions of law, the provisions of title 5, United States Code, shall be 

applicable to the Department of Defense.

DEPARTMENT OF THE ARMY

SEC. 205. [50 U.S.C. § 3004]

(a) All laws, orders, regulations, and other actions relating to the Department of 

War or to any officer or activity whose title is changed under this section shall, 

insofar as they are not inconsistent with the provisions of this Act, be deemed to 

relate to the Department of the Army within the Department of Defense or to 

such officer or activity designated by his or its new title. 

(b) The term “Department of the Army” as used in this Act shall be construed to 

mean the Department of the Army at the seat of government and all field 

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

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

DEPARTMENT OF THE NAVY

SEC. 206. [50 U.S.C. § 3004]

The term “Department of the Navy” as used in this Act shall be construed to 

mean the Department of the Navy at the seat of government; the headquarters, 

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

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

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

bases, installations, activities and functions under the control or supervision of 

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

as a part of the Navy pursuant to law.

DEPARTMENT OF THE AIR FORCE

SEC. 207. [50 U.S.C. § 3004]

The term “Department of the Air Force” as used in this Act shall be construed to 

mean the Department of the Air Force at the seat of government and all field 

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

under the control or supervision of the Department of the Air Force.
NATIONAL SECURITY ACT OF 1947

116

TITLE III—MISCELLANEOUS PROVISIONS

NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION

SEC. 301. [50 U.S.C. § 3071] 

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

Voluntary Separation Act”.

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

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

Agency; and

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

Agency, serving under an appointment without time limitation, who has 

been currently employed by the National Security Agency for a 

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

program established under subsection (c), except that such term does not 

include—

(A) a reemployed annuitant under subchapter III of chapter 83 or 

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

system for employees of the Government; or

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

employee is or would be eligible for disability retirement under 

any of the retirement systems referred to in subparagraph (A).

(c) ESTABLISHMENT OF PROGRAM.—Notwithstanding any other provision of 

law, the Director, in his sole discretion, may establish a program under which 

employees may, after October 1, 2000, be eligible for early retirement, offered 

separation pay to separate from service voluntarily, or both.

(d) EARLY RETIREMENT.—An employee who—

(1) is at least 50 years of age and has completed 20 years of service; or

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

promulgated under this section, apply and be retired from the National 

Security Agency and receive benefits in accordance with chapter 83 or 

84 of title 5, United States Code, if the employee has not less than 10 

years of service with the National Security Agency.

(e) AMOUNT OF SEPARATION PAY AND TREATMENT FOR OTHER PURPOSES.—

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

equal to the lesser of—

(A) an amount equal to the amount the employee would be 

entitled to receive under section 5595(c) of title 5, United States 

Code, if the employee were entitled to payment under such 

section; or

(B) $25,000.

(2) TREATMENT.—Separation pay shall not—
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(A) be a basis for payment, and shall not be included in the 

computation, of any other type of Government benefit; and

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

amount of any severance pay to which an individual may be 

entitled under section 5595 of title 5, United States Code, based 

on any other separation.

(f ) REEMPLOYMENT RESTRICTIONS.—An employee who receives separation pay 

under such program may not be reemployed by the National Security Agency for 

the 12-month period beginning on the effective date of the employee’s 

separation. An employee who receives separation pay under this section on the 

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

Federal Workforce Restructuring Act of 1994 (Public Law 103-236; 108 Stat. 

111) and accepts employment with the Government of the United States within 5 

years after the date of the separation on which payment of the separation pay is 

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

National Security Agency. If the employment is with an Executive agency (as 

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

of Personnel Management may, at the request of the head of the agency, waive 

the repayment if the individual involved possesses unique abilities and is the only 

qualified applicant available for the position. If the employment is with an entity 

in the legislative branch, the head of the entity or the appointing official may 

waive the repayment if the individual involved possesses unique abilities and is 

the only qualified applicant available for the position. If the employment is with 

the judicial branch, the Director of the Administrative Office of the United States 

Courts may waive the repayment if the individual involved possesses unique 

abilities and is the only qualified applicant available for the position.

(g) BAR ON CERTAIN EMPLOYMENT.—

(1) BAR.—An employee may not be separated from service under this 

section unless the employee agrees that the employee will not—

(A) act as agent or attorney for, or otherwise represent, any other 

person (except the United States) in any formal or informal 

appearance before, or, with the intent to influence, make any oral 

or written communication on behalf of any other person (except 

the United States) to the National Security Agency; or

(B) participate in any manner in the award, modification, or 

extension of any contract for property or services with the 

National Security Agency, during the 12-month period beginning 

on the effective date of the employee’s separation from service.

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

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

separation pay paid to the employee pursuant to this section multiplied 
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118

by the proportion of the 12-month period during which the employee was 

in violation of the agreement.

(h) LIMITATIONS.—Under this program, early retirement and separation pay may

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 geographic 

locations, or subject to such other similar limitations or conditions, as the 

Director may require.

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

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

regulations as may be necessary to carry out this section.

(j) NOTIFICATION OF EXERCISE OF AUTHORITY.—The Director may not make an 

offer of early retirement, separation pay, or both, pursuant to this section until 15 

days after submitting to the congressional intelligence committees a report 

describing the occupational groups or geographic locations, or other similar 

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

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

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

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

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

Management for deposit in the Treasury of the United States to the credit of the 

Civil Service Retirement and Disability Fund, an amount equal to 15 percent of 

the final basic pay of each employee to whom a voluntary separation payment 

has been or is to be paid under this section. The remittance required by this 

subsection shall be in lieu of any remittance required by section 4(a) of the 

Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).

AUTHORITY OF FEDERAL BUREAU OF INVESTIGATION 

TO AWARD PERSONAL SERVICES CONTRACTS

SEC. 302. [50 U.S.C. § 3072]

(a) IN GENERAL.—The Director of the Federal Bureau of Investigation may enter 

into personal services contracts if the personal services to be provided under such 

contracts directly support the intelligence or counterintelligence missions of the 

Federal Bureau of Investigation.

(b) INAPPLICABILITY OF CERTAIN REQUIREMENTS.—Contracts under subsection 

(a) shall not be subject to the annuity offset requirements of sections 8344 and 

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

United States Code, or any law or regulation requiring competitive contracting.

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

Contracting Officer of the Federal Bureau of Investigation shall ensure that each 
NATIONAL SECURITY ACT OF 1947

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personal services contract entered into by the Director under this section is the 

appropriate means of securing the services to be provided under such contract.

ADVISORY COMMITTEES AND PERSONNEL

SEC. 303. [50 U.S.C. § 3073]

(a) The Director of the Office of Defense Mobilization, the Director of National 

Intelligence, and the National Security Council, acting through its Executive 

Secretary, are authorized to appoint such advisory committees and to employ, 

consistent with other provisions of this Act, such part-time advisory personnel as 

they may deem necessary in carrying out their respective functions and the 

functions of agencies under their control. Persons holding other offices or 

positions under the United States for which they receive compensation, while 

serving as members of such committees, shall receive no additional 

compensation for such service. Retired members of the uniformed services 

employed by the Director of National Intelligence who hold no other office or 

position under the United States for which they receive compensation, other 

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

employed may serve without compensation or may receive compensation at a 

daily rate not to exceed the daily equivalent of the rate of pay in effect for grade 

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

States Code, as determined by the appointing authority.

(b) Service of an individual as a member of any such advisory committee, or in 

any other part-time capacity for a department or agency hereunder, shall not be 

considered as service bringing such individual within the provisions of section 

203, 205, or 207, of title 18, United States Code, unless the act of such 

individual, which by such section is made unlawful when performed by an 

individual referred to in such section, is with respect to any particular matter 

which directly involves a department or agency which such person is advising or 

in which such department or agency is directly interested.

REPORTING OF CERTAIN EMPLOYMENT ACTIVITIES BY FORMER 

INTELLIGENCE OFFICERS AND EMPLOYEES.

SEC. 304 [50 U.S.C. § 3073a]

(a) IN GENERAL.—The head of each element of the intelligence community shall 

issue regulations requiring each employee of such element occupying a covered 

position to sign a written agreement requiring the regular reporting of covered 

employment to the head of such element.

(b) AGREEMENT ELEMENTS.—The regulations required under subsection (a) 

shall provide that an agreement contain provisions requiring each employee 
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occupying a covered position to, during the two-year period beginning on the 

date on which such employee ceases to occupy such covered position—

(1) report covered employment to the head of the element of the 

intelligence community that employed such employee in such covered 

position upon accepting such covered employment; and

(2) annually (or more frequently if the head of such element considers it 

appropriate) report covered employment to the head of such element.

(c) DEFINITIONS.—In this section:

(1) COVERED EMPLOYMENT.—The term “covered employment” means 

direct employment by, representation of, or the provision of advice 

relating to national security to the government of a foreign country or 

any person whose activities are directly or indirectly supervised, 

directed, controlled, financed, or subsidized, in whole or in major part, 

by any government of a foreign country.

(2) COVERED POSITION.—The term “covered position” means a position 

within an element of the intelligence community that, based on the level 

of access of a person occupying such position to information regarding 

sensitive intelligence sources or methods or other exceptionally sensitive 

matters, the head of such element determines should be subject to the 

requirements of this section.

(3) GOVERNMENT OF A FOREIGN COUNTRY.—The term “government of 

a foreign country” has the meaning given the term in section 1(e) of the 

Foreign Agents Registration Act of 1938 (22 U.S.C. 611(e)).

AUTHORIZATION FOR APPROPRIATIONS

SEC. 307. [50 U.S.C. § 3074]

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

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

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

VII).

DEFINITIONS

SEC. 308. [50 U.S.C. § 3075]

(a) As used in sections 2, 101, 102, 103, and 303 of this Act, the term “function”

includes functions, powers, and duties.

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

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

all agencies created under title II of this Act.
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SEPARABILITY

SEC. 309. [50 U.S.C. § 3076]

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 and of the 

application of such provision to other persons and circumstances shall not be 

affected thereby.

EFFECTIVE DATE

SEC. 310. [50 U.S.C. § 3077]

(a) The first sentence of section 202(a) and sections 1, 2, 307, 308, 309, and 310

shall take effect immediately upon the enactment of this Act.

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

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

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

day after the date of the enactment of this Act.

REPEALING AND SAVING PROVISIONS

SEC. 312. [50 U.S.C. § 3006]

All laws, orders, and regulations inconsistent with the provisions of this title are 

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

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

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

in conformance with the policy and requirements for administration of budgetary 

and fiscal matters in the Government generally, including accounting and 

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

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

agency, or officer of the Government in connection with such matters, but no 

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

responsibilities in a manner that will render ineffective the provisions of this title.

TITLE V—ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

GENERAL CONGRESSIONAL OVERSIGHT PROVISIONS

SEC. 501. [50 U.S.C. § 3091] 

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

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

States, including any significant anticipated intelligence activity as required by 

this title.
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(2) Nothing in this title shall be construed as requiring the approval of 

the congressional intelligence committees as a condition precedent to the 

initiation of any significant anticipated intelligence activity.

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

promptly to the congressional intelligence committees, as well as any corrective 

action that has been taken or is planned in connection with such illegal activity.

(c) The President and the congressional intelligence committees shall each 

establish such written procedures as may be necessary to carry out the provisions 

of this title.

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

resolution of such House, procedures to protect from unauthorized disclosure all 

classified information, and all information relating to intelligence sources and 

methods, that is furnished to the congressional intelligence committees or to 

Members of Congress under this title. Such procedures shall be established in 

consultation with the Director of National Intelligence. In accordance with such 

procedures, each of the congressional intelligence committees shall promptly call 

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

committees of its respective House, any matter relating to intelligence activities 

requiring the attention of such House or such committee or committees.

(e) Nothing in this Act shall be construed as authority to withhold information 

from the congressional intelligence committees on the grounds that providing the 

information to the congressional intelligence committees would constitute the 

unauthorized disclosure of classified information or information relating to 

intelligence sources and methods.

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

actions as defined in section 503(e), and includes financial intelligence activities.

REPORTING OF INTELLIGENCE ACTIVITIES OTHER THAN COVERT ACTIONS

SEC. 502. [50 U.S.C. § 3092]

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

from unauthorized disclosure of classified information relating to sensitive 

intelligence sources and methods or other exceptionally sensitive matters, the 

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

other entities of the United States Government involved in intelligence activities 

shall—

(1) keep the congressional intelligence committees fully and currently 

informed of all intelligence activities, other than a covert action (as 

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

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

entity of the United States Government, including any significant 
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anticipated intelligence activity and any significant intelligence failure; 

and 

(2) furnish the congressional intelligence committees any information or 

material concerning intelligence activities (including the legal basis 

under which the intelligence activity is being or was conducted), other 

than covert actions, which is within their custody or control, and which is 

requested by either of the congressional intelligence committees in order 

to carry out its authorized responsibilities.

(b) FORM AND CONTENTS OF CERTAIN REPORTS.—Any report relating to a 

significant anticipated intelligence activity or a significant intelligence failure 

that is submitted to the congressional intelligence committees for purposes of 

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 activity or 

intelligence failure covered by such report.

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

National Intelligence, in consultation with the heads of the departments, 

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

procedures applicable to reports covered by subsection (b).

PRESIDENTIAL APPROVAL AND REPORTING OF COVERT ACTIONS

SEC. 503. [50 U.S.C. § 3093]

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

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

President determines such an action is necessary to support identifiable foreign 

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

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

meet each of the following conditions: 

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

United States is required and time does not permit the preparation of a 

written finding, in which case a written record of the President’s decision 

shall be contemporaneously made and shall be reduced to a written 

finding as soon as possible but in no event more than 48 hours after the 

decision is made.

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

sanction a covert action, or any aspect of any such action, which already 

has occurred.

(3) Each finding shall specify each department, agency, or entity of the 

United States Government authorized to fund or otherwise participate in 

any significant way in such action. Any employee, contractor, or contract 

agent of a department, agency, or entity of the United States Government 
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other than the Central Intelligence Agency directed to participate in any 

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

regulations of the Central Intelligence Agency, or to written policies or 

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

such participation.

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

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

United States Government, or is not otherwise subject to United States 

Government policies and regulations, will be used to fund or otherwise 

participate in any significant way in the covert action concerned, or be 

used to undertake the covert action concerned on behalf of the United 

States.

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

Constitution or any statute of the United States.

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

disclosure of classified information relating to sensitive intelligence sources and 

methods or other exceptionally sensitive matters, the Director of National 

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

States Government involved in a covert action—

(1) shall keep the congressional intelligence committees fully and 

currently informed of all covert actions which are the responsibility of, 

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

agency, or entity of the United States Government, including significant 

failures; and 

(2) shall furnish to the congressional intelligence committees any 

information or material concerning covert actions (including the legal 

basis under which the covert action is being or was conducted) which is 

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

entity of the United States Government and which is requested by either 

of the congressional intelligence committees in order to carry out its 

authorized responsibilities. 

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

subsection (a) shall be reported in writing to the congressional intelligence 

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

the covert action authorized by the finding, except as otherwise provided in 

paragraph (2) and paragraph (3).

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

finding to meet extraordinary circumstances affecting vital interests of 

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

ranking minority members of the congressional intelligence committees, 

the Speaker and minority leader of the House of Representatives, the 

majority and minority leaders of the Senate, and such other member or 
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125

members of the congressional leadership as may be included by the 

President.

(3) Whenever a finding is not reported pursuant to paragraph (1) or (2) of 

this section, the President shall fully inform the congressional 

intelligence committees in a timely fashion and shall provide a statement 

of the reasons for not giving prior notice.

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

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

congressional intelligence committee.

(5)(A) When access to a finding, or a notification provided under 

subsection (d)(1), is limited to the Members of Congress specified in 

paragraph (2), a written statement of the reasons for limiting such access 

shall also be provided.

(B) Not later than 180 days after a statement of reasons is 

submitted in accordance with subparagraph (A) or this 

subparagraph, the President shall ensure that—

(i) all members of the congressional intelligence 

committees are provided access to the finding or 

notification; or

(ii) a statement of reasons that it is essential to continue 

to limit access to such finding or such notification to 

meet extraordinary circumstances affecting vital interests 

of the United States is submitted to the Members of 

Congress specified in paragraph (2).

(d)(1) The President shall ensure that the congressional intelligence committees, 

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

notified in writing of any significant change in a previously approved covert 

action, or any significant undertaking pursuant to a previously approved finding, 

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

(2) In determining whether an activity constitutes a significant 

undertaking for purposes of paragraph (1), the President shall consider 

whether the activity—

(A) involves significant risk of loss of life;

(B) requires an expansion of existing authorities, including 

authorities relating to research, development, or operations;

(C) results in the expenditure of significant funds or other 

resources;

(D) requires notification under section 504;

(E) gives rise to a significant risk of disclosing intelligence 

sources or methods; or
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126

(F) presents a reasonably foreseeable risk of serious damage to 

the diplomatic relations of the United States if such activity were 

disclosed without authorization.

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

the United States Government to influence political, economic, or military 

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

Government will not be apparent or acknowledged publicly, but does not 

include—

(1) activities the primary purpose of which is to acquire intelligence, 

traditional counterintelligence activities, traditional activities to improve 

or maintain the operational security of United States Government 

programs, or administrative activities;

(2) traditional diplomatic or military activities or routine support to such 

activities;

(3) traditional law enforcement activities conducted by United States 

Government law enforcement agencies or routine support to such 

activities; or

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

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

Government agencies abroad. 

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

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

(g)(1) In any case where access to a finding reported under subsection (c) or 

notification provided under subsection (d)(1) is not made available to all 

members of a congressional intelligence committee in accordance with 

subsection (c)(2), the President shall notify all members of such committee that 

such finding or such notification has been provided only to the members 

specified in subsection (c)(2).

(2) In any case where access to a finding reported under subsection (c) or 

notification provided under subsection (d)(1) is not made available to all 

members of a congressional intelligence committee in accordance with 

subsection (c)(2), the President shall provide to all members of such 

committee a general description regarding the finding or notification, as 

applicable, consistent with the reasons for not yet fully informing all 

members of such committee.

(3) The President shall maintain—

(A) a record of the members of Congress to whom a finding 

is reported under subsection (c) or notification is provided 

under subsection (d)(1) and the date on which each member of 

Congress receives such finding or notification; and

(B) each written statement provided under subsection (c)(5).
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127

(h) For each type of activity undertaken as part of a covert action, the President 

shall establish in writing a plan to respond to the unauthorized public disclosure 

of that type of activity.

FUNDING OF INTELLIGENCE ACTIVITIES

SEC. 504. [50 U.S.C. § 3094]

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

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

(1) those funds were specifically authorized by the Congress for use for 

such activities; or

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

Central Intelligence Agency and consistent with the provisions of section 

503 of this Act concerning any significant anticipated intelligence 

activity, the Director of the Central Intelligence Agency has notified the 

appropriate congressional committees of the intent to make such funds 

available for such activity; or 

(3) in the case of funds specifically authorized by the Congress for a 

different activity—

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

intelligence-related activity;

(B) the use of such funds for such activity supports an 

emergent need, improves program effectiveness, or increases 

efficiency; and

(C) the Director of National Intelligence, the Secretary of 

Defense, or the Attorney General, as appropriate, has notified the 

appropriate congressional committees of the intent to make such 

funds available for such activity;

(4) nothing in this subsection prohibits obligation or expenditure of funds 

available to an intelligence agency in accordance with sections 1535 and 

1536 of title 31, United States Code.

(b) Funds available to an intelligence agency may not be made available for any 

intelligence or intelligence-related activity for which funds were denied by the 

Congress.

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

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

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

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

signed or otherwise issued in accordance with that subsection.

(d)(1) Except as otherwise specifically provided by law, funds available to an 

intelligence agency that are not appropriated funds may be obligated or expended 

for an intelligence or intelligence-related activity only if those funds are used for 
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128

activities reported to the appropriate congressional committees pursuant to 

procedures which identify—

(A) the types of activities for which nonappropriated funds may 

be expended; and

(B) the circumstances under which an activity must be reported 

as a significant anticipated intelligence activity before such funds 

can be expended.

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

by the congressional intelligence committees and, as appropriate, the 

Director of National Intelligence or the Secretary of Defense.

(e) As used in this section—

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

other entity of the United States involved in intelligence or intelligencerelated activities;

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

Permanent Select Committee on Intelligence and the Committee on 

Appropriations of the House of Representatives and the Select 

Committee on Intelligence and the Committee on Appropriations of the 

Senate; and

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

(A) the activity and the amount of funds proposed to be used for 

that activity were identified in a formal budget request to the 

Congress, but funds shall be deemed to be specifically 

authorized for that activity only to the extent that the Congress 

both authorized the funds to be appropriated for that activity and 

appropriated the funds for that activity; or

(B) although the funds were not formally requested, the 

Congress both specifically authorized the appropriation of the 

funds for the activity and appropriated the funds for the activity.

NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF 

DEFENSE ARTICLES AND DEFENSE SERVICES

SEC. 505. [50 U.S.C. § 3095]

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

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

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

outside that agency shall be considered a significant anticipated intelligence 

activity for the purpose of this title.

(2) Paragraph (1) does not apply if—

(A) the transfer is being made to a department, agency, or other 

entity of the United States (so long as there will not be a 
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subsequent retransfer of the defense articles or defense services 

outside the United States Government in conjunction with an 

intelligence or intelligence-related activity); or

(B) the transfer—

(i) is being made pursuant to authorities contained in 

part II of the Foreign Assistance Act of 1961, the Arms 

Export Control Act, title 10 of the United States Code

(including a law enacted pursuant to section 8677(a) of 

title 10), or the Federal Property and Administrative 

Services Act of 1949, and

(ii) is not being made in conjunction with an intelligence 

or intelligence-related activity.

(3) An intelligence agency may not transfer any defense articles or 

defense services outside the agency in conjunction with any intelligence 

or intelligence-related activity for which funds were denied by the 

Congress.

(b) As used in this section—

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

other entity of the United States involved in intelligence or intelligencerelated activities;

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

the United States Munitions List pursuant to section 38 of the Arms 

Export Control Act (22 CFR part 121);

(3) the term “transfer” means—

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

those articles; and

(B) in the case of defense services, the provision of those 

services; and

(4) the term “value” means—

(A) in the case of defense articles, the greater of—

(i) the original acquisition cost to the United States 

Government, plus the cost of improvements or other 

modifications made by or on behalf of the Government; 

or

(ii) the replacement cost; and

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

Government of providing the services.
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130

SPECIFICITY OF NATIONAL INTELLIGENCE PROGRAM BUDGET 

AMOUNTS FOR COUNTERTERRORISM, COUNTERPROLIFERATION,

COUNTERNARCOTICS, AND COUNTERINTELLIGENCE

SEC. 506. [50 U.S.C. § 3096]

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

support of the budget of the President for a fiscal year that is submitted to 

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

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

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 unclassified form or 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. § 3097]

(a) INDEPENDENT COST ESTIMATES.—

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

head of each element of the intelligence community concerned, prepare 

an independent cost estimate of the full life-cycle cost of development, 

procurement, and operation of each major system to be acquired by the 

intelligence community.

(2)(A) Each independent cost estimate for a major system shall, to the 

maximum extent practicable, specify the amount required to be 

appropriated and obligated to develop, procure, and operate the major 

system in each fiscal year of the proposed period of development, 

procurement, and operation of the major system.

(B) For major system acquisitions requiring a service or 

capability from another acquisition or program to deliver the 

end-to-end functionality for the intelligence community end 

users, independent cost estimates shall include, to the maximum 

extent practicable, all estimated costs across all pertinent 

elements of the intelligence community. For collection 

programs, such cost estimates shall include the cost of new 

analyst training, new hardware and software for data exploitation 

and analysis, and any unique or additional costs for data 
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131

processing, storing, and power, space, and cooling across the life 

cycle of the program. If such costs for processing, exploitation, 

dissemination, and storage are scheduled to be executed in other 

elements of the intelligence community, the independent cost 

estimate shall identify and annotate such costs for such other 

elements accordingly.

(3)(A) In the case of a program of the intelligence community that 

qualifies as a major system, an independent cost estimate shall be 

prepared before the submission to Congress of the budget of the 

President for the first fiscal year in which appropriated funds are 

anticipated to be obligated for the development or procurement of such 

major system.

(B) In the case of a program of the intelligence community for 

which an independent cost estimate was not previously required 

to be prepared under this section, including a program for which 

development or procurement commenced before the date of the 

enactment of the Intelligence Authorization Act for Fiscal Year 

2004, if the aggregate future costs of development or 

procurement (or any combination of such activities) of the 

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

dollars), the program shall qualify as a major system for 

purposes of this section, and an independent cost estimate for 

such major system shall be prepared before the submission to 

Congress of the budget of the President for the first fiscal year 

thereafter in which appropriated funds are anticipated to be 

obligated for such major system.

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

upon—

(A) the completion of any preliminary design review associated 

with the major system;

(B) any significant modification to the anticipated design of the 

major system; or

(C) any change in circumstances that renders the current 

independent cost estimate for the major system inaccurate.

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

paragraph (4) shall meet all requirements for independent cost estimates 

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

cost estimate for the major system until further updated under that 

paragraph.

(b) PREPARATION OF INDEPENDENT COST ESTIMATES.—

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

National Intelligence for Community Management an office which shall 
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132

be responsible for preparing independent cost estimates, and any updates 

thereof, under subsection (a), unless a designation is made under 

paragraph (2).

(2) In the case of the acquisition of a major system for an element of the 

intelligence community within the Department of Defense, the Director 

and the Secretary of Defense shall provide that the independent cost 

estimate, and any updates thereof, under subsection (a) of this section be 

prepared by an entity jointly designated by the Director and the Secretary 

in accordance with section 2434(b)(1)(A) of title 10, United States Code.

(c) UTILIZATION IN BUDGETS OF PRESIDENT.—

(1) If the budget of the President requests appropriations for any fiscal 

year for the development or procurement of a major system by the 

intelligence community, the President shall, subject to paragraph (2), 

request in such budget an amount of appropriations for the development 

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

equivalent to the amount of appropriations identified in the most current 

independent cost estimate for the major system for obligation for each 

fiscal year for which appropriations are requested for the major system in 

such budget.

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

President for the development or procurement of a major system is less 

than the amount of appropriations identified in the most current 

independent cost estimate for the major system for obligation for each 

fiscal year for which appropriations are requested for the major system in 

such budget, the President shall include in the budget justification 

materials submitted to Congress in support of such budget—

(A) an explanation for the difference between the amount of 

appropriations requested and the amount of appropriations 

identified in the most current independent cost estimate;

(B) a description of the importance of the major system to the 

national security;

(C) an assessment of the consequences for the funding of all 

programs of the National Intelligence Program in future fiscal 

years if the most current independent cost estimate for the major 

system is accurate and additional appropriations are required in 

future fiscal years to ensure the continued development or 

procurement of the major system, including the consequences of 

such funding shortfalls on the major system and all other 

programs of the National Intelligence Program; and

(D) such other information on the funding of the major system as 

the President considers appropriate.
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133

(d) INCLUSION OF ESTIMATES IN BUDGET JUSTIFICATION MATERIALS.—The 

budget justification materials submitted to Congress in support of the budget of 

the President shall include the most current independent cost estimate under this 

section for each major system for which appropriations are requested in such 

budget for any fiscal year.

(e) DEFINITIONS.—In this section:

(1) The term “budget of the President” means the budget of the President 

for a fiscal year as submitted to Congress under section 1105(a) of title 

31, United States Code.

(2)(A) The term “independent cost estimate” means a pragmatic and 

neutral analysis, assessment, and quantification of all costs and risks 

associated with the development, acquisition, procurement, operation, 

and sustainment of a major system across its proposed life cycle, which 

shall be based on programmatic and technical specifications provided by 

the office within the element of the intelligence community with primary 

responsibility for the development, procurement, or operation of the 

major system.

(B) In accordance with subsection (a)(2)(B), each independent

cost estimate shall include all costs required across elements of 

the intelligence community to develop, acquire, procure, operate, 

and sustain the system to provide the end-to-end intelligence 

functionality of the system, including—

(i) for collection programs, the cost of new analyst

training, new hardware and software for data 

exploitation and analysis, and any unique or additional 

costs for data processing, storing, and power, space, and 

cooling across the life cycle of the program; and

(ii) costs for processing, exploitation, dissemination,

and storage scheduled to be executed in other elements

of the intelligence community.

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

element of the intelligence community with projected total development 

and procurement costs exceeding $500,000,000 (based on fiscal year 

2010 constant dollars), which costs shall include all end-to-end program 

costs, including costs associated with the development and procurement 

of the program and any other costs associated with the development and 

procurement of systems required to support or utilize the program.
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134

ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE 

COMMUNITY

SEC. 506B. [50 U.S.C. § 3098] 

(a) REQUIREMENT TO PROVIDE.— The Director of National Intelligence shall, in 

consultation with the head of each element of the intelligence community, 

prepare an annual personnel level assessment for such element that assesses the 

personnel levels for such element for the fiscal year following the fiscal year in 

which the assessment is submitted.

(b) SCHEDULE.—Each assessment required by subsection (a) shall be submitted 

to the congressional intelligence committees each year at the time that the 

President submits to Congress the budget for a fiscal year pursuant to section 

1105 of title 31, United States Code.

(c) CONTENTS.—Each assessment required by subsection (a) submitted during a 

fiscal year shall contain the following information for the element of the 

intelligence community concerned:

(1) The budget submission for personnel costs for the upcoming fiscal 

year.

(2) The dollar and percentage increase or decrease of such costs as 

compared to the personnel costs of the current fiscal year.

(3) The dollar and percentage increase or decrease of such costs as 

compared to the personnel costs during the prior 5 fiscal years.

(4) The number of full-time equivalent positions that is the basis for 

which personnel funds are requested for the upcoming fiscal year.

(5) The numerical and percentage increase or decrease of the number 

referred to in paragraph (4) as compared to the number of full-time 

equivalent positions of the current fiscal year.

(6) The numerical and percentage increase or decrease of the number 

referred to in paragraph (4) as compared to the number of full-time 

equivalent positions during the prior 5 fiscal years.

(7) The best estimate of the number and costs of core contract personnel 

to be funded by the element for the upcoming fiscal year.

(8) The numerical and percentage increase or decrease of such costs of 

core contract personnel as compared to the best estimate of the costs of 

core contract personnel of the current fiscal year.

(9) The numerical and percentage increase or decrease of such number 

and such costs of core contract personnel as compared to the number and 

cost of core contract personnel during the prior 5 fiscal years.

(10) A justification for the requested personnel and core contract 

personnel levels.

(11) The best estimate of the number of intelligence collectors and 

analysts employed by each element of the intelligence community.
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(12) The best estimate of the number of intelligence collectors and 

analysts contracted by each element of the intelligence community and a 

description of the functions performed by such contractors.

(13) A statement by the Director of National Intelligence that, based on 

current and projected funding, the element concerned will have 

sufficient—

(A) internal infrastructure to support the requested personnel and 

core contract personnel levels;

(B) training resources to support the requested personnel levels; 

and

(C) funding to support the administrative and operational 

activities of the requested personnel levels.

VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS

SEC. 506C. [50 U.S.C. § 3099]

(a) INITIAL VULNERABILITY ASSESSMENTS.—

(1)(A) Except as provided in subparagraph (B), the Director of National 

Intelligence shall conduct and submit to the congressional intelligence 

committees an initial vulnerability assessment for each major system and 

its significant items of supply—

(i) except as provided in clause (ii), prior to the

completion of Milestone B or an equivalent acquisition 

decision for the major system; or

(ii) prior to the date that is 1 year after the date of the 

enactment of the Intelligence Authorization Act for 

Fiscal Year 2010, in the case of a major system for 

which Milestone B or an equivalent acquisition 

decision—

(I) was completed prior to such date of enactment; or

(II) is completed on a date during the 180-day period 

following such date of enactment.

(B) The Director may submit to the congressional intelligence 

committees an initial vulnerability assessment required by clause 

(ii) of subparagraph (A) not later than 180 days after the date 

such assessment is required to be submitted under such clause if 

the Director notifies the congressional intelligence committees of 

the extension of the submission date under this subparagraph and 

provides a justification for such extension.

(C) The initial vulnerability assessment of a major system and its 

significant items of supply shall include use of an analysis-based 

approach to—
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(i) identify vulnerabilities;

(ii) define exploitation potential;

(iii) examine the system’s potential effectiveness;

(iv) determine overall vulnerability; and

(v) make recommendations for risk reduction.

(2) If an initial vulnerability assessment for a major system is not 

submitted to the congressional intelligence committees as required by 

paragraph (1), funds appropriated for the acquisition of the major system 

may not be obligated for a major contract related to the major system. 

Such prohibition on the obligation of funds for the acquisition of the 

major system shall cease to apply on the date on which the congressional 

intelligence committees receive the initial vulnerability assessment.

(b) SUBSEQUENT VULNERABILITY ASSESSMENTS.—

(1) The Director of National Intelligence shall, periodically throughout 

the procurement of a major system or if the Director determines that a 

change in circumstances warrants the issuance of a subsequent 

vulnerability assessment, conduct a subsequent vulnerability assessment 

of each major system and its significant items of supply within the 

National Intelligence Program.

(2) Upon the request of a congressional intelligence committee, the 

Director of National Intelligence may, if appropriate, recertify the

previous vulnerability assessment or may conduct a subsequent

vulnerability assessment of a particular major system and its significant 

items of supply within the National Intelligence Program.

(3) Any subsequent vulnerability assessment of a major system and its 

significant items of supply shall include use of an analysis-based

approach and, if applicable, a testing-based approach, to monitor the

exploitation potential of such system and reexamine the factors described 

in clauses (i) through (v) of subsection (a)(1)(C).

(c) MAJOR SYSTEM MANAGEMENT.—The Director of National Intelligence shall 

give due consideration to the vulnerability assessments prepared for a given 

major system when developing and determining the National Intelligence 

Program budget.

(d) CONGRESSIONAL OVERSIGHT.—

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

congressional intelligence committees a copy of each vulnerability 

assessment conducted under subsection (a) or (b) not later than 10 days 

after the date of the completion of such assessment.

(2) The Director of National Intelligence shall provide the congressional 

intelligence committees with a proposed schedule for subsequent 

periodic vulnerability assessments of a major system under subsection 

(b)(1) when providing such committees with the initial vulnerability 
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assessment under subsection (a) of such system as required by paragraph 

(1).

(e) DEFINITIONS.—In this section:

(1) The term “item of supply” has the meaning given that term in section 

4(10) of the Office of Federal Procurement Policy Act (41 U.S.C.

403(10)).

(2) The term “major contract” means each of the 6 largest prime, 

associate, or Government-furnished equipment contracts under a major 

system that is in excess of $40,000,000 and that is not a firm, fixed price 

contract.

(3) The term “major system” has the meaning given that term in section

506A(e).

(4) The term “Milestone B” means a decision to enter into major system 

development and demonstration pursuant to guidance prescribed by the 

Director of National Intelligence.

(5) The term “vulnerability assessment” means the process of identifying 

and quantifying vulnerabilities in a major system and its significant items 

of supply.

INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION

SEC. 506D. [50 U.S.C. § 3100]

(a) LIMITATION ON OBLIGATION OF FUNDS.—

(1) Subject to paragraph (3), no funds appropriated to any element of the 

intelligence community may be obligated for an intelligence community 

business system transformation that will have a total cost in excess of 

$3,000,000 unless—

(A) the Director of the Office of Business Transformation of the 

Office of the Director of National Intelligence makes a

certification described in paragraph (2) with respect to such 

intelligence community business system transformation; and

(B) such certification is approved by the board established under 

subsection (f).

(2) The certification described in this paragraph for an intelligence 

community business system transformation is a certification made by the 

Director of the Office of Business Transformation of the Office of the 

Director of National Intelligence that the intelligence community 

business system transformation—

(A) complies with the enterprise architecture under subsection 

(b) and such other policies and standards that the Director of 

National Intelligence considers appropriate; or

(B) is necessary—
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(i) to achieve a critical national security capability or 

address a critical requirement; or

(ii) to prevent a significant adverse effect on a project 

that is needed to achieve an essential capability, taking 

into consideration any alternative solutions for 

preventing such adverse effect.

(3) With respect to a fiscal year after fiscal year 2010, the amount 

referred to in paragraph (1) in the matter preceding subparagraph 

(A) shall be equal to the sum of—

(A) the amount in effect under such paragraph (1) for the

preceding fiscal year (determined after application of this 

paragraph), plus

(B) such amount multiplied by the annual percentage increase in 

the consumer price index (all items; U.S. city average) as of 

September of the previous fiscal year.

(b) ENTERPRISE ARCHITECTURE FOR INTELLIGENCE COMMUNITY BUSINESS 

SYSTEMS.—

(1) The Director of National Intelligence shall, acting through the board 

established under subsection (f), develop and implement an enterprise 

architecture to cover all intelligence community business systems, and 

the functions and activities supported by such business systems. The 

enterprise architecture shall be sufficiently defined to effectively guide, 

constrain, and permit implementation of interoperable intelligence 

community business system solutions, consistent with applicable policies 

and procedures established by the Director of the Office of Management 

and Budget.

(2) The enterprise architecture under paragraph (1) shall include the 

following:

(A) An information infrastructure that will enable the

intelligence community to—

(i) comply with all Federal accounting, financial

management, and reporting requirements;

(ii) routinely produce timely, accurate, and reliable 

financial information for management purposes;

(iii) integrate budget, accounting, and program

information and systems; and

(iv) provide for the measurement of performance, 

including the ability to produce timely, relevant, and 

reliable cost information.

(B) Policies, procedures, data standards, and system interface 

requirements that apply uniformly throughout the intelligence 

community.
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(c) RESPONSIBILITIES FOR INTELLIGENCE COMMUNITY BUSINESS SYSTEM 

TRANSFORMATION.—The Director of National Intelligence shall be responsible 

for the entire life cycle of an intelligence community business system 

transformation, including review, approval, and oversight of the planning, design, 

acquisition, deployment, operation, and maintenance of the business system 

transformation.

(d) INTELLIGENCE COMMUNITY BUSINESS SYSTEM INVESTMENT REVIEW.—

(1) The Director of the Office of Business Transformation of the Office 

of the Director of National Intelligence shall establish and implement, 

not later than 60 days after the enactment of the Intelligence 

Authorization Act for Fiscal Year 2010, an investment review process 

for the intelligence community business systems for which the Director 

of the Office of Business Transformation is responsible.

(2) The investment review process under paragraph (1) shall—

(A) meet the requirements of section 11312 of title 40, United 

States Code; and

(B) specifically set forth the responsibilities of the 

Director of the Office of Business Transformation under such 

review process.

(3) The investment review process under paragraph (1) shall include the 

following elements:

(A) Review and approval by an investment review board 

(consisting of appropriate representatives of the intelligence 

community) of each intelligence community business system as 

an investment before the obligation of funds for such system.

(B) Periodic review, but not less often than annually, of every 

intelligence community business system investment.

(C) Thresholds for levels of review to ensure appropriate review 

of intelligence community business system investments

depending on the scope, complexity, and cost of the system

involved.

(D) Procedures for making certifications in accordance with the 

requirements of subsection (a)(2).

[(e) Repealed.]

(f) INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION 

GOVERNANCE BOARD.—

(1) The Director of National Intelligence shall establish a board within 

the intelligence community business system transformation governance 

structure (in this subsection referred to as the “Board”).

(2) The Board shall—

(A) recommend to the Director policies and procedures

necessary to effectively integrate all business activities and any 
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transformation, reform, reorganization, or process improvement 

initiatives undertaken within the intelligence community;

(B) review and approve any major update of—

(i) the enterprise architecture developed under

subsection (b); and

(ii) any plans for an intelligence community business 

systems modernization;

(C) manage cross-domain integration consistent with such

enterprise architecture;

(D) coordinate initiatives for intelligence community business 

system transformation to maximize benefits and minimize costs 

for the intelligence community, and periodically report to the 

Director on the status of efforts to carry out an intelligence 

community business system transformation;

(E) ensure that funds are obligated for intelligence community 

business system transformation in a manner consistent with 

subsection (a); and

(F) carry out such other duties as the Director shall specify.

(g) RELATION TO ANNUAL REGISTRATION REQUIREMENTS.—Nothing in this 

section shall be construed to alter the requirements of section 8083 of the 

Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 

989), with regard to information technology systems (as defined in subsection (d) 

of such section).

(h) RELATIONSHIP TO DEFENSE BUSINESS ENTERPRISE ARCHITECTURE.—

Nothing in this section shall be construed to exempt funds authorized to be 

appropriated to the Department of Defense from the requirements of section 2222 

of title 10, United States Code, to the extent that such requirements are otherwise 

applicable.

(i) RELATION TO CLINGER-COHEN ACT.—

(1) Executive agency responsibilities in chapter 113 of title 40, United 

States Code, for any intelligence community business system 

transformation shall be exercised jointly by—

(A) the Director of National Intelligence and the Chief 

Information Officer of the Intelligence Community; and

(B) the head of the executive agency that contains the element of 

the intelligence community involved and the chief information 

officer of that executive agency.

(2) The Director of National Intelligence and the head of the executive 

agency referred to in paragraph (1)(B) shall enter into a Memorandum of 

Understanding to carry out the requirements of this section in a manner 

that best meets the needs of the intelligence community and the 

executive agency.
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(j) REPORTS.—Not later than March 31 of each of the years 2011 through 2014, 

the Director of National Intelligence shall submit to the congressional

intelligence committees a report on the compliance of the intelligence community 

with the requirements of this section. Each such report shall—

(1) describe actions taken and proposed for meeting the requirements of 

subsection (a), including—

(A) specific milestones and actual performance against specified 

performance measures, and any revision of such milestones and 

performance measures; and

(B) specific actions on the intelligence community business 

system transformations submitted for certification under such 

subsection;

(2) identify the number of intelligence community business system 

transformations that received a certification described in subsection 

(a)(2); and

(3) describe specific improvements in business operations and cost 

savings resulting from successful intelligence community business 

systems transformation efforts.

(k) DEFINITIONS.—In this section:

(1) The term “enterprise architecture” has the meaning given that term in 

section 3601(4) of title 44, United States Code.

(2) The terms “information system” and “information technology” have 

the meanings given those terms in section 11101 of title 40, United 

States Code.

(3) The term “intelligence community business system” means an 

information system, including a national security system, that is operated 

by, for, or on behalf of an element of the intelligence community, 

including a financial system, mixed system, financial data feeder system, 

and the business infrastructure capabilities shared by the systems of the 

business enterprise architecture, including people, process, and 

technology, that build upon the core infrastructure used to support 

business activities, such as acquisition, financial management, logistics, 

strategic planning and budgeting, installations and environment, and 

human resource management.

(4) The term “intelligence community business system transformation”

means—

(A) the acquisition or development of a new intelligence 

community business system; or

(B) any significant modification or enhancement of an existing 

intelligence community business system (other than necessary to 

maintain current services).
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(5) The term “national security system” has the meaning given that term 

in section 3542 of title 44, United States Code.

(6) The term “Office of Business Transformation of the Office of the 

Director of National Intelligence” includes any successor office that 

assumes the functions of the Office of Business Transformation of the 

Office of the Director of National Intelligence as carried out by the 

Office of Business Transformation on the date of the enactment of the 

Intelligence Authorization Act for Fiscal Year 2010.

REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS

SEC. 506E. [50 U.S.C. § 3101]

(a) DEFINITIONS.—In this section:

(1) The term “cost estimate”—

(A) means an assessment and quantification of all costs and risks 

associated with the acquisition of a major system based upon 

reasonably available information at the time the Director 

establishes the 2010 adjusted total acquisition cost for such 

system pursuant to subsection (h) or restructures such system 

pursuant to section 506F(c); and

(B) does not mean an “independent cost estimate”.

(2) The term “critical cost growth threshold” means a percentage 

increase in the total acquisition cost for a major system of at least 25 

percent over the total acquisition cost for the major system as shown in 

the current Baseline Estimate for the major system.

(3)(A) The term “current Baseline Estimate” means the projected total 

acquisition cost of a major system that is—

(i) approved by the Director, or a designee of the 

Director, at Milestone B or an equivalent acquisition 

decision for the development, procurement, and 

construction of such system;

(ii) approved by the Director at the time such system is 

restructured pursuant to section 506F(c); or

(iii) the 2010 adjusted total acquisition cost determined 

pursuant to subsection (h).

(B) A current Baseline Estimate may be in the form of an 

independent cost estimate.

(4) Except as otherwise specifically provided, the term “Director” means 

the Director of National Intelligence.

(5) The term “independent cost estimate” has the meaning given that 

term in section 506A(e).
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(6) The term “major contract” means each of the 6 largest prime, 

associate, or Government-furnished equipment contracts under a major 

system that is in excess of $40,000,000 and that is not a firm, fixed price 

contract.

(7) The term “major system” has the meaning given that term in section 

506A(e).

(8) The term “Milestone B” means a decision to enter into major system 

development and demonstration pursuant to guidance prescribed by the 

Director.

(9) The term “program manager” means—

(A) the head of the element of the intelligence community that is 

responsible for the budget, cost, schedule, and performance of a 

major system; or

(B) in the case of a major system within the Office of the 

Director of National Intelligence, the deputy who is responsible 

for the budget, cost, schedule, and performance of the major 

system.

(10) The term “significant cost growth threshold” means the percentage 

increase in the total acquisition cost for a major system of at least 15 

percent over the total acquisition cost for such system as shown in the 

current Baseline Estimate for such system.

(11) The term “total acquisition cost” means the amount equal to the total 

cost for development and procurement of, and system-specific 

construction for, a major system.

(b) MAJOR SYSTEM COST REPORTS.—

(1) The program manager for a major system shall, on a quarterly basis, 

submit to the Director a major system cost report as described in 

paragraph (2).

(2) A major system cost report shall include the following information 

(as of the last day of the quarter for which the report is made):

(A) The total acquisition cost for the major system.

(B) Any cost variance or schedule variance in a major contract 

for the major system since the contract was entered into.

(C) Any changes from a major system schedule milestones or 

performances that are known, expected, or anticipated by the 

program manager.

(D) Any significant changes in the total acquisition cost for 

development and procurement of any software component of the 

major system, schedule milestones for such software component 

of the major system, or expected performance of such software 

component of the major system that are known, expected, or 

anticipated by the program manager.
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(3) Each major system cost report required by paragraph (1) shall be 

submitted not more than 30 days after the end of the reporting quarter.

(c) REPORTS FOR BREACH OF SIGNIFICANT OR CRITICAL COST GROWTH 

THRESHOLDS.—If the program manager of a major system for which a report 

has previously been submitted under subsection (b) determines at any time 

during a quarter that there is reasonable cause to believe that the total acquisition 

cost for the major system has increased by a percentage equal to or greater than 

the significant cost growth threshold or critical cost growth threshold and if a 

report indicating an increase of such percentage or more has not previously been 

submitted to the Director, then the program manager shall immediately submit to 

the Director a major system cost report containing the information, determined as 

of the date of the report, required under subsection (b).

(d) NOTIFICATION TO CONGRESS OF COST GROWTH.—

(1) Whenever a major system cost report is submitted to the Director, the 

Director shall determine whether the current acquisition cost for the 

major system has increased by a percentage equal to or greater than the 

significant cost growth threshold or the critical cost growth threshold.

(2) If the Director determines that the current total acquisition cost has 

increased by a percentage equal to or greater than the significant cost 

growth threshold or critical cost growth threshold, the Director shall 

submit to Congress a Major System Congressional Report pursuant to 

subsection (e).

(e) REQUIREMENT FOR MAJOR SYSTEM CONGRESSIONAL REPORT.—

(1) Whenever the Director determines under subsection (d) that the total 

acquisition cost of a major system has increased by a percentage equal to 

or greater than the significant cost growth threshold for the major system, 

a Major System Congressional Report shall be submitted to Congress not 

later than 45 days after the date on which the Director receives the major 

system cost report for such major system.

(2) If the total acquisition cost of a major system (as determined by the 

Director under subsection (d)) increases by a percentage equal to or 

greater than the critical cost growth threshold for the program or

subprogram, the Director shall take actions consistent with the

requirements of section 506F.

(f) MAJOR SYSTEM CONGRESSIONAL REPORT ELEMENTS.—

(1) Except as provided in paragraph (2), each Major System

Congressional Report shall include the following:

(A) The name of the major system.

(B) The date of the preparation of the report.

(C) The program phase of the major system as of the date of the 

preparation of the report.
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(D) The estimate of the total acquisition cost for the major 

system expressed in constant base-year dollars and in current 

dollars.

(E) The current Baseline Estimate for the major system in

constant base-year dollars and in current dollars.

(F) A statement of the reasons for any increase in total

acquisition cost for the major system.

(G) The completion status of the major system—

(i) expressed as the percentage that the number of years 

for which funds have been appropriated for the major 

system is of the number of years for which it is planned 

that funds will be appropriated for the major system; and

(ii) expressed as the percentage that the amount of funds 

that have been appropriated for the major system is of

the total amount of funds which it is planned will be 

appropriated for the major system.

(H) The fiscal year in which the major system was first

authorized and in which funds for such system were first

appropriated by Congress.

(I) The current change and the total change, in dollars and 

expressed as a percentage, in the total acquisition cost for the 

major system, stated both in constant base-year dollars and in 

current dollars.

(J) The quantity of end items to be acquired under the major 

system and the current change and total change, if any, in that 

quantity.

(K) The identities of the officers responsible for management 

and cost control of the major system.

(L) The action taken and proposed to be taken to control future 

cost growth of the major system.

(M) Any changes made in the performance or schedule

milestones of the major system and the extent to which such 

changes have contributed to the increase in total acquisition cost 

for the major system.

(N) The following contract performance assessment information 

with respect to each major contract under the major system:

(i) The name of the contractor.

(ii) The phase that the contract is in at the time of the 

preparation of the report.

(iii) The percentage of work under the contract that has 

been completed.
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146

(iv) Any current change and the total change, in dollars 

and expressed as a percentage, in the contract cost.

(v) The percentage by which the contract is currently 

ahead of or behind schedule.

(vi) A narrative providing a summary explanation of the 

most significant occurrences, including cost and

schedule variances under major contracts of the major

system, contributing to the changes identified and a 

discussion of the effect these occurrences will have on

the future costs and schedule of the major system.

(O) In any case in which one or more problems with a software 

component of the major system significantly contributed to the 

increase in costs of the major system, the action taken and 

proposed to be taken to solve such problems.

(2) A Major System Congressional Report prepared for a major system 

for which the increase in the total acquisition cost is due to termination 

or cancellation of the entire major system shall include only—

(A) the information described in subparagraphs (A) through 

(F) of paragraph (1); and

(B) the total percentage change in total acquisition cost for such 

system.

(g) PROHIBITION ON OBLIGATION OF FUNDS.—If a determination of an increase 

by a percentage equal to or greater than the significant cost growth threshold is 

made by the Director under subsection (d) and a Major System Congressional 

Report containing the information described in subsection (f) is not submitted to 

Congress under subsection (e)(1), or if a determination of an increase by a 

percentage equal to or greater than the critical cost growth threshold is made by 

the Director under subsection (d) and the Major System Congressional Report 

containing the information described in subsection (f) and section 506F(b)(3) and 

the certification required by section 506F(b)(2) are not submitted to Congress 

under subsection (e)(2), funds appropriated for construction, research,

development, test, evaluation, and procurement may not be obligated for a major 

contract under the major system. The prohibition on the obligation of funds for a 

major system shall cease to apply at the end of the 45-day period that begins on 

the date—

(1) on which Congress receives the Major System Congressional Report 

under subsection (e)(1) with respect to that major system, in the case of a 

determination of an increase by a percentage equal to or greater than the 

significant cost growth threshold (as determined in subsection (d)); or

(2) on which Congress receives both the Major System Congressional 

Report under subsection (e)(2) and the certification of the Director under 

section 506F(b)(2) with respect to that major system, in the case of an 
NATIONAL SECURITY ACT OF 1947

147

increase by a percentage equal to or greater than the critical cost growth 

threshold (as determined under subsection (d)).

(h) TREATMENT OF COST INCREASES PRIOR TO ENACTMENT OF INTELLIGENCE 

AUTHORIZATION ACT FOR FISCAL YEAR 2010.—

(1) Not later than 180 days after the date of the enactment of the 

Intelligence Authorization Act for Fiscal Year 2010, the Director—

(A) shall, for each major system, determine if the total 

acquisition cost of such major system increased by a percentage 

equal to or greater than the significant cost growth threshold or 

the critical cost growth threshold prior to such date; 

(B) shall establish for each major system for which the total 

acquisition cost has increased by a percentage equal to or greater 

than the significant cost growth threshold or the critical cost 

growth threshold prior to such date a revised current Baseline 

Estimate based upon an updated cost estimate;

(C) may, for a major system not described in subparagraph (B), 

establish a revised current Baseline Estimate based upon an 

updated cost estimate; and

(D) shall submit to Congress a report describing—

(i) each determination made under subparagraph (A);

(ii) each revised current Baseline Estimate established 

for a major system under subparagraph (B); and

(iii) each revised current Baseline Estimate established 

for a major system under subparagraph (C), including 

the percentage increase of the total acquisition cost of 

such major system that occurred prior to the date of the 

enactment of the Intelligence Authorization Act for 

Fiscal Year 2010. 

(2) The revised current Baseline Estimate established for a major system 

under subparagraph (B) or (C) of paragraph (1) shall be the 2010 

adjusted total acquisition cost for the major system and may include the 

estimated cost of conducting any vulnerability assessments for such 

major system required under section 506C.

(i) REQUIREMENTS TO USE BASE YEAR DOLLARS.—Any determination of a 

percentage increase under this section shall be stated in terms of constant base 

year dollars.

(j) FORM OF REPORT.—Any report required to be submitted under this section 

may be submitted in a classified form.
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CRITICAL COST GROWTH IN MAJOR SYSTEMS

SEC. 506F. [50 U.S.C. § 3102]

(a) REASSESSMENT OF MAJOR SYSTEM.—If the Director of National Intelligence 

determines under section 506E(d) that the total acquisition cost of a major system 

has increased by a percentage equal to or greater than the critical cost growth 

threshold for the major system, the Director shall—

(1) determine the root cause or causes of the critical cost growth, in 

accordance with applicable statutory requirements, policies, procedures,

and guidance; and

(2) carry out an assessment of—

(A) the projected cost of completing the major system if current 

requirements are not modified;

(B) the projected cost of completing the major system based on 

reasonable modification of such requirements;

(C) the rough order of magnitude of the costs of any reasonable 

alternative system or capability; and

(D) the need to reduce funding for other systems due to the 

growth in cost of the major system.

(b) PRESUMPTION OF TERMINATION.—

(1) After conducting the reassessment required by subsection (a) with 

respect to a major system, the Director shall terminate the major system 

unless the Director submits to Congress a Major System Congressional 

Report containing a certification in accordance with paragraph (2) and 

the information described in paragraph (3). The Director shall submit 

such Major System Congressional Report and certification not later than 

90 days after the date the Director receives the relevant major system 

cost report under subsection (b) or (c) of section 506E.

(2) A certification described by this paragraph with respect to a major 

system is a written certification that—

(A) the continuation of the major system is essential to the 

national security;

(B) there are no alternatives to the major system that will provide 

acceptable capability to meet the intelligence requirement at less 

cost;

(C) the new estimates of the total acquisition cost have been 

determined by the Director to be reasonable;

(D) the major system is a higher priority than other systems 

whose funding must be reduced to accommodate the growth in 

cost of the major system; and

(E) the management structure for the major system is adequate to 

manage and control the total acquisition cost.
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(3) A Major System Congressional Report accompanying a written 

certification under paragraph (2) shall include, in addition to the 

requirements of section 506E(e), the root cause analysis and assessment 

carried out pursuant to subsection (a), the basis for each determination 

made in accordance with subparagraphs (A) through (E) of paragraph 

(2), and a description of all funding changes made as a result of the 

growth in the cost of the major system, including reductions made in 

funding for other systems to accommodate such cost growth, together 

with supporting documentation.

(c) ACTIONS IF MAJOR SYSTEM NOT TERMINATED.—If the Director elects not to 

terminate a major system pursuant to subsection (b), the Director shall—

(1) restructure the major system in a manner that addresses the root cause 

or causes of the critical cost growth, as identified pursuant to subsection 

(a), and ensures that the system has an appropriate management structure 

as set forth in the certification submitted pursuant to subsection 

(b)(2)(E);

(2) rescind the most recent Milestone approval for the major system;

(3) require a new Milestone approval for the major system before taking 

any action to enter a new contract, exercise an option under an existing 

contract, or otherwise extend the scope of an existing contract under the 

system, except to the extent determined necessary by the Milestone 

Decision Authority, on a nondelegable basis, to ensure that the system 

may be restructured as intended by the Director without unnecessarily 

wasting resources;

(4) establish a revised current Baseline Estimate for the major system 

based upon an updated cost estimate; and

(5) conduct regular reviews of the major system.

(d) ACTIONS IF MAJOR SYSTEM TERMINATED.—If a major system is terminated 

pursuant to subsection (b), the Director shall submit to Congress a written report 

setting forth—

(1) an explanation of the reasons for terminating the major system;

(2) the alternatives considered to address any problems in the major 

system; and

(3) the course the Director plans to pursue to meet any intelligence 

requirements otherwise intended to be met by the major system.

(e) FORM OF REPORT.—Any report or certification required to be submitted 

under this section may be submitted in a classified form.

(f) WAIVER.—

(1) The Director may waive the requirements of subsections (d)(2), (e), 

and (g) of section 506E and subsections (a)(2), (b), (c), and (d) of this 

section with respect to a major system if the Director determines that at 
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least 90 percent of the amount of the current Baseline Estimate for the 

major system has been expended.

(2)(A) If the Director grants a waiver under paragraph (1) with respect to 

a major system, the Director shall submit to the congressional 

intelligence committees written notice of the waiver that includes—

(i) the information described in section 506E(f); and

(ii) if the current total acquisition cost of the major

system has increased by a percentage equal to or greater 

than the critical cost growth threshold—

(I) a determination of the root cause or causes of

the critical cost growth, as described in subsection 

(a)(1); and

(II) a certification that includes the elements 

described in subparagraphs (A), (B), and (E) of 

subsection (b)(2).

(B) The Director shall submit the written notice required by 

subparagraph (A) not later than 90 days after the date that the 

Director receives a major system cost report under subsection (b) 

or (c) of section 506E that indicates that the total acquisition cost 

for the major system has increased by a percentage equal to or 

greater than the significant cost growth threshold or critical cost 

growth threshold.

(g) DEFINITIONS.—In this section, the terms “cost estimate”, “critical cost growth 

threshold”, “current Baseline Estimate”, “major system”, and “total acquisition 

cost” have the meaning given those terms in section 506E(a).

FUTURE BUDGET PROJECTIONS

SEC. 506G. [50 U.S.C. § 3103]

(a) FUTURE YEAR INTELLIGENCE PLANS.—

(1) The Director of National Intelligence, with the concurrence of the 

Director of the Office of Management and Budget, shall provide to the 

congressional intelligence committees a Future Year Intelligence Plan, as 

described in paragraph (2), for—

(A) each expenditure center in the National Intelligence 

Program; and

(B) each major system in the National Intelligence Program.

(2)(A) A Future Year Intelligence Plan submitted under this subsection 

shall include the year-by-year proposed funding for each center or 

system referred to in subparagraph (A) or (B) of paragraph (1), for the 

budget year for which the Plan is submitted and not less than the 4 

subsequent fiscal years.
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(B) A Future Year Intelligence Plan submitted under 

subparagraph (B) of paragraph (1) for a major system shall 

include—

(i) the estimated total life-cycle cost of such major 

system; and

(ii) major milestones that have significant resource 

implications for such major system.

(b) LONG-TERM BUDGET PROJECTIONS.—

(1) The Director of National Intelligence, with the concurrence of the 

Director of the Office of Management and Budget, shall provide to the 

congressional intelligence committees a Long-term Budget Projection for 

each element of the intelligence community funded under the National 

Intelligence Program acquiring a major system that includes the budget 

for such element for the 5-year period that begins on the day after the 

end of the last fiscal year for which year-by-year proposed funding is 

included in a Future Year Intelligence Plan for such major system in 

accordance with subsection (a)(2)(A).

(2) A Long-term Budget Projection submitted under paragraph (1) shall 

include—

(A) projections for the appropriate element of the intelligence 

community for—

(i) pay and benefits of officers and employees of such 

element;

(ii) other operating and support costs and minor 

acquisitions of such element;

(iii) research and technology required by such element;

(iv) current and planned major system acquisitions for 

such element;

(v) any future major system acquisitions for such 

element; and

(vi) any additional funding projections that the Director 

of National Intelligence considers appropriate;

(B) a budget projection based on effective cost and schedule 

execution of current or planned major system acquisitions and 

application of Office of Management and Budget inflation 

estimates to future major system acquisitions;

(C) any additional assumptions and projections that the Director 

of National Intelligence considers appropriate; and

(D) a description of whether, and to what extent, the total 

projection for each year exceeds the level that would result from 

applying the most recent Office of Management and Budget 
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inflation estimate to the budget of that element of the intelligence 

community.

(c) SUBMISSION TO CONGRESS.—The Director of National Intelligence, with the 

concurrence of the Director of the Office of Management and Budget, shall 

submit to the congressional intelligence committees each Future Year 

Intelligence Plan or Long-term Budget Projection required under subsection (a) 

or (b) for a fiscal year at the time that the President submits to Congress the 

budget for such fiscal year pursuant [to] section 1105 of title 31, United States 

Code.

(d) MAJOR SYSTEM AFFORDABILITY REPORT.—

(1) The Director of National Intelligence, with the concurrence of the 

Director of the Office of Management and Budget, shall prepare a report 

on the acquisition of a major system funded under the National 

Intelligence Program before the time that the President submits to 

Congress the budget for the first fiscal year in which appropriated funds 

are anticipated to be obligated for the development or procurement of 

such major system.

(2) The report on such major system shall include an assessment of 

whether, and to what extent, such acquisition, if developed, procured, 

and operated, is projected to cause an increase in the most recent 

Future Year Intelligence Plan and Long-term Budget Projection 

submitted under this section for an element of the intelligence 

community.

(3) The Director of National Intelligence shall update the report 

whenever an independent cost estimate must be updated pursuant to

section 506A(a)(4).

(4) The Director of National Intelligence shall submit each report 

required by this subsection at the time that the President submits to 

Congress the budget for a fiscal year pursuant to section 1105 of title 

31, United States Code.

(e) DEFINITIONS.—In this section:

(1) BUDGET YEAR.—The term “budget year” means the next fiscal year 

for which the President is required to submit to Congress a budget 

pursuant to section 1105 of title 31, United States Code.

(2) INDEPENDENT COST ESTIMATE; MAJOR SYSTEM.—The terms 

“independent cost estimate” and “major system” have the meaning given 

those terms in section 506A(e).

REPORTS ON SECURITY CLEARANCES

SEC. 506H. [50 U.S.C. § 3104]

(a) REPORT ON SECURITY CLEARANCE DETERMINATIONS.—
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(1) Not later than February 1 of each year, the President shall submit to 

Congress a report on the security clearance process. Such report shall 

include, for each security clearance level—

(A) the number of employees of the United States Government 

who—

(i) held a security clearance at such level as of October 1 

of the preceding year; and

(ii) were approved for a security clearance at such level 

during the preceding fiscal year; and

(B) the number of contractors to the United States Government 

who—

(i) held a security clearance at such level as of October 1 

of the preceding year; and

(ii) were approved for a security clearance at such level 

during the preceding fiscal year.

(2) For purposes of paragraph (1), the President may consider—

(A) security clearances at the level of confidential and secret as 

one security clearance level; and

(B) security clearances at the level of top secret or higher as one 

security clearance level.

(b) INTELLIGENCE COMMUNITY REPORTS.—

(1)(A) Not later than March 1 of each year, the Director of National 

Intelligence shall submit a report to the congressional intelligence 

committees, the Committee on Homeland Security and Governmental 

Affairs of the Senate, the Committee on Homeland Security of the House 

of Representatives, and the Committee on Oversight and Reform of the

House of Representatives regarding the security clearances processed by 

each element of the intelligence community during the preceding fiscal 

year.

(B) The Director shall submit to the Committee on Armed 

Services of the Senate and the Committee on Armed Services of 

the House of Representatives such portions of the report 

submitted under subparagraph (A) as the Director determines 

address elements of the intelligence community that are within 

the Department of Defense.

(C) Each report submitted under this paragraph shall separately 

identify security clearances processed for Federal employees and 

contractor employees sponsored by each such element.

(2) Each report submitted under paragraph (1)(A) shall include, for each 

element of the intelligence community for the fiscal year covered by the 

report, the following:
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154

(A) The total number of initial security clearance background

investigations sponsored for new applicants.

(B) The total number of security clearance periodic 

reinvestigations sponsored for existing employees.

(C) The total number of initial security clearance background

investigations for new applicants that were adjudicated with 

notice of a determination provided to the prospective applicant, 

including—

(i) the total number of such adjudications that were 

adjudicated favorably and granted access to classified 

information; and

(ii) the total number of such adjudications that were 

adjudicated unfavorably and resulted in a denial or 

revocation of a security clearance.

(D) The total number of security clearance periodic background 

investigations that were adjudicated with notice of a 

determination provided to the existing employee, including—

(i) the total number of such adjudications that were 

adjudicated favorably; and

(ii) the total number of such adjudications that were 

adjudicated unfavorably and resulted in a denial or 

revocation of a security clearance.

(E) The total number of pending security clearance background

investigations, including initial applicant investigations and 

periodic reinvestigations, that were not adjudicated as of the last 

day of such year and that remained pending, categorized as 

follows:

(i) For 180 days or shorter.

(ii) For longer than 180 days, but shorter than 12 

months.

(iii) For 12 months or longer, but shorter than 18 

months.

(iv) For 18 months or longer, but shorter than 24 months.

(v) For 24 months or longer.

(F) For any security clearance determinations completed or 

pending during the year preceding the year for which the report 

is submitted that have taken longer than 12 months to 

complete—

(i) an explanation of the causes for the delays incurred 

during the period covered by the report; and

(ii) the number of such delays involving a polygraph 

requirement.
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155

(G) The percentage of security clearance investigations, 

including initial and periodic reinvestigations, that resulted in a 

denial or revocation of a security clearance.

(H) The percentage of security clearance investigations that 

resulted in incomplete information.

(I) The percentage of security clearance investigations that did 

not result in enough information to make a decision on 

potentially adverse information.

(3) The report required under this subsection shall be submitted in 

unclassified form, but may include a classified annex.

(c) FORM.—The reports required under subsections (a)(1) and (b) shall be 

submitted in unclassified form, but may include a classified annex.

SUMMARY OF INTELLIGENCE RELATING TO TERRORIST RECIDIVISM OF 

DETAINEES HELD AT UNITED STATES NAVAL STATION,

GUANTANAMO BAY, CUBA

SEC. 506I. [50 U.S.C. § 3105]

(a) IN GENERAL.—The Director of National Intelligence, in consultation with the 

Director of the Central Intelligence Agency and the Director of the Defense 

Intelligence Agency, shall make publicly available an unclassified summary of—

(1) intelligence relating to recidivism of detainees currently or formerly 

held at the Naval Detention Facility at Guantanamo Bay, Cuba, by the 

Department of Defense; and

(2) an assessment of the likelihood that such detainees will engage in 

terrorism or communicate with persons in terrorist organizations.

(b) UPDATES.—Not less frequently than annually, the Director of National 

Intelligence, in consultation with the Director of the Central Intelligence Agency 

and the Secretary of Defense, shall update and make publicly available an 

unclassified summary consisting of the information required by subsection (a) 

and the number of individuals formerly detained at Naval Station, Guantanamo 

Bay, Cuba, who are confirmed or suspected of returning to terrorist activities 

after release or transfer from such Naval Station.

DATES OF SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL REPORTS

TO THE CONGRESSIONAL INTELLIGENCE COMMITTEES

SEC. 507. [50 U.S.C. § 3106]

(a) ANNUAL REPORTS.—The date for the submittal to the congressional 

intelligence committees of the following annual reports shall be the date each 

year provided in subsection (c)(1):
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156

(1) The annual report of the Inspectors Generals of the intelligence 

community on proposed resources and activities of their offices required 

by section 8H(g) of the Inspector General Act of 1978.

(2) The annual report on certifications for immunity in interdiction of 

aircraft engaged in illicit drug trafficking required by section 1012(c)(2) 

of the National Defense Authorization Act for Fiscal Year 1995 (22 

U.S.C. 2291-4(c)(2).

(3) The annual report on activities under the David L. Boren National 

Security Education Act of 1991 (title VIII of Public Law 102–183; 50 

U.S.C. 1901 et seq.) required by section 806(a) of that Act (50 U.S.C.

1906(a)). 

(4) The annual report on hiring and retention of minority employees in 

the intelligence community required by section 114(a).

(5) The annual report on financial intelligence on terrorist assets required 

by section 118.

(6) An annual report submitted under section 119C(d)(1).

(b) SEMIANNUAL REPORTS.—The dates for the submittal to the congressional 

intelligence committees of the following semiannual reports shall be the dates 

each year provided in subsection (c)(2):

(1) The semiannual reports on decisions not to prosecute certain 

violations of law under the Classified Information Procedures Act (18 

U.S.C. App.) as required by section 13 of that Act.

(2) The semiannual reports on the disclosure of information and 

consumer reports to the Federal Bureau of Investigation for 

counterintelligence purposes required by section 624(h)(2) of the Fair 

Credit Reporting Act (15 U.S.C. 1681u(h)(2)).

(3) The semiannual provision of information on requests for financial 

information for foreign counterintelligence purposes required by section

1114(a)(5)(C) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 

3414(a)(5)(C)). 

(c) SUBMITTAL DATES FOR REPORTS.—

(1) Except as provided in subsection (d), each annual report listed in 

subsection (a) of this section shall be submitted not later than February 1.

(2) Except as provided in subsection (d), each semiannual report listed in 

subsection (b) shall be submitted not later than February 1 and August 1.

(d) POSTPONEMENT OF SUBMITTAL.—

(1) Subject to paragraph (3), the date for the submittal of—

(A) an annual report listed in subsection (a) may be postponed 

until March 1; and

(B) a semiannual report listed in subsection (b) may be 

postponed until March 1 or September 1, as the case may be, if 

the official required to submit such report submits to the 
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157

congressional intelligence committees a written notification of 

such postponement.

(2)(A) Notwithstanding any other provision of law and subject to 

paragraph (3), the date for the submittal to the congressional intelligence 

committees of any report described in subparagraph (B) may be 

postponed by not more than 30 days from the date otherwise specified in 

the provision of law for the submittal of such report if the official 

required to submit such report submits to the congressional intelligence 

committees a written notification of such postponement.

(B) A report described in this subparagraph is any report on 

intelligence or intelligence-related activities of the United States 

Government that is submitted under a provision of law requiring 

the submittal of only a single report.

(3)(A) The date for the submittal of a report whose submittal is 

postponed under paragraph (1) or (2) may be postponed beyond the time 

provided for the submittal of such report under such paragraph if the 

official required to submit such report submits to the congressional 

intelligence committees a written certification that preparation and 

submittal of such report at such time will impede the work of officers or 

employees of the intelligence community in a manner that will be 

detrimental to the national security of the United States.

(B) A certification with respect to a report under subparagraph 

(A) shall include a proposed submittal date for such report, and 

such report shall be submitted not later than that date.

CERTIFICATION OF COMPLIANCE WITH OVERSIGHT REQUIREMENTS

SEC. 508. [50 U.S.C. § 3107] 

The head of each element of the intelligence community shall annually submit to 

the congressional intelligence committees—

(1) a certification that, to the best of the knowledge of the head of such 

element—

(A) the head of such element is in full compliance with the 

requirements of this title; and

(B) any information required to be submitted by the head of such 

element under this Act before the date of the submission of such 

certification has been properly submitted; or

(2) if the head of such element is unable to submit a certification under 

paragraph (1), a statement—

(A) of the reasons the head of such element is unable to submit 

such a certification;
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158

(B) describing any information required to be submitted by the 

head of such element under this Act before the date of the 

submission of such statement that has not been properly 

submitted; and

(C) that the head of such element will submit such information 

as soon as possible after the submission of such statement.

AUDITABILITY OF CERTAIN ELEMENTS OF THE INTELLIGENCE COMMUNITY

SEC. 509. [50 U.S.C. § 3108] 

(a) REQUIREMENT FOR ANNUAL AUDITS.—The head of each covered entity shall 

ensure that there is a full financial audit of such covered entity each year 

beginning with fiscal year 2014. Such audits may be conducted by an internal or 

external independent accounting or auditing organization.

(b) REQUIREMENT FOR UNQUALIFIED OPINION.—Beginning as early as 

practicable, but in no event later than the audit required under subsection (a) for 

fiscal year 2016, the head of each covered entity shall take all reasonable steps 

necessary to ensure that each audit required under subsection (a) contains an 

unqualified opinion on the financial statements of such covered entity for the 

fiscal year covered by such audit.

(c) REPORTS TO CONGRESS.—The chief financial officer of each covered entity 

shall provide to the congressional intelligence committees an annual audit report 

from an accounting or auditing organization on each audit of the covered entity 

conducted pursuant to subsection (a).

(d) COVERED ENTITY DEFINED.—In this section, the term “covered entity”

means the Office of the Director of National Intelligence, the Central Intelligence 

Agency, the Defense Intelligence Agency, the National Security Agency, the 

National Reconnaissance Office, and the National Geospatial–Intelligence 

Agency.

SIGNIFICANT INTERPRETATIONS OF LAW CONCERNING INTELLIGENCE 

ACTIVITIES

SEC. 510. [50 U.S.C. § 3109]

(a) NOTIFICATION.—Except as provided in subsection (c) and to the extent 

consistent with due regard for the protection from unauthorized disclosure of 

classified information relating to sensitive intelligence sources and methods or 

other exceptionally sensitive matters, the General Counsel of each element of the 

intelligence community shall notify the congressional intelligence committees, in 

writing, of any significant legal interpretation of the United States Constitution or 

Federal law affecting intelligence activities conducted by such element by not 
NATIONAL SECURITY ACT OF 1947

159

later than 30 days after the date of the commencement of any intelligence activity 

pursuant to such interpretation.

(b) CONTENT.—Each notification under subsection (a) shall provide a summary 

of the significant legal interpretation and the intelligence activity or activities 

conducted pursuant to such interpretation.

(c) EXCEPTIONS.—A notification under subsection (a) shall not be required for a 

significant legal interpretation if—

(1) notice of the significant legal interpretation was previously provided 

to the congressional intelligence committees under subsection (a); or

(2) the significant legal interpretation was made before July 7, 2014.

(d) LIMITED ACCESS FOR COVERT ACTION.—If the President determines that it is 

essential to limit access to a covert action finding under section 503(c)(2), the 

President may limit access to information concerning such finding that is subject 

to notification under this section to those members of Congress who have been 

granted access to the relevant finding under section 503(c)(2).

ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE ORDER

SEC. 511. [50 U.S.C. § 3110]

(a) ANNUAL REPORTS REQUIRED.—The Director of National Intelligence shall 

annually submit to the congressional intelligence committees a report on 

violations of law or executive order relating to intelligence activities by 

personnel of an element of the intelligence community that were identified 

during the previous calendar year.

(b) ELEMENTS.—Each report submitted under subsection (a) shall, consistent 

with the need to preserve ongoing criminal investigations, include a description 

of, and any action taken in response to, any violation of law or executive order 

(including Executive Order No. 12333 (50 U.S.C. 3001 note)) relating to 

intelligence activities committed by personnel of an element of the intelligence 

community in the course of the employment of such personnel that, during the 

previous calendar year, was—

(1) determined by the director, head, or general counsel of any element 

of the intelligence community to have occurred;

(2) referred to the Department of Justice for possible criminal 

prosecution; or

(3) substantiated by the inspector general of any element of the 

intelligence community.
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160

BRIEFINGS AND NOTIFICATIONS ON COUNTERINTELLIGENCE ACTIVITIES OF 

THE FEDERAL BUREAU OF INVESTIGATION

SEC. 512. [50 U.S.C. § [3111]]

(a) QUARTERLY BRIEFINGS.—In addition to, and without any derogation of, the 

requirement under section 501 to keep the congressional intelligence committees 

fully and currently informed of the intelligence and counterintelligence activities 

of the United States, not less frequently than once each quarter, or more 

frequently if requested by the congressional intelligence committees, the Director 

of the Federal Bureau of Investigation shall provide to the congressional 

intelligence committees a briefing on the counterintelligence activities of the 

Federal Bureau of Investigation. Such briefings shall include, at a minimum, an 

overview and updated of—

(1) the counterintelligence posture of the Bureau;

(2) counterintelligence investigations; and

(3) any other information relating to the counterintelligence activities of 

the Bureau that the Director determines necessary.

(b) NOTIFICATIONS.—In addition to the quarterly briefings under subsection (a), 

the Director of the Federal Bureau of Investigation shall promptly notify the 

congressional intelligence committees of any counterintelligence investigation 

carried out by the Bureau with respect to any counterintelligence risk or threat 

that is related to an election or campaign for Federal office.

(c) GUIDELINES.—

(1) DEVELOPMENT AND CONSULTATION.—The Director shall develop 

guidelines governing the scope of the briefings provided under 

subsection (a), the notifications provided under subsection (b), and the 

information required by section 5304(a)(2) of the Damon Paul Nelson 

and Matthew Young Pollard Intelligence Authorization Act for Fiscal 

Years 2018, 2019, and 2020. The Director shall consult the congressional 

intelligence committees during such development.

(2) SUBMISSION.—The Director shall submit to the congressional 

intelligence committees—

(A) the guidelines under paragraph (1) upon issuance; and

(B) any updates to such guidelines by not later than 15 days after 

making such update.
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161

TITLE VI—PROTECTION OF CERTAIN NATIONAL 

SECURITY INFORMATION

PROTECTION OF IDENTITIES OF CERTAIN UNITED STATES UNDERCOVER 

INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND SOURCES

SEC. 601. [50 U.S.C. § 3121]

(a) DISCLOSURE OF INFORMATION BY PERSONS HAVING OR HAVING HAD 

ACCESS TO CLASSIFIED INFORMATION THAT IDENTIFIES COVERT AGENT.—

Whoever, having or having had authorized access to classified information that 

identifies a covert agent, intentionally discloses any information identifying such 

covert agent to any individual not authorized to receive classified information, 

knowing that the information disclosed so identifies such covert agent and that 

the United States is taking affirmative measures to conceal such covert agent’s 

intelligence relationship to the United States, shall be fined under title 18, United 

States Code, or imprisoned not more than 15 years, or both.

(b) DISCLOSURE OF INFORMATION BY PERSONS WHO LEARN IDENTITY OF 

COVERT AGENTS AS RESULT OF HAVING ACCESS TO CLASSIFIED 

INFORMATION.—Whoever, as a result of having authorized access to classified 

information, learns the identity of a covert agent and intentionally discloses any 

information identifying such covert agent to any individual not authorized to 

receive classified information, knowing that the information disclosed so 

identifies such covert agent and that the United States is taking affirmative 

measures to conceal such covert agent’s intelligence relationship to the United 

States, shall be fined under title 18, United States Code, or imprisoned not more 

than 10 years, or both.

(c) DISCLOSURE OF INFORMATION BY PERSONS IN COURSE OF PATTERN OF 

ACTIVITIES INTENDED TO IDENTIFY AND EXPOSE COVERT AGENTS.—Whoever, 

in the course of a pattern of activities intended to identify and expose covert 

agents and with reason to believe that such activities would impair or impede the 

foreign intelligence activities of the United States, discloses any information that 

identifies an individual as a covert agent to any individual not authorized to 

receive classified information, knowing that the information disclosed so 

identifies such individual and that the United States is taking affirmative 

measures to conceal such individual’s classified intelligence relationship to the 

United States, shall be fined under title 18, United States Code, or imprisoned not 

more than three years, or both.

(d) IMPOSITION OF CONSECUTIVE SENTENCES.—A term of imprisonment 

imposed under this section shall be consecutive to any other sentence of 

imprisonment.
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DEFENSES AND EXCEPTIONS

SEC. 602. [50 U.S.C. § 3122]

(a) DISCLOSURE BY UNITED STATES OF IDENTITY OF COVERT AGENT.—It is a 

defense to a prosecution under section 601 that before the commission of the 

offense with which the defendant is charged, the United States had publicly 

acknowledged or revealed the intelligence relationship to the United States of the 

individual the disclosure of whose intelligence relationship to the United States is 

the basis for the prosecution.

(b) CONSPIRACY, MISPRISION OF FELONY, AIDING AND ABETTING, ETC.—

(1) Subject to paragraph (2), no person other than a person committing 

an offense under section 601 shall be subject to prosecution under such 

section by virtue of section 2 or 4 of title 18, United States Code, or shall 

be subject to prosecution for conspiracy to commit an offense under such 

section.

(2) Paragraph (1) shall not apply (A) in the case of a person who acted in 

the course of a pattern of activities intended to identify and expose covert 

agents and with reason to believe that such activities would impair or 

impede the foreign intelligence activities of the United States, or (B) in 

the case of a person who has authorized access to classified information.

(c) DISCLOSURE TO SELECT CONGRESSIONAL COMMITTEES ON INTELLIGENCE.—

It shall not be an offense under section 601 to transmit information described in 

such section directly to either congressional intelligence committee.

(d) DISCLOSURE BY AGENT OF OWN IDENTITY.—It shall not be an offense under

section 601 for an individual to disclose information that solely identifies himself 

as a covert agent.

EXTRATERRITORIAL JURISDICTION

SEC. 603. [50 U.S.C. § 3124]

There is jurisdiction over an offense under section 601 committed outside the 

United States if the individual committing the offense is a citizen of the United 

States or an alien lawfully admitted to the United States for permanent residence 

(as defined in section 1101(a)(20) of title 8).

PROVIDING INFORMATION TO CONGRESS

SEC. 604. [50 U.S.C. § 3125]

Nothing in this title may be construed as authority to withhold information from 

the Congress or from a committee of either House of Congress.
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DEFINITIONS

SEC. 605. [50 U.S.C. § 3126]

For the purposes of this title: 

(1) The term “classified information” means information or material 

designated and clearly marked or clearly represented, pursuant to the 

provisions of a statute or Executive order (or a regulation or order issued 

pursuant to a statute or Executive order), as requiring a specific degree of 

protection against unauthorized disclosure for reasons of national 

security.

(2) The term “authorized”, when used with respect to access to classified 

information, means having authority, right, or permission pursuant to the 

provisions of a statute, Executive order, directive of the head of any 

department or agency engaged in foreign intelligence or 

counterintelligence activities, order of any United States court, or 

provisions of any Rule of the House of Representatives or resolution of 

the Senate which assigns responsibility within the respective House of 

Congress for the oversight of intelligence activities.

(3) The term “disclose” means to communicate, provide, impart, 

transmit, transfer, convey, publish, or otherwise make available.

(4) The term “covert agent” means—

(A) a present or retired officer or employee of an intelligence 

agency or a present or retired member of the Armed Forces 

assigned to duty with an intelligence agency whose identity as 

such an officer, employee, or member is classified information; 

or

(B) a United States citizen whose intelligence relationship to the 

United States is classified information, and—

(i) who acts as an agent of, or informant or source of 

operational

assistance to, an intelligence agency, or 

(ii) who is at the time of the disclosure acting as an agent 

of, or informant to, the foreign counterintelligence or 

foreign counterterrorism components of the Federal 

Bureau of Investigation; or

(C) an individual, other than a United States citizen, whose past 

or present intelligence relationship to the United States is 

classified information and who is a present or former agent of, or 

a present or former informant or source of operational assistance 

to, an intelligence agency.
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(5) The term “intelligence agency” means the elements of the 

intelligence community, as that term is defined in section 3(4) [50 U.S.C. 

§ 3003(4)].

(6) The term “informant” means any individual who furnishes 

information to an intelligence agency in the course of a confidential 

relationship protecting the identity of such individual from public 

disclosure.

(7) The terms “officer” and “employee” have the meanings given such 

terms by section 2104 and 2105, respectively, of title 5, United States

Code.

(8) The term “Armed Forces” means the Army, Navy, Air Force, Marine 

Corps, and Coast Guard.

(9) The term “United States”, when used in a geographic sense, means all 

areas under the territorial sovereignty of the United States and the Trust 

Territory of the Pacific Islands.

(10) The term “pattern of activities” requires a series of acts with a 

common purpose or objective.

TITLE VII—PROTECTION OF OPERATIONAL FILES

OPERATIONAL FILES OF THE CENTRAL INTELLIGENCE AGENCY

SEC. 701. [50 U.S.C. § 3141]

(a) The Director of the Central Intelligence Agency, with the coordination of the 

Director of National Intelligence, may exempt operational files of the Central 

Intelligence Agency from the provisions of section 552 of title 5, United States 

Code (Freedom of Information Act), which require publication or disclosure, or 

search or review in connection therewith. 

(b) In this section, the term “operational files” means—

(1) files of the National Clandestine Service which document the conduct 

of foreign intelligence or counterintelligence operations or intelligence or 

security liaison arrangements or information exchanges with foreign 

governments or their intelligence or security services;

(2) files of the Directorate for Science and Technology which document 

the means by which foreign intelligence or counterintelligence is 

collected through scientific and technical systems; and

(3) files of the Office of Personnel Security which document 

investigations conducted to determine the suitability of potential foreign 

intelligence or counterintelligence sources; except that files which are the 

sole repository of disseminated intelligence are not operational files.

(c) Notwithstanding subsection (a), exempted operational files shall continue to 

be subject to search and review for information concerning—
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(1) United States citizens or aliens lawfully admitted for permanent 

residence who have requested information on themselves pursuant to the 

provisions of section 552 of title 5, United States Code (Freedom of 

Information Act), or section 552a of title 5, United States Code (Privacy 

Act of 1974);

(2) any special activity the existence of which is not exempt from 

disclosure under the provisions of section 552 of title 5, United States 

Code (Freedom of Information Act); or 

(3) the specific subject matter of an investigation by the congressional 

intelligence committees, the Intelligence Oversight Board, the 

Department of Justice, the Office of General Counsel of the Central 

Intelligence Agency, the Office of Inspector General of the Central 

Intelligence Agency, or the Office of the Director of National 

Intelligence for any impropriety, or violation of law, Executive order, or 

Presidential directive, in the conduct of an intelligence activity.

(d)(1) Files that are not exempted under subsection (a) of this section which 

contain information derived or disseminated from exempted operational files 

shall be subject to search and review. 

(2) The inclusion of information from exempted operational files in files 

that are not exempted under subsection (a) of this section shall not affect 

the exemption under subsection (a) of this section of the originating 

operational files from search, review, publication, or disclosure.

(3) Records from exempted operational files which have been 

disseminated to and referenced in files that are not exempted under 

subsection (a) of this section and which have been returned to exempted 

operational files for sole retention shall be subject to search and review.

(e) The provisions of subsection (a) of this section shall not be superseded except 

by a provision of law which is enacted after the date of enactment of subsection 

(a), and which specifically cites and repeals or modifies its provisions.

(f) Whenever any person who has requested agency records under section 552 of 

title 5, United States Code (Freedom of Information Act), alleges that the Central 

Intelligence Agency has improperly withheld records because of failure to 

comply with any provision of this section, judicial review shall be available 

under the terms set forth in section 552(a)(4)(B) of title 5, United States Code, 

except that—

(1) in any case in which information specifically authorized under 

criteria established by an Executive order to be kept secret in the interest 

of national defense or foreign relations which is filed with, or produced 

for, the court by the Central Intelligence Agency, such information shall 

be examined ex parte, in camera by the court;

(2) the court shall, to the fullest extent practicable, determine issues of 

fact based on sworn written submissions of the parties;
NATIONAL SECURITY ACT OF 1947

166

(3) when a complainant alleges that requested records are improperly 

withheld because of improper placement solely in exempted operational 

files, the complainant shall support such allegation with a sworn written 

submission, based upon personal knowledge or otherwise admissible 

evidence; 

(4)(A) when a complainant alleges that requested records were 

improperly withheld because of improper exemption of operational files, 

the Central Intelligence Agency shall meet its burden under section 

552(a)(4)(B) of title 5, United States Code, by demonstrating to the court 

by sworn written submission that exempted operational files likely to 

contain responsive records currently perform the functions set forth in 

subsection (b) of this section; and

(B) the court may not order the Central Intelligence Agency to 

review the content of any exempted operational file or files in 

order to make the demonstration required under subparagraph 

(A) of this paragraph, unless the complainant disputes the 

Central Intelligence Agency’s showing with a sworn written 

submission based on personal knowledge or otherwise 

admissible evidence;

(5) in proceedings under paragraphs (3) and (4) of this subsection, the 

parties shall not obtain discovery pursuant to rules 26 through 36 of the 

Federal Rules of Civil Procedure, except that requests for admission may 

be made pursuant to rules 26 and 36;

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

Agency has improperly withheld requested records because of failure to 

comply with any provision of this section, the court shall order the 

Central Intelligence Agency to search and review the appropriate 

exempted operational file or files for the requested records and make 

such records, or portions thereof, available in accordance with the 

provisions of section 552 of title 5, United States Code (Freedom of 

Information Act), and such order shall be the exclusive remedy for 

failure to comply with this section; and

(7) if at any time following the filing of a complaint pursuant to this 

subsection the Central Intelligence Agency agrees to search the 

appropriate exempted operational file or files for the requested records, 

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 Central 

Intelligence Agency and the Director of National Intelligence shall 

review the exemptions in force under subsection (a) to determine 

whether such exemptions may be removed from any category of 

exempted files or any portion thereof.
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167

(2) The review required by paragraph (1) shall include consideration of 

the historical value or other public interest in the subject matter of the 

particular category of files or portions thereof and the potential for 

declassifying a significant part of the information contained therein.

(3) A complainant who alleges that the Central Intelligence Agency has 

improperly withheld records because of failure to comply with this

subsection may seek judicial review in the district court of the United 

States of the district in which any of the parties reside, or in the District 

of Columbia. In such a proceeding, the court’s review shall be limited to 

determining the following:

(A) Whether the Central Intelligence Agency has conducted the 

review required by paragraph (1) before October 15, 1994, or 

before the expiration of the 10-year period beginning on the date 

of the most recent review.

(B) Whether the Central Intelligence Agency, in fact, considered 

the criteria set forth in paragraph (2) in conducting the required 

review.

OPERATIONAL FILES OF THE NATIONAL GEOSPATIAL-INTELLIGENCE 

AGENCY

SEC. 702. [50 U.S.C. § 3142]

(a) EXEMPTION OF CERTAIN OPERATIONAL FILES FROM SEARCH, REVIEW,

PUBLICATION, OR DISCLOSURE.—

(1) The Director of the National Geospatial-Intelligence Agency, with 

the coordination of the Director of National Intelligence, may exempt 

operational files of the National Geospatial-Intelligence Agency from the 

provisions of section 552 of title 5, United States Code, which require 

publication, disclosure, search, or review in connection therewith. 

(2)(A) Subject to subparagraph (B), for the purposes of this section, the 

term “operational files” means files of the National GeospatialIntelligence Agency (hereafter in this section referred to as “NGA”) 

concerning the activities of NGA that before the establishment of NGA 

were performed by the National Photographic Interpretation Center of 

the Central Intelligence Agency (NPIC), that document the means by 

which foreign intelligence or counterintelligence is collected through 

scientific and technical systems.

(B) Files which are the sole repository of disseminated 

intelligence are not operational files.

(3) Notwithstanding paragraph (1), exempted operational files shall 

continue to be subject to search and review for information concerning—
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168

(A) United States citizens or aliens lawfully admitted for 

permanent residence who have requested information on

themselves pursuant to the provisions of section 552 or 552a of 

title 5, United States Code; 

(B) any special activity the existence of which is not exempt 

from disclosure under the provisions of section 552 of title 5, 

United States Code; or

(C) the specific subject matter of an investigation by any of the 

following for any impropriety, or violation of law, Executive 

order, or Presidential directive, in the conduct of an intelligence 

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 the NationalGeospatial Intelligence Agency.

(4)(A) Files that are not exempted under paragraph (1) which contain 

information derived or disseminated from exempted operational files 

shall be subject to search and review.

(B) The inclusion of information from exempted operational files 

in files that are not exempted under paragraph (1) shall not affect 

the exemption under paragraph (1) of the originating operational 

files from search, review, publication, or disclosure.

(C) Records from exempted operational files which have been 

disseminated to and referenced in files that are not exempted 

under paragraph (1) and which have been returned to exempted 

operational files for sole retention shall be subject to search and 

review.

(5) The provisions of paragraph (1) may not be superseded except by a 

provision of law which is enacted after December 3, 1999, and which 

specifically cites and repeals or modifies its provisions.

(6)(A) Except as provided in subparagraph (B), whenever any person 

who has requested agency records under section 552 of title 5, United 

States Code, alleges that NGA has withheld records improperly because 

of failure to comply with any provision of this section, judicial review 

shall be available under the terms set forth in section 552(a)(4)(B) of title 

5, United States Code. 

(B) Judicial review shall not be available in the manner provided 

for under subparagraph (A) as follows:
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169

(i) In any case in which information specifically 

authorized under criteria established by an Executive 

order to be kept secret in the interests of national defense 

or foreign relations is filed with, or produced for, the 

court by NGA, such information shall be examined ex 

parte, in camera by the court.

(ii) The court shall, to the fullest extent practicable, 

determine the issues of fact based on sworn written 

submissions of the parties.

(iii) When a complainant alleges that requested records 

are improperly withheld because of improper placement 

solely in exempted operational files, the complainant 

shall support such allegation with a sworn written 

submission based upon personal knowledge or otherwise 

admissible evidence. 

(iv)(I) When a complainant alleges that requested 

records were improperly withheld because of improper 

exemption of operational files, NGA shall meet its 

burden under section 552(a)(4)(B) of title 5, United 

States Code, by demonstrating to the court by sworn 

written submission that exempted operational files likely 

to contain responsive records currently perform the 

functions set forth in paragraph (2).

(II) The court may not order NGA to review the 

content of any exempted operational file or files 

in order to make the demonstration required 

under subclause (I), unless the complainant 

disputes NGA’s showing with a sworn written 

submission based on personal knowledge or 

otherwise admissible evidence.

(v) In proceedings under clauses (iii) and (iv), the parties 

may not obtain discovery pursuant to rules 26 through 

36 of the Federal Rules of Civil Procedure, except that 

requests for admissions may be made pursuant to rules 

26 and 36.

(vi) If the court finds under this paragraph that NGA has 

improperly withheld requested records because of failure 

to comply with any provision of this subsection, the 

court shall order NGA to search and review the 

appropriate exempted operational file or files for the 

requested records and make such records, or portions 

thereof, available in accordance with the provisions of 
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170

section 552 of title 5, United States Code, and such order 

shall be the exclusive remedy for failure to comply with 

this subsection.

(vii) If at any time following the filing of a complaint 

pursuant to this paragraph NGA agrees to search the 

appropriate exempted operational file or files for the 

requested records, the court shall dismiss the claim 

based upon such complaint.

(viii) Any information filed with, or produced for the 

court pursuant to clauses (i) and (iv) shall be coordinated 

with the Director of National Intelligence prior to 

submission to the court.

(b) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.—

(1) Not less than once every 10 years, the Director of the National 

Geospatial-Intelligence Agency and the Director of National Intelligence 

shall review the exemptions in force under subsection (a)(1) to determine 

whether such exemptions may be removed from the category of 

exempted files or any portion thereof. The Director of National 

Intelligence must approve any determination to remove such exemptions.

(2) The review required by paragraph (1) shall include consideration of 

the historical value or other public interest in the subject matter of the 

particular category of files or portions thereof and the potential for 

declassifying a significant part of the information contained therein.

(3) A complainant that alleges that NGA has improperly withheld 

records because of failure to comply with this subsection may seek 

judicial review in the district court of the United States of the district in 

which any of the parties reside, or in the District of Columbia. In such a 

proceeding, the court’s review shall be limited to determining the 

following:

(A) Whether NGA has conducted the review required by 

paragraph (1) before the expiration of the 10-year period 

beginning on December 3, 1999 or before the expiration of the 

10-year period beginning on the date of the most recent review.

(B) Whether NGA, in fact, considered the criteria set forth in 

paragraph (2) in conducting the required review.

OPERATIONAL FILES OF THE NATIONAL RECONNAISSANCE OFFICE

SEC. 703. [50 U.S.C. § 3143]

(a) EXEMPTION OF CERTAIN OPERATIONAL FILES FROM SEARCH, REVIEW,

PUBLICATION, OR DISCLOSURE.—
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171

(1) The Director of the National Reconnaissance Office, with the 

coordination of the Director of National Intelligence, may exempt 

operational files of the National Reconnaissance Office from the 

provisions of section 552 of title 5, United States Code, which require 

publication, disclosure, search, or review in connection therewith.

(2)(A) Subject to subparagraph (B), for the purposes of this section, the 

term “operational files” means files of the National Reconnaissance 

Office (hereafter in this section referred to as “NRO”) that document the 

means by which foreign intelligence or counterintelligence is collected 

through scientific and technical systems.

(B) Files which are the sole repository of disseminated 

intelligence are not operational files.

(3) Notwithstanding paragraph (1), exempted operational files shall 

continue to be subject to search and review for information concerning—

(A) United States citizens or aliens lawfully admitted for 

permanent residence who have requested information on 

themselves pursuant to the provisions of section 552 or 552a of 

title 5, United States Code;

(B) any special activity the existence of which is not exempt 

from disclosure under the provisions of section 552 of title 5, 

United States Code; or

(C) the specific subject matter of an investigation by any of the 

following for any impropriety, or violation of law, Executive 

order, or Presidential directive, in the conduct of an intelligence 

activity:

(i) The Permanent Select Committee on Intelligence of 

the House of Representatives.

(ii) The Select Committee on Intelligence of the Senate.

(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 the NRO.

(4)(A) Files that are not exempted under paragraph (1) which contain 

information derived or disseminated from exempted operational files 

shall be subject to search and review.

(B) The inclusion of information from exempted operational files 

in files that are not exempted under paragraph (1) shall not affect 

the exemption under paragraph (1) of the originating operational 

files from search, review, publication, or disclosure.

(C) The declassification of some of the information contained in 

exempted operational files shall not affect the status of the 
NATIONAL SECURITY ACT OF 1947

172

operational file as being exempt from search, review, 

publication, or disclosure.

(D) Records from exempted operational files which have been 

disseminated to and referenced in files that are not exempted 

under paragraph (1) and which have been returned to exempted 

operational files for sole retention shall be subject to search and 

review.

(5) The provisions of paragraph (1) may not be superseded except by a 

provision of law which is enacted after November 27, 2002, and which 

specifically cites and repeals or modifies its provisions.

(6)(A) Except as provided in subparagraph (B), whenever any person 

who has requested agency records under section 552 of title 5, United 

States Code, alleges that NRO has withheld records improperly because 

of failure to comply with any provision of this section, judicial review 

shall be available under the terms set forth in section 552(a)(4)(B) of title 

5, United States Code. 

(B) Judicial review shall not be available in the manner provided 

for under subparagraph (A) as follows:

(i) In any case in which information specifically 

authorized under criteria established by an Executive 

order to be kept secret in the interests of national defense 

or foreign relations is filed with, or produced for, the 

court by NRO, such information shall be examined ex 

parte, in camera by the court. 

(ii) The court shall, to the fullest extent practicable, 

determine the issues of fact based on sworn written 

submissions of the parties.

(iii) When a complainant alleges that requested records 

are improperly withheld because of improper placement 

solely in exempted operational files, the complainant 

shall support such allegation with a sworn written 

submission based upon personal knowledge or otherwise 

admissible evidence.

(iv)(I) When a complainant alleges that requested 

records were improperly withheld because of improper 

exemption of operational files, NRO shall meet its 

burden under section 552(a)(4)(B) of title 5, United 

States Code, by demonstrating to the court by sworn 

written submission that exempted operational files likely 

to contain responsive records currently perform the 

functions set forth in paragraph (2).
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173

(II) The court may not order NRO to review the 

content of any exempted operational file or files 

in order to make the demonstration required 

under subclause (I), unless the complainant 

disputes NRO’s showing with a sworn written 

submission based on personal knowledge or 

otherwise admissible evidence.

(v) In proceedings under clauses (iii) and (iv), the parties 

may not obtain discovery pursuant to rules 26 through 

36 of the Federal Rules of Civil Procedure, except that 

requests for admissions may be made pursuant to rules 

26 and 36.

(vi) If the court finds under this paragraph that NRO has 

improperly withheld requested records because of failure 

to comply with any provision of this subsection, the 

court shall order NRO to search and review the 

appropriate exempted operational file or files for the 

requested records and make such records, or portions 

thereof, available in accordance with the provisions of 

section 552 of title 5, United States Code, and such order 

shall be the exclusive remedy for failure to comply with 

this subsection.

(vii) If at any time following the filing of a complaint 

pursuant to this paragraph NRO agrees to search the 

appropriate exempted operational file or files for the 

requested records, the court shall dismiss the claim 

based upon such complaint.

(viii) Any information filed with, or produced for the 

court pursuant to clauses (i) and (iv) shall be coordinated 

with the Director of National Intelligence prior to 

submission to the court.

(b) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.—

(1) Not less than once every 10 years, the Director of the National 

Reconnaissance Office and the Director of National Intelligence shall 

review the exemptions in force under subsection (a)(1) to determine 

whether such exemptions may be removed from the category of 

exempted files or any portion thereof. The Director of National 

Intelligence must approve any determination to remove such exemptions. 

(2) The review required by paragraph (1) shall include consideration of 

the historical value or other public interest in the subject matter of the 

particular category of files or portions thereof and the potential for 

declassifying a significant part of the information contained therein.
NATIONAL SECURITY ACT OF 1947

174

(3) A complainant that alleges that NRO has improperly withheld records 

because of failure to comply with this subsection may seek judicial 

review in the district court of the United States of the district in which 

any of the parties reside, or in the District of Columbia. In such a 

proceeding, the court’s review shall be limited to determining the 

following:

(A) Whether NRO has conducted the review required by 

paragraph (1) before the expiration of the 10-year period 

beginning on November 27, 2002 or before the expiration of the 

10-year period beginning on the date of the most recent review.

(B) Whether NRO, in fact, considered the criteria set forth in 

paragraph (2) in conducting the required review.

OPERATIONAL FILES OF THE NATIONAL SECURITY AGENCY

SEC. 704. [50 U.S.C. § 3144]

(a) EXEMPTION OF CERTAIN OPERATIONAL FILES FROM SEARCH, REVIEW,

PUBLICATION, OR DISCLOSURE.—The Director of the National Security Agency, 

in coordination with the Director of National Intelligence, may exempt 

operational files of the National Security Agency from the 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—

(A) files of the Signals Intelligence Directorate of the National 

Security Agency (and any successor organization of that 

directorate) that document the means by which foreign 

intelligence or counterintelligence is collected through technical 

systems; and

(B) files of the Research Associate Directorate of the National 

Security Agency (and any successor organization of that 

directorate) that document the means by which foreign 

intelligence or counterintelligence is collected through scientific 

and technical systems.

(2) Files that are the sole repository of disseminated intelligence, and 

files that have been accessioned into the National Security Agency 

Archives (or any successor organization) are not operational files.

(c) SEARCH AND REVIEW FOR INFORMATION.—Notwithstanding subsection (a), 

exempted operational files shall continue to be subject to search and review for 

information concerning any of the following:
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175

(1) United States citizens or aliens lawfully admitted for permanent 

residence who have requested information on themselves pursuant to the 

provisions of section 552 or 552a of title 5, United States Code.

(2) Any special activity the existence of which is not exempt from 

disclosure under the provisions of section 552 of title 5, United States 

Code.

(3) The specific subject matter of an investigation by any of the 

following for any impropriety, or violation of law, Executive order, or 

Presidential directive, in the conduct of an intelligence activity:

(A) The Committee on Armed Services and the Permanent 

Select Committee on Intelligence of the House of 

Representatives.

(B) The Committee on Armed Services and the Select 

Committee on Intelligence of the Senate.

(C) The Intelligence Oversight Board.

(D) The Department of Justice.

(E) The Office of General Counsel of the National Security 

Agency.

(F) The Office of the Inspector General of the Department of 

Defense.

(G) The Office of the Director of the National Security Agency.

(H) The Office of the Inspector General of the National Security 

Agency.

(d) INFORMATION DERIVED OR DISSEMINATED FROM EXEMPTED OPERATIONAL 

FILES.—

(1) Files that are not exempted under subsection (a) that contain 

information derived or disseminated from exempted operational files 

shall be subject to search and review.

(2) The inclusion of information from exempted operational files in files 

that are not exempted under subsection (a) shall not affect the exemption 

under subsection (a) of the originating operational files from search, 

review, publication, or disclosure.

(3) The declassification of some of the information contained in 

exempted operational files shall not affect the status of the operational 

file as being exempt from search, review, publication, or disclosure.

(4) Records from exempted operational files that have been disseminated 

to and referenced in files that are not exempted under subsection (a) and 

that have been returned to exempted operational files for sole retention 

shall be subject to search and review.

(e) SUPERCEDURE OF OTHER LAWS.—The provisions of subsection (a) may not 

be superseded except by a provision of law that is enacted after November 24, 

2003, and that specifically cites and repeals or modifies such provisions.
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176

(f) ALLEGATION; IMPROPER WITHHOLDING OF RECORDS; JUDICIAL REVIEW.—

(1) Except as provided in paragraph (2), whenever any person who has 

requested agency records under section 552 of title 5, United States 

Code, alleges that the National Security Agency has withheld records 

improperly because of failure to comply with any provision of this 

section, judicial review shall be available under the terms set forth in 

section 552(a)(4)(B) of title 5, United States Code.

(2) Judicial review shall not be available in the manner provided for 

under paragraph (1) as follows:

(A) In any case in which information specifically authorized 

under criteria established by an Executive order to be kept secret 

in the interests of national defense or foreign relations is filed 

with, or produced for, the court by the National Security Agency, 

such information shall be examined ex parte, in camera by the 

court.

(B) The court shall determine, to the fullest extent practicable, 

the issues of fact based on sworn written submissions of the 

parties.

(C) When a complainant alleges that requested records are 

improperly withheld because of improper placement solely in 

exempted operational files, the complainant shall support such 

allegation with a sworn written submission based upon personal 

knowledge or otherwise admissible evidence.

(D)(i) When a complainant alleges that requested records were 

improperly withheld because of improper exemption of 

operational files, the National Security Agency shall meet its 

burden under section 552(a)(4)(B) of title 5, United States Code, 

by demonstrating to the court by sworn written submission that 

exempted operational files likely to contain responsive records 

currently perform the functions set forth in subsection (b) of this 

section.

(ii) The court may not order the National Security 

Agency to review the content of any exempted 

operational file or files in order to make the 

demonstration required under clause (i), unless the 

complainant disputes the National Security Agency’s 

showing with a sworn written submission based on 

personal knowledge or otherwise admissible evidence.

(E) In proceedings under subparagraphs (C) and (D), the parties 

may not obtain discovery pursuant to rules 26 through 36 of the 

Federal Rules of Civil Procedure, except that requests for 

admissions may be made pursuant to rules 26 and 36.
NATIONAL SECURITY ACT OF 1947

177

(F) If the court finds under this subsection that the National 

Security Agency has improperly withheld requested records 

because of failure to comply with any provision of this 

subsection, the court shall order the Agency to search and review 

the appropriate exempted operational file or files for the 

requested records and make such records, or portions thereof, 

available in accordance with the provisions of section 552 of title 

5, United States Code, and such order shall be the exclusive 

remedy for failure to comply with this section (other than 

subsection (g)).

(G) If at any time following the filing of a complaint pursuant to 

this paragraph the National Security Agency agrees to search the 

appropriate exempted operational file or files for the requested 

records, the court shall dismiss the claim based upon such 

complaint.

(H) Any information filed with, or produced for the court 

pursuant to subparagraphs (A) and (D) shall be coordinated with 

the Director of National Intelligence before submission to the 

court.

(g) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.—

(1) Not less than once every 10 years, the Director of the National 

Security Agency and the Director of National Intelligence shall review 

the exemptions in force under subsection (a) to determine whether such 

exemptions may be removed from a category of exempted files or any 

portion thereof. The Director of National Intelligence must approve any 

determination to remove such exemptions.

(2) The review required by paragraph (1) shall include consideration of 

the historical value or other public interest in the subject matter of a 

particular category of files or portions thereof and the potential for 

declassifying a significant part of the information contained therein.

(3) A complainant that alleges that the National Security Agency has 

improperly withheld records because of failure to comply with this 

subsection may seek judicial review in the district court of the United 

States of the district in which any of the parties reside, or in the District 

of Columbia. In such a proceeding, the court’s review shall be limited to 

determining the following:

(A) Whether the National Security Agency has conducted the 

review required by paragraph (1) before the expiration of the 10-

year period beginning on November 24, 2003 or before the 

expiration of the 10-year period beginning on the date of the 

most recent review.
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178

(B) Whether the National Security Agency, in fact, considered 

the criteria set forth in paragraph (2) in conducting the required 

review.

PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE DIRECTOR OF 

NATIONAL INTELLIGENCE

SEC. 706. [50 U.S.C. § 3146] 

(a) INAPPLICABILITY OF FOIA TO EXEMPTED OPERATIONAL FILES PROVIDED TO 

ODNI.—

(1) Subject to paragraph (2), the provisions of section 552 of title 5, 

United States Code, that require search, review, publication, or 

disclosure of a record shall not apply to a record provided to the Office 

of the Director of National Intelligence by an element of the intelligence 

community from the exempted operational files of such element.

(2) Paragraph (1) shall not apply with respect to a record of the Office 

that—

(A) contains information derived or disseminated from an 

exempted operational file, unless such record is created by the 

Office for the sole purpose of organizing such exempted 

operational file for use by the Office;

(B) is disseminated by the Office to a person other than 

an officer, employee, or contractor of the Office; or

(C) is no longer designated as an exempted operational 

file in accordance with this title.

(b) EFFECT OF PROVIDING FILES TO ODNI.—Notwithstanding any other 

provision of this title, an exempted operational file that is provided to the Office 

by an element of the intelligence community shall not be subject to the 

provisions of section 552 of title 5, United States Code, that require search, 

review, publication, or disclosure of a record solely because such element 

provides such exempted operational file to the Office.

(c) SEARCH AND REVIEW FOR CERTAIN PURPOSES.—Notwithstanding subsection 

(a) or (b), an exempted operational file shall continue to be subject to search and 

review for information concerning any of the following:

(1) United States citizens or aliens lawfully admitted for permanent 

residence who have requested information on themselves pursuant to the 

provisions of section 552 or 552a of title 5, United States Code.

(2) Any special activity the existence of which is not exempt from 

disclosure under the provisions of section 552 of title 5, United States 

Code.
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(3) The specific subject matter of an investigation for any impropriety or 

violation of law, Executive order, or Presidential directive, in the conduct 

of an intelligence activity by any of the following:

(A) The Select Committee on Intelligence of the Senate.

(B) The Permanent Select Committee on Intelligence of the 

House of Representatives.

(C) The Intelligence Oversight Board.

(D) The Department of Justice.

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

(F) The Office of the Inspector General of the Intelligence 

Community.

(d) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.—

(1) Not less than once every 10 years, the Director of National 

Intelligence shall review the exemptions in force under subsection (a) to 

determine whether such exemptions may be removed from any category 

of exempted files or any portion thereof.

(2) The review required by paragraph (1) shall include consideration of 

the historical value or other public interest in the subject matter of the 

particular category of files or portions thereof and the potential for 

declassifying a significant part of the information contained therein.

(3) A complainant that alleges that the Director of National Intelligence 

has improperly withheld records because of failure to comply with this 

subsection may seek judicial review in the district court of the United 

States of the district in which any of the parties reside, or in the District 

of Columbia. In such a proceeding, the court’s review shall be limited to 

determining the following:

(A) Whether the Director has conducted the review required by 

paragraph (1) before the expiration of the 10-year period 

beginning on the date of the enactment of the Intelligence 

Authorization Act for Fiscal Year 2010, or before the expiration 

of the 10-year period beginning on the date of the most recent 

review.

(B) Whether the Director of National Intelligence, in fact, 

considered the criteria set forth in paragraph (2) in conducting 

the required review.

(e) SUPERSEDURE OF OTHER LAWS.—The provisions of this section may not be 

superseded except by a provision of law that is enacted after the date of the 

enactment of this section, and that specifically cites and repeals or modifies such 

provisions.

(f) ALLEGATION; IMPROPER WITHHOLDING OF RECORDS; JUDICIAL REVIEW.—

(1) Except as provided in paragraph (2), whenever any person who has 

requested agency records under section 552 of title 5, United States 
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Code, alleges that the Office has withheld records improperly because of 

failure to comply with any provision of this section, judicial review shall 

be available under the terms set forth in section 552(a)(4)(B) of title 5, 

United States Code.

(2) Judicial review shall not be available in the manner provided for 

under paragraph (1) as follows:

(A) In any case in which information specifically authorized 

under criteria established by an Executive order to be kept secret 

in the interests of national defense or foreign relations is filed 

with, or produced for, the court by the Office, such information 

shall be examined ex parte, in camera by the court.

(B) The court shall determine, to the fullest extent practicable, 

the issues of fact based on sworn written submissions of the 

parties.

(C)(i) When a complainant alleges that requested records were 

improperly withheld because of improper exemption of 

operational files, the Office may meet the burden of the Office 

under section 552(a)(4)(B) of title 5, United States Code, by 

demonstrating to the court by sworn written submission that 

exempted files likely to contain responsive records are records 

provided to the Office by an element of the intelligence 

community from the exempted operational files of such element.

(ii) The court may not order the Office to review the 

content of any exempted file in order to make the 

demonstration required under clause (i), unless the 

complainant disputes the Office’s showing with a sworn 

written submission based on personal knowledge or 

otherwise admissible evidence.

(D) In proceedings under subparagraph (C), a party may not 

obtain discovery pursuant to rules 26 through 36 of the Federal 

Rules of Civil Procedure, except that requests for admissions 

may be made pursuant to rules 26 and 36 of the Federal Rules of 

Civil Procedure.

(E) If the court finds under this subsection that the Office has 

improperly withheld requested records because of failure to 

comply with any provision of this section, the court shall order 

the Office to search and review each appropriate exempted file 

for the requested records and make such records, or portions 

thereof, available in accordance with the provisions of section 

552 of title 5, United States Code (commonly referred to as the 

Freedom of Information Act), and such order shall be the 

exclusive remedy for failure to comply with this section.
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(F) If at any time following the filing of a complaint pursuant to 

this paragraph the Office agrees to search each appropriate 

exempted file for the requested records, the court shall dismiss 

the claim based upon such complaint.

(g) DEFINITIONS.—In this section:

(1) The term “exempted operational file” means a file of an element of 

the intelligence community that, in accordance with this title, is 

exempted from the provisions of section 552 of title 5, United States 

Code, that require search, review, publication, or disclosure of such 

file.

(2) Except as otherwise specifically provided, the term “Office” means 

the Office of the Director of National Intelligence.

TITLE VIII—ACCESS TO CLASSIFIED INFORMATION 

PROCEDURES

PROCEDURES

SEC. 801. [50 U.S.C. § 3161]

(a) Not later than 180 days after October 14, 1994, the President shall, by 

Executive order or regulation, establish procedures to govern access to classified 

information which shall be binding upon all departments, agencies, and offices of 

the executive branch of Government. Such procedures shall, at a minimum—

(1) provide that, except as may be permitted by the President, no 

employee in the executive branch of Government may be given access to 

classified information by any department, agency, or office of the 

executive branch of Government unless, based upon an appropriate 

background investigation, such access is determined to be clearly 

consistent with the national security interests of the United States;

(2) establish uniform minimum requirements governing the scope and 

frequency of background investigations and reinvestigations for all 

employees in the executive branch of Government who require access to 

classified information as part of their official responsibilities;

(3) provide that all employees in the executive branch of Government

who require access to classified information shall be required as a 

condition of such access to provide to the employing department or 

agency written consent which permits access by an authorized 

investigative agency to relevant financial records, other financial 

information, consumer reports, travel records, and computers used in the 

performance of Government duties, as determined by the President, in 

accordance with section 802 of this title, during the period of access to 

classified information and for a period of three years thereafter;
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(4) provide that all employees in the executive branch of Government 

who require access to particularly sensitive classified information, as 

determined by the President, shall be required, as a condition of 

maintaining access to such information, to submit to the employing 

department or agency, during the period of such access, relevant 

information concerning their financial condition and foreign travel, as 

determined by the President, as may be necessary to ensure appropriate 

security; and

(5) establish uniform minimum standards to ensure that employees in the 

executive branch of Government whose access to classified information 

is being denied or terminated under this title are appropriately advised of 

the reasons for such denial or termination and are provided an adequate 

opportunity to respond to all adverse information which forms the basis 

for such denial or termination before final action by the department or 

agency concerned.

(b)(1) Subsection (a) shall not be deemed to limit or affect the responsibility and 

power of an agency head pursuant to other law or Executive order to deny or 

terminate access to classified information if the national security so requires. 

Such responsibility and power may be exercised only when the agency head 

determines that the procedures prescribed by subsection (a) cannot be invoked in 

a manner that is consistent with the national security.

(2) Upon the exercise of such responsibility, the agency head shall 

submit a report to the congressional intelligence committees. 

REQUESTS BY AUTHORIZED INVESTIGATIVE AGENCIES

SEC. 802. [50 U.S.C. § 3162]

(a)(1) Any authorized investigative agency may request from any financial 

agency, financial institution, or holding company, or from any consumer 

reporting agency, such financial records, other financial information, and 

consumer reports as may be necessary in order to conduct any authorized law 

enforcement investigation, counterintelligence inquiry, or security determination. 

Any authorized investigative agency may also request records maintained by any 

commercial entity within the United States pertaining to travel by an employee in 

the executive branch of Government outside the United States.

(2) Requests may be made under this section where—

(A) the records sought pertain to a person who is or was an 

employee in the executive branch of Government required by the 

President in an Executive order or regulation, as a condition of 

access to classified information, to provide consent, during a 

background investigation and for such time as access to the 

information is maintained, and for a period of not more than 
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three years thereafter, permitting access to financial records, 

other financial information, consumer reports, and travel records; 

and

(B)(i) there are reasonable grounds to believe, based on credible 

information, that the person is, or may be, disclosing classified 

information in an unauthorized manner to a foreign power or 

agent of a foreign power;

(ii) information the employing agency deems credible 

indicates the person has incurred excessive indebtedness 

or has acquired a level of affluence which cannot be 

explained by other information known to the agency; or

(iii) circumstances indicate the person had the capability 

and opportunity to disclose classified information which 

is known to have been lost or compromised to a foreign 

power or an agent of a foreign power.

(3) Each such request—

(A) shall be accompanied by a written certification signed by the 

department or agency head or deputy department or agency head 

concerned, or by a senior official designated for this purpose by 

the department or agency head concerned (whose rank shall be 

no lower than Assistant Secretary or Assistant Director), and 

shall certify that—

(i) the person concerned is or was an employee within 

the meaning of paragraph (2)(A);

(ii) the request is being made pursuant to an authorized 

inquiry or investigation and is authorized under this

section; and 

(iii) the records or information to be reviewed are 

records or information which the employee has 

previously agreed to make available to the authorized 

investigative agency for review;

(B) shall contain a copy of the agreement referred to in 

subparagraph (A)(iii);

(C) shall identify specifically or by category the records or 

information to be reviewed; and

(D) shall inform the recipient of the request of the prohibition 

described in subsection (b).

(b) PROHIBITION OF CERTAIN DISCLOSURE.—

(1) PROHIBITION.—

(A) IN GENERAL.—If a certification is issued under 

subparagraph (B) and notice of the right to judicial review under 

subsection (c) is provided, no governmental or private entity that 
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receives a request under subsection (a), or officer, employee, or 

agent thereof, shall disclose to any person that an authorized 

investigative agency described in subsection (a) has sought or 

obtained access to information under subsection (a). 

(B) CERTIFICATION.—The requirements of subparagraph (A) 

shall apply if the head of an authorized investigative agency 

described in subsection (a), or a designee, certifies that the 

absence of a prohibition of disclosure under this subsection may 

result in—

(i) a danger to the national security of the United States;

(ii) interference with a criminal, counterterrorism, or 

counterintelligence investigation;

(iii) interference with diplomatic relations; or

(iv) danger to the life or physical safety of any person.

(2) EXCEPTION.—

(A) IN GENERAL.—A governmental or private entity that 

receives a request under subsection (a), or officer, employee, or 

agent thereof, may disclose information otherwise subject to any 

applicable nondisclosure requirement to—

(i) those persons to whom disclosure is necessary in 

order to comply with the request;

(ii) an attorney in order to obtain legal advice or 

assistance regarding the request; or

(iii) other persons as permitted by the head of the 

authorized investigative agency described in subsection 

(a) or a designee.

(B) APPLICATION.—A person to whom disclosure is made under 

subparagraph (A) shall be subject to the nondisclosure 

requirements applicable to a person to whom a request is issued 

under subsection (a) in the same manner as the person to whom 

the request is issued.

(C) NOTICE.—Any recipient that discloses to a person described 

in subparagraph (A) information otherwise subject to a 

nondisclosure requirement shall inform the person of the 

applicable nondisclosure requirement.

(D) IDENTIFICATION OF DISCLOSURE RECIPIENTS.—At the 

request of the head of an authorized investigative agency 

described in subsection (a), or a designee, any person making or 

intending to make a disclosure under clause (i) or (iii) of 

subparagraph (A) shall identify to the head of the authorized 

investigative agency or such designee the person to whom such 
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185

disclosure will be made or to whom such disclosure was made 

prior to the request.

(c) JUDICIAL REVIEW.—

(1) IN GENERAL.—A request under subsection (a) or a nondisclosure 

requirement imposed in connection with such request under subsection 

(b) shall be subject to judicial review under section 3511 of title 18, 

United States Code.

(2) NOTICE.—A request under subsection (a) shall include notice of the 

availability of judicial review described in paragraph (1).

(d)(1) Notwithstanding any other provision of law (other than section 6103 of the 

Internal Revenue Code of 1986), an entity receiving a request for records or 

information under subsection (a) shall, if the request satisfies the requirements of 

this section, make available such records or information within 30 days for 

inspection or copying, as may be appropriate, by the agency requesting such 

records or information.

(2) Any entity (including any officer, employee, or agent thereof) that 

discloses records or information for inspection or copying pursuant to 

this section in good faith reliance upon the certifications made by an 

agency pursuant to this section shall not be liable for any such disclosure 

to any person under this title, the constitution of any State, or any law or 

regulation of any State or any political subdivision of any State.

(e) Any agency requesting records or information under this section may, subject 

to the availability of appropriations, reimburse a private entity for any cost 

reasonably incurred by such entity in responding to such request, including the 

cost of identifying, reproducing, or transporting records or other data.

(f) An agency receiving records or information pursuant to a request under this 

section may disseminate the records or information obtained pursuant to such 

request outside the agency only—

(1) to the agency employing the employee who is the subject of the 

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 States, if 

such information is clearly relevant to the authorized responsibilities of 

such agency.

(g) Nothing in this section may be construed to affect the authority of an 

investigative agency to obtain information pursuant to the Right to Financial 

Privacy Act (12 U.S.C. 3401 et seq.) or the Fair Credit Reporting Act (15 U.S.C. 

1681 et seq.).
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SECURITY EXECUTIVE AGENT

SEC. 803. [50 U.S.C. § [3162a]]

(a) IN GENERAL.—The Director of National Intelligence, or such other officer of 

the United States as the President may designate, shall serve as the Security 

Executive Agent for all departments and agencies of the United States.

(b) DUTIES.—The duties of the Security Executive Agent are as follows:

(1) To direct the oversight of investigations, reinvestigations, 

adjudications, and, as applicable, polygraphs for eligibility for access to 

classified information or eligibility to hold a sensitive position made by 

any Federal agency.

(2) To review the national security background investigation and 

adjudication programs of Federal agencies to determine whether such 

programs are being implemented in accordance with this section.

(3) To develop and issue uniform and consistent policies and procedures 

to ensure the effective, efficient, timely, and secure completion of 

investigations, polygraphs, and adjudications relating to determinations 

of eligibility for access to classified information or eligibility to hold a 

sensitive position.

(4) Unless otherwise designated by law, to serve as the final authority to 

designate a Federal agency or agencies to conduct investigations of 

persons who are proposed for access to classified information or for 

eligibility to hold a sensitive position to ascertain whether such persons 

satisfy the criteria for obtaining and retaining access to classified 

information or eligibility to hold a sensitive position, as applicable.

(5) Unless otherwise designated by law, to serve as the final authority to 

designate a Federal agency or agencies to determine eligibility for access 

to classified information or eligibility to hold a sensitive position in 

accordance with Executive Order No. 12968 (50 U.S.C. 3161 note; 

relating to access to classified information).

(6) To review and approve the policies of the Federal agencies that 

ensure reciprocal recognition of eligibility for access to classified 

information or eligibility to hold a sensitive position among Federal 

agencies, and to act as the final authority to arbitrate and resolve disputes 

among such agencies involving the reciprocity of investigations and 

adjudications of eligibility.

(7) To execute all other duties assigned to the Security Executive Agent 

by law.

(c) AUTHORITIES.—The Security Executive Agent shall—

(1) issue guidelines and instructions to the heads of Federal agencies to 

ensure appropriate uniformity, centralization, efficiency, effectiveness, 

timeliness, and security in processes relating to determinations by such 
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agencies of eligibility for access to classified information or eligibility to 

hold a sensitive position, including such matters as investigations, 

polygraphs, adjudications, and reciprocity;

(2) have the authority to grant exceptions to, or waivers of, national 

security investigative requirements, including issuing implementing or 

clarifying guidance, as necessary;

(3) have the authority to assign, in whole or in part, to the head of any 

Federal agency (solely or jointly) any of the duties of the Security 

Executive Agent described in subsection (b) or the authorities described 

in paragraphs (1) and (2), provided that the exercise of such assigned 

duties or authorities is subject to the oversight of the Security Executive 

Agent, including such terms and conditions (including approval by the 

Security Executive Agent) as the Security Executive Agent determines 

appropriate; and

(4) define and set standards for continuous vetting for continued access 

to classified information and for eligibility to hold a sensitive position.

EXCEPTIONS

SEC. 804. [50 U.S.C. § 3163]

Except as otherwise specifically provided, the provisions of this title shall not 

apply to the President and Vice President, Members of the Congress, Justices of 

the Supreme Court, and Federal judges appointed by the President.

DEFINITIONS

SEC. 805. [50 U.S.C. § 3164]

For purposes of this title—

(1) the term “authorized investigative agency” means an agency 

authorized by law or regulation to conduct a counterintelligence 

investigation or investigations of persons who are proposed for access to 

classified information to ascertain whether such persons satisfy the 

criteria for obtaining and retaining access to such information;

(2) the term “classified information” means any information that has 

been determined pursuant to Executive Order No. 12356 of April 2, 

1982, or successor orders, or the Atomic Energy Act of 1954 [42 U.S.C. 

§ 2011 et seq], to require protection against unauthorized disclosure and 

that is so designated; 

(3) the term “consumer reporting agency” has the meaning given such 

term in section 603 of the Consumer Credit Protection Act (15 U.S.C. 

1681a);
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(4) the term “employee” includes any person who receives a salary or 

compensation of any kind from the United States Government, is a 

contractor of the United States Government or an employee thereof, is an 

unpaid consultant of the United States Government, or otherwise acts for 

or on behalf of the United States Government, except as otherwise 

determined by the President;

(5) the terms “financial agency” and “financial institution” have the 

meanings given to such terms in section 5312(a) of title 31, United States 

Code, and the term “holding company” has the meaning given to such 

term in section 1101(6) of the Right to Financial Privacy Act of 1978 (12 

U.S.C. 3401); 

(6) the terms “foreign power” and “agent of a foreign power” have the 

same meanings as set forth in sections 101(a) and (b), respectively, of the 

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801);

(7) the term “State” means each of the several States of the United States, 

the District of Columbia, the Commonwealth of Puerto Rico, the 

Commonwealth of the Northern Mariana Islands, the United States 

Virgin Islands, Guam, American Samoa, the Republic of the Marshall 

Islands, the Federated States of Micronesia, and the Republic of Palau, 

and any other possession of the United States; and

(8) the term “computer” means any electronic, magnetic, optical, 

electrochemical, or other high speed data processing device performing 

logical, arithmetic, or storage functions, and includes any data storage 

facility or communications facility directly related to or operating in 

conjunction with such device and any data or other information stored or 

contained in such device.

TITLE IX—APPLICATION OF SANCTIONS LAWS TO 

INTELLIGENCE ACTIVITIES

STAY OF SANCTIONS

SEC. 901. [50 U.S.C. § 3171]

Notwithstanding any provision of law identified in section 904, the President 

may stay the imposition of an economic, cultural, diplomatic, or other sanction or 

related action by the United States Government concerning a foreign country, 

organization, or person when the President determines and reports to Congress in 

accordance with section 903 that to proceed without delay would seriously risk 

the compromise of an ongoing criminal investigation directly related to the 

activities giving rise to the sanction or an intelligence source or method directly 

related to the activities giving rise to the sanction. Any such stay shall be 
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effective for a period of time specified by the President, which period may not 

exceed 120 days, unless such period is extended in accordance with section 902.

EXTENSION OF STAY

SEC. 902. [50 U.S.C. § 3172]

Whenever the President determines and reports to Congress in accordance with 

section 903 that a stay of sanctions or related actions pursuant to section 901 has 

not afforded sufficient time to obviate the risk to an ongoing criminal 

investigation or to an intelligence source or method that gave rise to the stay, he 

may extend such stay for a period of time specified by the President, which 

period may not exceed 120 days. The authority of this section may be used to 

extend the period of a stay pursuant to section 901 for successive periods of not 

more than 120 days each.

REPORTS

SEC. 903. [50 U.S.C. § 3173]

Reports to Congress pursuant to sections 901 and 902 shall be submitted 

promptly upon determinations under this title. Such reports shall be submitted to 

the Committee on International Relations of the House of Representatives and 

the Committee on Foreign Relations of the Senate. With respect to 

determinations relating to intelligence sources and methods, reports shall also be 

submitted to the congressional intelligence committees. With respect to 

determinations relating to ongoing criminal investigations, reports shall also be 

submitted to the Committees on the Judiciary of the House of Representatives 

and the Senate.

LAWS SUBJECT TO STAY

SEC. 904. [50 U.S.C. § 3174]

The President may use the authority of sections 901 and 902 to stay the 

imposition of an economic, cultural, diplomatic, or other sanction or related 

action by the United States Government related to the proliferation of weapons of 

mass destruction, their delivery systems, or advanced conventional weapons 

otherwise required to be imposed by the Chemical and Biological Weapons 

Control and Warfare Elimination Act of 1991 (title III of Public Law 102–182) 

[22 U.S.C. § 5601 et seq.]; the Nuclear Proliferation Prevention Act of 1994 (title 

VIII of Public Law 103–236); title XVII of the National Defense Authorization 

Act for Fiscal Year 1991 (Public Law 101–510) (relating to the nonproliferation 

of missile technology); the Iran-Iraq Arms Nonproliferation Act of 1992 (title 

XVI of Public Law 102–484); section 573 of the Foreign Operations, Export 
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Financing Related Programs Appropriations Act, 1994 (Public Law 103–87); 

section 563 of the Foreign Operations, Export Financing Related Programs 

Appropriations Act, 1995 (Public Law 103–306); and comparable provisions.

TITLE X—EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE

SUBTITLE A – SCIENCE AND TECHNOLOGY

SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF GRADUATE DEGREES 

IN SCIENCE AND TECHNOLOGY

SEC. 1001. [50 U.S.C. § 3191]

(a) PROGRAM AUTHORIZED.—The Director of National Intelligence may carry 

out a program to provide scholarships and work-study for individuals who are 

pursuing graduate degrees in fields of study in science and technology that are 

identified by the Director as appropriate to meet the future needs of the 

intelligence community for qualified scientists and engineers. 

(b) ADMINISTRATION.—If the Director of National Intelligence carries out the 

program under subsection (a), the Director shall administer the program through 

the Office of the Director of National Intelligence.

(c) IDENTIFICATION OF FIELDS OF STUDY.—If the Director of National 

Intelligence carries out the program under subsection (a), the Director shall 

identify fields of study under subsection (a) in consultation with the other heads 

of the elements of the intelligence community.

(d) ELIGIBILITY FOR PARTICIPATION.—An individual eligible to participate in the 

program is any individual who—

(1) either—

(A) is an employee of the intelligence community; or

(B) meets criteria for eligibility for employment in the 

intelligence community that are established by the Director of 

National Intelligence;

(2) is accepted in a graduate degree program in a field of study in science 

or technology identified under subsection (a); and

(3) is eligible for a security clearance at the level of Secret or above.

(e) REGULATIONS.—If the Director of National Intelligence carries out the 

program under subsection (a), the Director shall prescribe regulations for 

purposes of the administration of this section.
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FRAMEWORK FOR CROSS-DISCIPLINARY EDUCATION AND TRAINING

SEC. 1002. [50 U.S.C. § 3192]

The Director of National Intelligence shall establish an integrated framework that 

brings together the educational components of the intelligence community in 

order to promote a more effective and productive intelligence community 

through cross-disciplinary education and joint training.

SUBTITLE B – FOREIGN LANGUAGES PROGRAM

PROGRAM ON ADVANCEMENT OF FOREIGN LANGUAGES 

CRITICAL TO THE INTELLIGENCE COMMUNITY

SEC. 1011. [50 U.S.C. § 3201] 

(a) IN GENERAL.—The Secretary of Defense and the Director of National 

Intelligence may jointly carry out a program to advance skills in foreign 

languages that are critical to the capability of the intelligence community to carry 

out the national security activities of the United States (hereinafter in this subtitle 

referred to as the “Foreign Languages Program”).

(b) IDENTIFICATION OF REQUISITE ACTIONS.—In order to carry out the Foreign 

Languages Program, the Secretary of Defense and the Director of National 

Intelligence shall jointly identify actions required to improve the education of 

personnel in the intelligence community in foreign languages that are critical to 

the capability of the intelligence community to carry out the national security 

activities of the United States and to meet the long-term intelligence needs of the 

United States.

EDUCATION PARTNERSHIPS

SEC. 1012. [50 U.S.C. § 3202] 

(a) IN GENERAL.—In carrying out the Foreign Languages Program, the head of a 

covered element of the intelligence community may enter into one or more 

education partnership agreements with educational institutions in the United 

States in order to encourage and enhance the study in such educational 

institutions of foreign languages that are critical to the capability of the 

intelligence community to carry out the national security activities of the United 

States.

(b) ASSISTANCE PROVIDED UNDER EDUCATIONAL PARTNERSHIP 

AGREEMENTS.—Under an educational partnership agreement entered into with 

an educational institution pursuant to this section, the head of a covered element 

of the intelligence community may provide the following assistance to the 

educational institution:
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(1) The loan of equipment and instructional materials of the element of

the intelligence community to the educational institution for any purpose 

and duration that the head of the element considers appropriate.

(2) Notwithstanding any other provision of law relating to the transfer of 

surplus property, the transfer to the educational institution of any 

computer equipment, or other equipment, that is—

(A) commonly used by educational institutions;

(B) surplus to the needs of the element of the intelligence 

community; and

(C) determined by the head of the element to be appropriate for 

support of such agreement.

(3) The provision of dedicated personnel to the educational institution—

(A) to teach courses in foreign languages that are critical to the 

capability of the intelligence community to carry out the national 

security activities of the United States; or

(B) to assist in the development for the educational institution of 

courses and materials on such languages.

(4) The involvement of faculty and students of the educational institution 

in research projects of the element of the intelligence community.

(5) Cooperation with the educational institution in developing a program 

under which students receive academic credit at the educational 

institution for work on research projects of the element of the 

intelligence community.

(6) The provision of academic and career advice and assistance to 

students of the educational institution.

(7) The provision of cash awards and other items that the head of the 

element of the intelligence community considers appropriate.

VOLUNTARY SERVICES

SEC. 1013. [50 U.S.C. § 3203] 

(a) AUTHORITY TO ACCEPT SERVICES.—Notwithstanding section 1342 of title 

31, United States Code, and subject to subsection (b), the Foreign Languages 

Program under section 1011 shall include authority for the head of a covered 

element of the intelligence community to accept from any dedicated personnel 

voluntary services in support of the activities authorized by this subtitle.

(b) REQUIREMENTS AND LIMITATIONS.—

(1) In accepting voluntary services from an individual under subsection 

(a), the head of a covered element of the intelligence community shall—

(A) supervise the individual to the same extent as the head of the 

element would supervise a compensated employee of that 

element providing similar services; and
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(B) ensure that the individual is licensed, privileged, has 

appropriate educational or experiential credentials, or is 

otherwise qualified under applicable law or regulations to 

provide such services.

(2) In accepting voluntary services from an individual under subsection 

(a) of this section, the head of a covered element of the intelligence 

community may not—

(A) place the individual in a policymaking position, or other 

position performing inherently governmental functions; or

(B) compensate the individual for the provision of such services.

(c) AUTHORITY TO RECRUIT AND TRAIN INDIVIDUALS PROVIDING SERVICES.—

The head of a covered element of the intelligence community may recruit and 

train individuals to provide voluntary services under subsection (a) of this 

section.

(d) STATUS OF INDIVIDUALS PROVIDING SERVICES.—

(1) Subject to paragraph (2), while providing voluntary services under 

subsection (a) of this section or receiving training under subsection (c) of 

this section, an individual shall be considered to be an employee of the 

Federal Government only for purposes of the following provisions of 

law:

(A) Section 552a of title 5, United States Code (relating to 

maintenance of records on individuals).

(B) Chapter 11 of title 18, United States Code (relating to 

conflicts of interest).

(2)(A) With respect to voluntary services under paragraph (1) provided 

by an individual that are within the scope of the services accepted under 

that paragraph, the individual shall be deemed to be a volunteer of a 

governmental entity or nonprofit institution for purposes of the Volunteer 

Protection Act of 1997 (42 U.S.C. 14501 et seq.).

(B) In the case of any claim against such an individual with 

respect to the provision of such services, section 4(d) of such Act 

(42 U.S.C. 14503(d)) shall not apply.

(3) Acceptance of voluntary services under this section shall have no 

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 community may 

reimburse an individual for incidental expenses incurred by the 

individual in providing voluntary services under subsection (a) of this 

section. The head of a covered element of the intelligence community 

shall determine which expenses are eligible for reimbursement under this 

subsection.
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(2) Reimbursement under paragraph (1) may be made from appropriated 

or nonappropriated funds.

(f) AUTHORITY TO INSTALL EQUIPMENT.—

(1) The head of a covered element of the intelligence community may 

install telephone lines and any necessary telecommunication equipment 

in the private residences of individuals who provide voluntary services 

under subsection (a) of this section).

(2) The head of a covered element of the intelligence community may 

pay the charges incurred for the use of equipment installed under 

paragraph (1) for authorized purposes.

(3) Notwithstanding section 1348 of title 31, United States Code, the 

head of a covered element of the intelligence community may use 

appropriated funds or nonappropriated funds of the element in carrying 

out this subsection.

REGULATIONS

SEC. 1014. [50 U.S.C. § 3204] 

(a) IN GENERAL.—The Secretary of Defense and the Director of National 

Intelligence shall jointly prescribe regulations to carry out the Foreign Languages 

Program.

(b) ELEMENTS OF THE INTELLIGENCE COMMUNITY.—The head of each covered 

element of the intelligence community shall prescribe regulations to carry out 

sections 1012 and 1013 with respect to that element including the following:

(1) Procedures to be utilized for the acceptance of voluntary services 

under section 1013.

(2) Procedures and requirements relating to the installation of equipment 

under section 1013(f).

DEFINITIONS

SEC. 1015. [50 U.S.C. § 3205]

In this subtitle:

(1) The term “covered element of the intelligence community” means an 

agency, office, bureau, or element referred to in subparagraphs (B) 

through (L) of section 3(4).

(2) The term “educational institution” means—

(A) a local educational agency (as that term is defined in section 

8101 of the Elementary and Secondary Education Act of 1965);

(B) an institution of higher education (as defined in section 102

of the Higher Education Act of 1965 (20 U.S.C. 1002) other than 
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institutions referred to in subsection (a)(1)(C) of such section); 

or

(C) any other nonprofit institution that provides instruction of 

foreign languages in languages that are critical to the capability 

of the intelligence community to carry out national security 

activities of the United States.

(3) The term “dedicated personnel” means employees of the intelligence 

community and private citizens (including former civilian employees of 

the Federal Government who have been voluntarily separated, and 

members of the United States Armed Forces who have been honorably 

discharged, honorably separated, or generally discharged under 

honorable circumstances and rehired on a voluntary basis specifically to 

perform the activities authorized under this subtitle).

SUBTITLE C – ADDITIONAL EDUCATION PROGRAMS

ASSIGNMENT OF INTELLIGENCE COMMUNITY PERSONNEL AS 

LANGUAGE STUDENTS

SEC. 1021. [50 U.S.C. § 3221] 

(a) IN GENERAL.—The Director of National Intelligence, acting through the 

heads of the elements of the intelligence community, may assign employees of 

such elements in analyst positions requiring foreign language expertise as 

students at accredited professional, technical, or other institutions of higher 

education for training at the graduate or undergraduate level in foreign languages 

required for the conduct of duties and responsibilities of such positions.

(b) AUTHORITY FOR REIMBURSEMENT OF COSTS OF TUITION AND TRAINING.—

(1) The Director of National Intelligence may reimburse an employee 

assigned under subsection (a) for the total cost of the training described 

in that subsection, including costs of educational and supplementary 

reading materials.

(2) The authority under paragraph (1) shall apply to employees who are 

assigned on a full-time or part-time basis.

(3) Reimbursement under paragraph (1) may be made from appropriated 

or nonappropriated funds.

(c) RELATIONSHIP TO COMPENSATION AS AN ANALYST.—Reimbursement under 

this section to an employee who is an analyst is in addition to any benefits, 

allowances, travel expenses, or other compensation the employee is entitled to by 

reason of serving in such an analyst position.
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PROGRAM ON RECRUITMENT AND TRAINING

SEC. 1022. [50 U.S.C. § 3222]

(a) PROGRAM.—

(1) The Director of National Intelligence shall carry out a program to 

ensure that selected students or former students are provided funds to 

continue academic training, or are reimbursed for academic training 

previously obtained, in areas of specialization that the Director, in 

consultation with the other heads of the elements of the intelligence 

community, identifies as areas in which the current capabilities of the 

intelligence community are deficient or in which future capabilities of 

the intelligence community are likely to be deficient.

(2) A student or former student selected for participation in the program 

shall commit to employment with an element of the intelligence 

community, following completion of appropriate academic training, 

under such terms and conditions as the Director considers appropriate.

(3) The program shall be known as the Pat Roberts Intelligence Scholars 

Program.

(b) ELEMENTS.—In carrying out the program under subsection (a), the Director 

shall—

(1) establish such requirements relating to the academic training of 

participants as the Director considers appropriate to ensure that 

participants are prepared for employment as intelligence professionals; 

and

(2) periodically review the areas of specialization of the elements of the 

intelligence community to determine the areas in which such elements 

are, or are likely to be, deficient in capabilities.

(c) USE OF FUNDS.—Funds made available for the program under 

subsection (a) shall be used—

(1) to provide a monthly stipend for each month that a student is 

pursuing a course of study;

(2) to pay the full tuition of a student or former student for the 

completion of such course of study;

(3) to pay for books and materials that the student or former student 

requires or required to complete such course of study;

(4) to pay the expenses of the student or former student for travel 

requested by an element of the intelligence community in relation to such 

program; or

(5) for such other purposes the Director considers reasonably appropriate 

to carry out such program.
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197

EDUCATIONAL SCHOLARSHIP PROGRAM

SEC. 1023. [50 U.S.C. § 3223] 

The head of a department or agency containing an element of the intelligence 

community may establish an undergraduate or graduate training program with 

respect to civilian employees and prospective civilian employees of such element 

similar in purpose, conditions, content, and administration to the program that the 

Secretary of Defense is authorized to establish under section 16 of the 

National Security Agency Act of 1959 [50 U.S.C. § 3614]. 

INTELLIGENCE OFFICER TRAINING PROGRAM

SEC. 1024. [50 U.S.C. § 3224] 

(a) PROGRAMS.—

(1) The Director of National Intelligence may carry out grant programs 

in accordance with subsections (b) and (c) to enhance the recruitment 

and retention of an ethnically and culturally diverse intelligence 

community workforce with capabilities critical to the national security 

interests of the United States.

(2) In carrying out paragraph (1), the Director shall identify the skills 

necessary to meet current or emergent needs of the intelligence 

community and the educational disciplines that will provide individuals 

with such skills.

(b) INSTITUTIONAL GRANT PROGRAM.—

(1) The Director may provide grants to institutions of higher education to 

support the establishment or continued development of programs of 

study in educational disciplines identified under subsection (a)(2).

(2) A grant provided under paragraph (1) may, with respect to the 

educational disciplines identified under subsection (a)(2), be used for the 

following purposes:

(A) Curriculum or program development.

(B) Faculty development.

(C) Laboratory equipment or improvements.

(D) Faculty research.

(c) GRANT PROGRAM FOR CERTAIN MINORITY-SERVING COLLEGES AND 

UNIVERSITIES.—

(1) The Director may provide grants to historically black colleges and 

universities and Predominantly Black Institutions, Hispanic Serving 

Institutions, and Asian American and Native American Pacific IslanderServing Institutions to provide programs of study in educational 

disciplines identified under subsection (a)(2) or described in paragraph 

(2).
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(2) A grant provided under paragraph (1) may be used to provide 

programs of study in the following educational disciplines:

(A) Intermediate and advanced foreign languages deemed in the 

immediate interest of the intelligence community, including 

Farsi, Pashto, Middle Eastern, African, and South Asian dialects.

(B) Study abroad programs and cultural immersion programs.

(d) APPLICATION.—An institution of higher education seeking a grant under this 

section shall submit an application describing the proposed use of the grant at 

such time and in such manner as the Director may require.

(e) REPORTS.—An institution of higher education that receives a grant under this 

section shall submit to the Director regular reports regarding the use of such 

grant, including—

(1) a description of the benefits to students who participate in the course 

of study funded by such grant;

(2) a description of the results and accomplishments related to such 

course of study; and

(3) any other information that the Director may require.

(f) REGULATIONS.—The Director shall prescribe such regulations as may be 

necessary to carry out this section.

(g) DEFINITIONS.—In this section:

(1) The term “Director” means the Director of National Intelligence.

(2) HISTORICALLY BLACK COLLEGE AND UNIVERSITY.—The term 

“historically black college and university” has the meaning given the 

term “part B institution” in section 322 of the Higher Education Act of 

1965 (20 U.S.C. 1061).

(3) The term “institution of higher education” has the meaning given the 

term in section 101 of the Higher Education Act of 1965 (20 U.S.C.

1001). 

(4) PREDOMINANTLY BLACK INSTITUTION.—The term “Predominantly 

Black Institution” has the meaning given the term in section 318 of the 

Higher education [sic] Act of 1965 (20 U.S.C. 1059e).

(5) HISPANIC-SERVING INSTITUTION.—The term “Hispanic-Serving 

Institution” has the meaning given the term in section 502(a)(5) of the 

Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)).

(6) ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDERSERVING INSTITUTION.—The term “Asian American and Native 

American Pacific Islander-Serving Institution” has the meaning given 

that term in section 320(b)(2) of the Higher Education Act of 1965 (20 

U.S.C. 1059(g)(b)(2)).

(7) STUDY ABROAD PROGRAM.—The term “study abroad program”

means a program of study that—
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(A) takes places [sic] outside the geographical boundaries of the 

United States;

(B) focuses on areas of the world that are critical to the national 

security interests of the United States and are generally 

underrepresented in study abroad programs at institutions of 

higher education, including Africa, Asia, Central and Eastern 

Europe, Eurasia, Latin America, and the Middle East; and

(C) is a credit or noncredit program.

TITLE XI—ADDITIONAL MISCELLANEOUS PROVISIONS

APPLICABILITY TO UNITED STATES INTELLIGENCE ACTIVITIES OF FEDERAL 

LAWS IMPLEMENTING INTERNATIONAL TREATIES AND AGREEMENTS

SEC. 1101. [50 U.S.C. § 3231]

(a) IN GENERAL.—No Federal law enacted on or after December 27, 2000, that 

implements a treaty or other international agreement shall be construed as 

making unlawful an otherwise lawful and authorized intelligence activity of the 

United States Government or its employees, or any other person to the extent 

such other person is carrying out such activity on behalf of, and at the direction 

of, the United States, unless such Federal law specifically addresses such 

intelligence activity.

(b) AUTHORIZED INTELLIGENCE ACTIVITIES.—An intelligence activity shall be 

treated as authorized for purposes of subsection (a) of this section if the 

intelligence activity is authorized by an appropriate official of the United States 

Government, acting within the scope of the official duties of that official and in 

compliance with Federal law and any applicable Presidential directive.

COUNTERINTELLIGENCE INITIATIVES

SEC. 1102. [50 U.S.C. § 3232] 

(a) INSPECTION PROCESS.—In order to protect intelligence sources and methods 

from unauthorized disclosure, the Director of National Intelligence shall establish 

and implement an inspection process for all agencies and departments of the 

United States that handle classified information relating to the national security 

of the United States intended to assure that those agencies and departments 

maintain effective operational security practices and programs directed against 

counterintelligence activities.

(b) ANNUAL REVIEW OF DISSEMINATION LISTS.— The Director of National 

Intelligence shall establish and implement a process for all elements of the 

intelligence community to review, on an annual basis, individuals included on 

distribution lists for access to classified information. Such process shall ensure 
NATIONAL SECURITY ACT OF 1947

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that only individuals who have a particularized “need to know” (as determined by 

the Director) are continued on such distribution lists.

(c) COMPLETION OF FINANCIAL DISCLOSURE STATEMENTS REQUIRED FOR 

ACCESS TO CERTAIN CLASSIFIED INFORMATION.—The Director of National 

Intelligence shall establish and implement a process by which each head of an 

element of the intelligence community directs that all employees of that element, 

in order to be granted access to classified information referred to in subsection 

(a) of section 1.3 of Executive Order No. 12968 (August 2, 1995; 60 Fed. Reg. 

40245; [50 U.S.C. § 3161 note]), submit financial disclosure forms as required 

under subsection (b) of such section.

(d) ARRANGEMENTS TO HANDLE SENSITIVE INFORMATION.—The Director of 

National Intelligence shall establish, for all elements of the intelligence 

community, programs and procedures by which sensitive classified information 

relating to human intelligence is safeguarded against unauthorized disclosure by 

employees of those elements.

MISUSE OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE 

NAME, INITIALS, OR SEAL

SEC. 1103. [50 U.S.C. § 3233] 

(a) PROHIBITED ACTS.—No person may, except with the written permission of 

the Director of National Intelligence, or a designee of the Director, knowingly 

use the words “Office of the Director of National Intelligence”, the initials 

“ODNI”, the seal of the Office of the Director of National Intelligence, or any 

colorable imitation of such words, initials, or seal in connection with any 

merchandise, impersonation, solicitation, or commercial activity in a manner 

reasonably calculated to convey the impression that such use is approved, 

endorsed, or authorized by the Director of National Intelligence.

(b) INJUNCTION.—Whenever it appears to the Attorney General that any person 

is engaged or is about to engage in an act or practice which constitutes or will 

constitute conduct prohibited by subsection (a), the Attorney General may initiate 

a civil proceeding in a district court of the United States to enjoin such act or 

practice. Such court shall proceed as soon as practicable to the hearing and 

determination of such action and may, at any time before final determination, 

enter such restraining orders or prohibitions, or take such other action as is 

warranted, to prevent injury to the United States or to any person or class of 

persons for whose protection the action is brought.

PROHIBITED PERSONNEL PRACTICES IN THE INTELLIGENCE COMMUNITY

SEC. 1104. [50 U.S.C. § 3234] 

(a) DEFINITIONS.—In this section:
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(1) AGENCY.—The term “agency” means an executive department or 

independent establishment, as defined under sections 101 and 104 of title 

5, United States Code, that contains an intelligence community element, 

except the Federal Bureau of Investigation.

(2) COVERED INTELLIGENCE COMMUNITY ELEMENT.—The term 

“covered intelligence community element”—

(A) means—

(i) the Central Intelligence Agency, the Defense 

Intelligence Agency, the National GeospatialIntelligence Agency, the National Security Agency, the 

Office of the Director of National Intelligence, and the 

National Reconnaissance Office; and

(ii) any executive agency or unit thereof determined by 

the President under section 2302(a)(2)(C)(ii) of title 5, 

United States Code, to have as its principal function the 

conduct of foreign intelligence or counterintelligence 

activities; and

(B) does not include the Federal Bureau of Investigation.

(3) PERSONNEL ACTION.—The term “personnel action” means, with 

respect to an employee in a position in a covered intelligence community 

element (other than a position excepted from the competitive service due 

to its confidential, policy-determining, policymaking, or policyadvocating character) or a contractor employee—

(A) an appointment;

(B) a promotion;

(C) a disciplinary or corrective action;

(D) a detail, transfer, or reassignment;

(E) a demotion, suspension, or termination;

(F) a reinstatement or restoration;

(G) a performance evaluation;

(H) a decision concerning pay, benefits, or awards;

(I) a decision concerning education or training if such education 

or training may reasonably be expected to lead to an 

appointment, promotion, or performance evaluation; or

(J) any other significant change in duties, responsibilities, or 

working conditions.

(4) CONTRACTOR EMPLOYEE.—The term “contractor employee” means 

an employee of a contractor, subcontractor, grantee, subgrantee, or 

personal services contractor, of a covered intelligence community 

element.

(b) AGENCY EMPLOYEES.—Any employee of an agency who has authority to 

take, direct others to take, recommend, or approve any personnel action, shall 
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202

not, with respect to such authority, take or fail to take a personnel action with 

respect to any employee of a covered intelligence community element as a 

reprisal for a lawful disclosure of information by the employee to the Director of 

National Intelligence (or an employee designated by the Director of National 

Intelligence for such purpose), the Inspector General of the Intelligence 

Community, the head of the employing agency (or an employee designated by 

the head of that agency for such purpose), the appropriate inspector general of the 

employing agency, a congressional intelligence committee, or a member of a 

congressional intelligence committee, which the employee reasonably believes 

evidences—

(1) a violation of any Federal law, rule, or regulation; or

(2) mismanagement, a gross waste of funds, an abuse of authority, or a 

substantial and specific danger to public health or safety.

(c) CONTRACTOR EMPLOYEES.—

(1) Any employee of a contractor, subcontractor, grantee, subgrantee, or 

personal services contractor, of a covered intelligence community 

element who has authority to take, direct others to take, recommend, or 

approve any personnel action, shall not, with respect to such authority, 

take or fail to take a personnel action with respect to any contractor 

employee as a reprisal for a lawful disclosure of information by the 

contractor employee to the Director of National Intelligence (or an 

employee designated by the Director of National Intelligence for such 

purpose), the Inspector General of the Intelligence Community, the head 

of the contracting agency (or an employee designated by the head of that 

agency for such purpose), the appropriate inspector general of the 

contracting agency, a congressional intelligence committee, or a member 

of a congressional intelligence committee, which the contractor 

employee reasonably believes evidences—

(A) a violation of any Federal law, rule, or regulation (including 

with respect to evidence of another employee or contractor 

employee accessing or sharing classified information without 

authorization); or

(B) gross mismanagement, a gross waste of funds, an abuse of 

authority, or a substantial and specific danger to public health or 

safety.

(2) A personnel action under paragraph (1) is prohibited even if the 

action is undertaken at the request of an agency official, unless the 

request takes the form of a nondiscretionary directive and is within the 

authority of the agency official making the request.

(d) ENFORCEMENT.—The President shall provide for the enforcement of this 

section.
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(e) EXISTING RIGHTS PRESERVED.—Nothing in this section shall be construed 

to—

(1) preempt or preclude any employee, contractor employee, or applicant 

for employment, at the Federal Bureau of Investigation from exercising 

rights provided under any other law, rule, or regulation, including section 

2303 of title 5, United States Code; or

(2) repeal section 2303 of title 5, United States Code.

SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED 

DISCLOSURES OF CLASSIFIED INFORMATION

SEC. 1105. [50 U.S.C. § [3235]] 

(a) DEFINITIONS.—In this section:

(1) COVERED OFFICIAL.—The term “covered official” means—

(A) the heads of each element of the intelligence community; 

and

(B) the inspectors general with oversight responsibility for an 

element of the intelligence community.

(2) INVESTIGATION.—The term “investigation” means any inquiry, 

whether formal or informal, into the existence of an unauthorized public 

disclosure of classified information.

(3) UNAUTHORIZED DISCLOSURE OF CLASSIFIED INFORMATION.—The 

term “unauthorized disclosure of classified information” means any 

unauthorized disclosure of classified information to any recipient.

(4) UNAUTHORIZED PUBLIC DISCLOSURE OF CLASSIFIED 

INFORMATION.—The term “unauthorized public disclosure of classified 

information” means the unauthorized disclosure of classified information 

to a journalist or media organization.

(b) INTELLIGENCE COMMUNITY REPORTING.—

(1) IN GENERAL.—Not less frequently than once every 6 months, each 

covered official shall submit to the congressional intelligence committees 

a report on investigations of unauthorized public disclosures of classified 

information.

(2) ELEMENTS.—Each report submitted under paragraph (1) shall 

include, with respect to the preceding 6-month period, the following:

(A) The number of investigations opened by the covered official 

regarding an unauthorized public disclosure of classified 

information.

(B) The number of investigations completed by the covered 

official regarding an unauthorized public disclosure of classified 

information.
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(C) Of the number of such completed investigations identified 

under subparagraph (B), the number referred to the Attorney 

General for criminal investigation.

(c) DEPARTMENT OF JUSTICE REPORTING.—

(1) IN GENERAL.—Not less frequently than once every 6 months, the 

Assistant Attorney General for National Security of the Department of 

Justice, in consultation with the Director of the Federal Bureau of 

Investigation, shall submit to the congressional intelligence committees, 

the Committee on the Judiciary of the Senate, and the Committee on the 

Judiciary of the House of Representatives a report on the status of each 

referral made to the Department of Justice from any element of the 

intelligence community regarding an unauthorized disclosure of 

classified information made during the most recent 365-day period or 

any referral that has not yet been closed, regardless of the date the 

referral was made.

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

include, for each referral covered by the report, at a minimum, the 

following:

(A) The date the referral was received.

(B) A statement indicating whether the alleged unauthorized 

disclosure described in the referral was substantiated by the 

Department of Justice.

(C) A statement indicating the highest level of classification of 

the information that was revealed in the unauthorized disclosure.

(D) A statement indicating whether an open criminal 

investigation related to the referral is active.

(E) A statement indicating whether any criminal charges have 

been filed related to the referral.

(F) A statement indicating whether the Department of Justice has 

been able to attribute the unauthorized disclosure to a particular 

entity or individual.

(d) FORM OF REPORTS.—Each report submitted under this section shall be 

submitted in unclassified form, but may have a classified annex.

INSPECTOR GENERAL EXTERNAL REVIEW PANEL

SEC. 1106. [50 U.S.C. § [3236]] 

(a) REQUEST FOR REVIEW.—An individual with a claim described in subsection 

(b) may submit to the Inspector General of the Intelligence Community a request

for a review of such claim by an external review panel convened under 

subsection (c).
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(b) CLAIMS AND INDIVIDUALS DESCRIBED.—A claim described in this 

subsection is any—

(1) claim by an individual—

(A) that the individual has been subjected to a personnel action 

that is prohibited under section 1104; and

(B) who has exhausted the applicable review process for the 

claim pursuant to enforcement of such section; or

(2) claim by an individual—

(A) that he or she has been subjected to a reprisal prohibited by 

paragraph (1) of section 3001(j) of the Intelligence Reform and 

Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)); and

(B) who received a decision on an appeal regarding that claim 

under paragraph (4) of such section.

(c) EXTERNAL REVIEW PANEL CONVENED.—

(1) DISCRETION TO CONVENE.—Upon receipt of a request under 

subsection (a) regarding a claim, the Inspector General of the 

Intelligence Community may, at the discretion of the Inspector General, 

convene an external review panel under this subsection to review the 

claim.

(2) MEMBERSHIP.—

(A) COMPOSITION.—An external review panel convened under 

this subsection shall be composed of three members as follows:

(i) The Inspector General of the Intelligence 

Community.

(ii) Except as provided in subparagraph (B), two 

members selected by the Inspector General as the 

Inspector General considers appropriate on a case-bycase basis from among inspectors general of the 

following:

(I) The Department of Defense.

(II) The Department of Energy.

(III) The Department of Homeland Security.

(IV) The Department of Justice.

(V) The Department of State.

(VI) The Department of the Treasury.

(VII) The Central Intelligence Agency.

(VIII) The Defense Intelligence Agency.

(IX) The National Geospatial-Intelligence 

Agency.

(X) The National Reconnaissance Office.

(XI) The National Security Agency.
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(B) LIMITATION.—An inspector general of an agency may not be 

selected to sit on the panel under subparagraph (A)(ii) to review 

any matter relating to a decision made by such agency.

(C) CHAIRPERSON.—

(i) IN GENERAL.—Except as provided in clause (ii), the 

chairperson of any panel convened under this subsection 

shall be the Inspector General of the Intelligence 

Community.

(ii) CONFLICTS OF INTEREST.—If the Inspector General 

of the Intelligence Community finds cause to recuse 

himself or herself from a panel convened under this 

subsection, the Inspector General of the Intelligence 

Community shall—

(I) select a chairperson from inspectors general 

of the elements listed under subparagraph (A)(ii) 

whom the Inspector General of the Intelligence 

Community considers appropriate; and

(II) notify the congressional intelligence 

committees of such selection.

(3) PERIOD OF REVIEW.—Each external review panel convened under 

this subsection to review a claim shall complete review of the claim no 

later than 270 days after the date on which the Inspector General 

convenes the external review panel.

(d) REMEDIES.—

(1) PANEL RECOMMENDATIONS.—If an external review panel convened 

under subsection (c) determines, pursuant to a review of a claim 

submitted by an individual under subsection (a), that the individual was 

the subject of a personnel action prohibited under section 1104 or was 

subjected to a reprisal prohibited by section 3001(j)(1) of the Intelligence 

Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)), 

the panel may recommend that the agency head take corrective action—

(A) in the case of an employee or former employee—

(i) to return the employee or former employee, as nearly 

as practicable and reasonable, to the position such 

employee or former employee would have held had the 

reprisal not occurred; or

(ii) reconsider the employee’s or former employee’s 

eligibility for access to classified information consistent 

with national security; or

(B) in any other case, such other action as the external review 

panel considers appropriate.

(2) AGENCY ACTION.—
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207

(A) IN GENERAL.—Not later than 90 days after the date on 

which the head of an agency receives a recommendation from an 

external review panel under paragraph (1), the head shall—

(i) give full consideration to such recommendation; and

(ii) inform the panel and the Director of National 

Intelligence of what action the head has taken with 

respect to the recommendation.

(B) FAILURE TO INFORM.—The Director shall notify the 

President of any failures to comply with subparagraph (A)(ii).

(e) ANNUAL REPORTS.—

(1) IN GENERAL.—Not less frequently than once each year, the Inspector 

General of the Intelligence Community shall submit to the congressional 

intelligence committees and the Director of National Intelligence a report 

on the activities under this section during the previous year.

(2) CONTENTS.—Subject to such limitations as the Inspector General of 

the Intelligence Community considers necessary to protect the privacy of 

an individual who has made a claim described in subsection (b), each 

report submitted under paragraph (1) shall include, for the period 

covered by the report, the following:

(A) The determinations and recommendations made by the 

external review panels convened under this section.

(B) The responses of the heads of agencies that received 

recommendations from the external review panels.

ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN THE 

UNITED STATES BY THE COMMUNIST PARTY OF CHINA

SEC. 1107. [50 U.S.C. § [3237]] 

(a) REQUIREMENT.—On an annual basis, consistent with the protection of 

intelligence sources and methods, the Director of the National 

Counterintelligence and Security Center shall submit to the congressional 

intelligence committees, the Committee on Foreign Affairs of the House of 

Representatives, and the Committee on Foreign Relations of the Senate a report 

on the influence operations and campaigns in the United States conducted by the 

Communist Party of China.

(b) CONTENTS.—Each report under subsection (a) shall include the following:

(1) A description of the organization of the United Front Work 

Department of the People’s Republic of China, or the successors of the 

United Front Work Department, and the links between the United Front 

Work Department and the Central Committee of the Communist Party of 

China.
NATIONAL SECURITY ACT OF 1947

208

(2) An assessment of the degree to which organizations that are 

associated with or receive funding from the United Front Work 

Department, particularly such entities operating in the United States, are 

formally tasked by the Chinese Communist Party or the Government of 

China.

(3) A description of the efforts by the United Front Work Department 

and subsidiary organizations of the United Front Work Department to 

target, coerce, and influence foreign populations, particularly those of 

ethnic Chinese descent.

(4) An assessment of attempts by the Chinese Embassy, consulates, and 

organizations affiliated with the Chinese Communist Party (including, at 

a minimum, the United Front Work Department) to influence the United 

States-based Chinese Student Scholar Associations.

(5) A description of the evolution of the role of the United Front Work 

Department under the leadership of the President of China.

(6) An assessment of the activities of the United Front Work Department 

designed to influence the opinions of elected leaders of the United States,

or candidates for elections in the United States, with respect to issues of 

importance to the Chinese Communist Party.

(7) A listing of all known organizations affiliated with the United Front 

Work Department that are operating in the United States as of the date of 

the report.

(8) With respect to reports submitted after the first report, an assessment 

of the change in goals, tactics, techniques, and procedures of the 

influence operations and campaigns conducted by the Chinese 

Communist Party.

(c) COORDINATION.—In carrying out subsection (a), the Director shall coordinate 

with the Director of the Federal Bureau of Investigation, the Director of the 

Central Intelligence Agency, the Director of the National Security Agency, and 

any other relevant head of an element of the intelligence community.

(d) FORM.—Each report submitted under subsection (a) shall be submitted in 

unclassified form, but may include a classified annex.

ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN THE 

UNITED STATES BY THE RUSSIAN FEDERATION

SEC. 1108. [50 U.S.C. § 3238] 

(a) REQUIREMENT.—On an annual basis, the Director of the National 

Counterintelligence and Security Center shall submit to the congressional 

intelligence committees a report on the influence operations and campaigns in the 

United States conducted by the Russian Federation.

(b) CONTENTS.—Each report under subsection (a) shall include the following:
NATIONAL SECURITY ACT OF 1947

209

(1) A description and listing of the Russian organizations and persons 

involved in influence operations and campaigns operating in the United 

States as of the date of the report.

(2) An assessment of organizations that are associated with or receive 

funding from organizations and persons identified in paragraph (1), 

particularly such entities operating in the United States.

(3) A description of the efforts by the organizations and persons 

identified in paragraph (1) to target, coerce, and influence populations 

within the United States.

(4) An assessment of the activities or the organizations and persons 

identified in paragraph (1) designed to influence the opinions of elected 

leaders of the United States or candidates for election in the United 

States.

(5) With respect to reports submitted after the first report, an assessment 

of the change in goals, tactics, techniques, and procedures of the 

influence operations and campaigns conducted by the organizations and 

persons identified in paragraph (1).

(c) COORDINATION.—In carrying out subsection (a), the Director shall coordinate 

with the Director of the Federal Bureau of Investigation, the Director of the 

Central Intelligence Agency, the Director of the National Security Agency, and 

any other relevant head of an element of the intelligence community.

(d) FORM.—Each report submitted under subsection (a) shall be submitted in 

unclassified form, but may include a classified annex.
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

210

INTELLIGENCE REFORM AND TERRORISM

PREVENTION ACT OF 2004[1]

[Public Law 108-458; 118 STAT. 3638; December 17, 2004]

AN ACT To reform the intelligence community and the intelligence and 

intelligence-related activities of the United States Government, and for other 

purposes. 

Be it enacted by the Senate and House of Representatives of the United States of 

America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the “Intelligence Reform and 

Terrorism Prevention Act of 2004”.

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:

TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY

SUBTITLE A—ESTABLISHMENT OF DIRECTOR OF NATIONAL INTELLIGENCE

Sec. 1016. Information sharing.

SUBTITLE F—PRIVACY AND CIVIL LIBERTIES

Sec. 1061. Privacy and Civil Liberties Oversight Board.

Sec. 1062. Privacy and civil liberties officers. 

TITLE III—SECURITY CLEARANCES

Sec. 3001. Security clearances.

TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY

SUBTITLE A—ESTABLISHMENT OF THE DIRECTOR OF NATIONAL 

INTELLIGENCE

 1 Only select provisions are included, as reflected in the table of contents excerpt.
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

211

INFORMATION SHARING

SEC. 1016. [6 U.S.C. § 485]

(a) DEFINITIONS—In this section:

(1) HOMELAND SECURITY INFORMATION.—The term “homeland 

security information” has the meaning given that term in section 892(f) 

of the Homeland Security Act of 2002 (6 U.S.C. 482(f)).

(2) INFORMATION SHARING COUNCIL.—The term “Information Sharing 

Council” means the Information Systems Council established by 

Executive Order 13356, or any successor body designated by the 

President, and referred to under subsection (g).

(3) INFORMATION SHARING ENVIRONMENT.—The terms “information 

sharing environment” and “ISE” mean an approach that facilitates the 

sharing of terrorism and homeland security information, which may 

include any method determined necessary and appropriate for carrying 

out this section.

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

program manager designated under subsection (f).

(5) TERRORISM INFORMATION.—The term “terrorism information”—

(A) means all information, whether collected, produced, or 

distributed by intelligence, law enforcement, military, homeland 

security, or other activities relating to—

(i) the existence, organization, capabilities, plans, 

intentions, vulnerabilities, means of finance or material 

support, or activities of foreign or international terrorist 

groups or individuals, or of domestic groups or 

individuals involved in transnational terrorism;

(ii) threats posed by such groups or individuals to the 

United States, United States persons, or United States 

interests, or to those of other nations;

(iii) communications of or by such groups or individuals; 

or

(iv) groups or individuals reasonably believed to be 

assisting or associated with such groups or individuals; 

and

(B) includes weapons of mass destruction information.

(6) WEAPONS OF MASS DESTRUCTION INFORMATION.—The term 

“weapons of mass destruction information” means information that could 

reasonably be expected to assist in the development, proliferation, or use 

of a weapon of mass destruction (including a chemical, biological, 

radiological, or nuclear weapon) that could be used by a terrorist or a 

terrorist organization against the United States, including information 
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

212

about the location of any stockpile of nuclear materials that could be 

exploited for use in such a weapon that could be used by a terrorist or a 

terrorist organization against the United States.

(b) INFORMATION SHARING ENVIRONMENT.—

(1) ESTABLISHMENT.—The Director of National Intelligence shall—

(A) create an information sharing environment for the sharing of 

terrorism information in a manner consistent with national 

security and with applicable legal standards relating to privacy 

and civil liberties;

(B) designate the organizational and management structures that 

will be used to operate and manage the ISE; and

(C) determine and enforce the policies, directives, and rules that 

will govern the content and usage of the ISE.

(2) ATTRIBUTES.—The Director of National Intelligence shall, through 

the structures described in subparagraphs (B) and (C) of paragraph (1), 

ensure that the ISE provides and facilitates the means for sharing 

terrorism information among all appropriate Federal, State, local, and 

tribal entities, and the private sector through the use of policy guidelines 

and technologies. The Director of National Intelligence shall, to the 

greatest extent practicable, ensure that the ISE provides the functional 

equivalent of, or otherwise supports, a decentralized, distributed, and 

coordinated environment that—

(A) connects existing systems, where appropriate, provides no 

single points of failure, and allows users to share information 

among agencies, between levels of government, and, as 

appropriate, with the private sector;

(B) ensures direct and continuous online electronic access to 

information;

(C) facilitates the availability of information in a form and 

manner that facilitates its use in analysis, investigations and 

operations;

(D) builds upon existing systems capabilities currently in use 

across the Government;

(E) employs an information access management approach that 

controls access to data rather than just systems and networks, 

without sacrificing security;

(F) facilitates the sharing of information at and across all levels 

of security;

(G) provides directory services, or the functional equivalent, for 

locating people and information;

(H) incorporates protections for individuals’ privacy and civil 

liberties; 
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213

(I) incorporates strong mechanisms to enhance accountability 

and facilitate oversight, including audits, authentication, and 

access controls;

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

sharing environment, including any such information in legacy 

technologies;

(K) integrates technologies, including all legacy technologies, 

through Internet-based services, consistent with appropriate 

security protocols and safeguards, to enable connectivity among 

required users at the Federal, State, and local levels;

(L) allows the full range of analytic and operational activities 

without the need to centralize information within the scope of the 

information sharing environment;

(M) permits analysts to collaborate both independently and in a 

group (commonly known as “collective and noncollective 

collaboration”), and across multiple levels of national security 

information and controlled unclassified information;

(N) provides a resolution process that enables changes by 

authorized officials regarding rules and policies for the access, 

use, and retention of information within the scope of the 

information sharing environment; and

(O) incorporates continuous, real-time, and immutable audit 

capabilities, to the maximum extent practicable.

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

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

Information Sharing Council—

(1) submit to the President and Congress a description of the 

technological, legal, and policy issues presented by the creation of the 

ISE, and the way in which these issues will be addressed;

(2) establish an initial capability to provide electronic directory services, 

or the functional equivalent, to assist in locating in the Federal 

Government intelligence and terrorism information and people with 

relevant knowledge about intelligence and terrorism information; and

(3) conduct a review of relevant current Federal agency capabilities, 

databases, and systems for sharing information.

(d) GUIDELINES AND REQUIREMENTS.—As soon as possible, but in no event later 

than 270 days after the date of the enactment of this Act, the President shall—

(1) leverage all ongoing efforts consistent with establishing the ISE and 

issue guidelines for acquiring, accessing, sharing, and using information, 

including guidelines to ensure that information is provided in its most 

shareable form, such as by using tearlines to separate out data from the 

sources and methods by which the data are obtained;
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214

(2) in consultation with the Privacy and Civil Liberties Oversight Board 

established under section 1061, issue guidelines that—

(A) protect privacy and civil liberties in the development and use 

of the ISE; and

(B) shall be made public, unless nondisclosure is clearly 

necessary to protect national security; and

(3) require the heads of Federal departments and agencies to promote a 

culture of information sharing by—

(A) reducing disincentives to information sharing, including 

over-classification of information and unnecessary requirements 

for originator approval, consistent with applicable laws and 

regulations; and

(B) providing affirmative incentives for information sharing.

(e) IMPLEMENTATION PLAN REPORT.—Not later than one year after the date of 

the enactment of this Act, the President shall, with the assistance of the program 

manager, submit to Congress a report containing an implementation plan for the 

ISE. The report shall include the following:

(1) A description of the functions, capabilities, resources, and conceptual 

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 associated 

with designing, testing, integrating, deploying, and operating the ISE.

(4) A project plan for designing, testing, integrating, deploying, and 

operating the ISE.

(5) The policies and directives referred to in subsection (b)(1)(C), as well 

as the metrics and enforcement mechanisms that will be utilized.

(6) Objective, systemwide performance measures to enable the 

assessment of progress toward achieving the full implementation of the 

ISE.

(7) A description of the training requirements needed to ensure that the 

ISE will be adequately implemented and properly utilized.

(8) A description of the means by which privacy and civil liberties will 

be protected in the design and operation of the ISE.

(9) The recommendations of the program manager, in consultation with 

the Information Sharing Council, regarding whether, and under what 

conditions, the ISE should be expanded to include other intelligence

information.

(10) A delineation of the roles of the Federal departments and agencies 

that will participate in the ISE, including an identification of the agencies 

that will deliver the infrastructure needed to operate and manage the ISE 
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

215

(as distinct from individual department or agency components that are 

part of the ISE), with such delineation of roles to be consistent with—

(A) the authority of the Director of National Intelligence under 

this title, and the amendments made by this title, to set standards

for information sharing throughout the intelligence community; 

and

(B) the authority of the Secretary of Homeland Security and the 

Attorney General, and the role of the Department of Homeland 

Security and the Department of Justice, in coordinating with 

State, local, and tribal officials and the private sector.

(11) The recommendations of the program manager, in consultation with 

the Information Sharing Council, for a future management structure for 

the ISE, including whether the position of program manager should 

continue to remain in existence.

(f) PROGRAM MANAGER.—

(1) DESIGNATION.—Not later than 120 days after the date of the 

enactment of this Act, with notification to Congress, the President shall 

designate an individual as the program manager responsible for 

information sharing across the Federal Government. Beginning on the 

date of the enactment of the Damon Paul Nelson and Matthew Young 

Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019 and 

2020, each individual designated as the program manager shall be 

appointed by the Director of National Intelligence. The program 

manager, in consultation with the head of any affected department or 

agency, shall have and exercise government-wide authority over the 

sharing of information within the scope of the information sharing 

environment, including homeland security information, terrorism 

information, and weapons of mass destruction information, by all Federal 

departments, agencies, and components, irrespective of the Federal 

department, agency, or component in which the program manager may 

be administratively located, except as otherwise expressly provided by 

law.

(2) DUTIES AND RESPONSIBILITIES.—

(A) IN GENERAL.—The program manager shall, in consultation 

with the Information Sharing Council—

(i) plan for and oversee the implementation of, and 

manage, the ISE;

(ii) assist in the development of policies, as appropriate, 

to foster the development and proper operation of the 

ISE;

(iii) consistent with the direction and policies issued by 

the President, the Director of National Intelligence, and 
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216

the Director of the Office of Management and Budget, 

issue governmentwide procedures, guidelines, 

instructions, and functional standards, as appropriate, for 

the management, development, and proper operation of 

the ISE;

(iv) identify and resolve information sharing disputes 

between Federal departments, agencies, and 

components; and

(v) assist, monitor, and assess the implementation of the 

ISE by Federal departments and agencies to ensure 

adequate progress, technological consistency and policy 

compliance; and regularly report the findings to 

Congress.

(B) CONTENT OF POLICIES, PROCEDURES, GUIDELINES, RULES,

AND STANDARDS.—The policies, procedures, guidelines, rules, 

and standards under subparagraph (A)(ii) shall—

(i) take into account the varying missions and security 

requirements of agencies participating in the ISE;

(ii) address development, implementation, and oversight 

of technical standards and requirements;

(iii) take into account ongoing and planned efforts that 

support development, implementation and management 

of the ISE;

(iv) address and facilitate information sharing between 

and among departments and agencies of the intelligence 

community, the Department of Defense, the homeland 

security community and the law enforcement 

community;

(v) address and facilitate information sharing between 

Federal departments and agencies and State, tribal, and 

local governments;

(vi) address and facilitate, as appropriate, information 

sharing between Federal departments and agencies and 

the private sector;

(vii) address and facilitate, as appropriate, information 

sharing between Federal departments and agencies with 

foreign partners and allies; and

(viii) ensure the protection of privacy and civil liberties.

(g) INFORMATION SHARING COUNCIL.—

(1) ESTABLISHMENT.—There is established an Information Sharing 

Council that shall assist the President and the program manager in their 

duties under this section. The Information Sharing Council shall serve 
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

217

until removed from service or replaced by the President (at the sole 

discretion of the President) with a successor body.

(2) SPECIFIC DUTIES.—In assisting the President and the program 

manager in their duties under this section, the Information Sharing 

Council shall—

(A) advise the President and the program manager in developing 

policies, procedures, guidelines, roles, and standards necessary 

to establish, implement, and maintain the ISE;

(B) work to ensure coordination among the Federal departments 

and agencies participating in the ISE in the establishment, 

implementation, and maintenance of the ISE;

(C) identify and, as appropriate, recommend the consolidation 

and elimination of current programs, systems, and processes 

used by Federal departments and agencies to share information, 

and recommend, as appropriate, the redirection of existing 

resources to support the ISE;

(D) identify gaps, if any, between existing technologies, 

programs and systems used by Federal departments and agencies 

to share information and the parameters of the proposed 

information sharing environment;

(E) recommend solutions to address any gaps identified under 

subparagraph (D);

(F) recommend means by which the ISE can be extended to 

allow interchange of information between Federal departments 

and agencies and appropriate authorities of State and local 

governments; 

(G) assist the program manager in identifying and resolving 

information sharing disputes between Federal departments, 

agencies, and components;

(H) identify appropriate personnel for assignment to the program 

manager to support staffing needs identified by the program 

manager; and

(I) recommend whether or not, and by which means, the ISE 

should be expanded so as to allow future expansion 

encompassing other relevant categories of information.

(3) CONSULTATION.—In performing its duties, the Information Sharing 

Council shall consider input from persons and entities outside the Federal 

Government having significant experience and expertise in policy, 

technical matters, and operational matters relating to the ISE.

(4) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—The 

Information Sharing Council (including any subsidiary group of the 
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

218

Information Sharing Council) shall not be subject to the requirements of

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 manager, on a 

reimbursable basis, appropriate personnel identified under paragraph 

(2)(H).

(h) PERFORMANCE MANAGEMENT REPORTS.—

(1) IN GENERAL.—Not later than two years after the date of the 

enactment of this Act, and not later than June 30 of each year thereafter, 

the President shall submit to Congress a report on the state of the ISE and 

of information sharing across the Federal Government.

(2) CONTENT.—Each report under this subsection shall include—

(A) a progress report on the extent to which the ISE has been 

implemented, including how the ISE has fared on the 

performance measures and whether the performance goals set in 

the preceding year have been met;

(B) objective system-wide performance goals for the following 

year;

(C) an accounting of how much was spent on the ISE in the 

preceding year;

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

in systems and technology are consistent with the 

implementation plan for the ISE;

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

combined searching in real time through the ISE and whether 

there are consistent standards for placing individuals on, and 

removing individuals from, the watch lists, including the 

availability of processes for correcting errors;

(F) the extent to which State, tribal, and local officials are 

participating in the ISE;

(G) the extent to which private sector data, including information 

from owners and operators of critical infrastructure, is 

incorporated in the ISE, and the extent to which individuals and 

entities outside the government are receiving information 

through the ISE;

(H) the measures taken by the Federal government to ensure the 

accuracy of information in the ISE, in particular the accuracy of 

information about individuals;

(I) an assessment of the privacy and civil liberties protections of 

the ISE, including actions taken in the preceding year to 

implement or enforce privacy and civil liberties protections; and
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219

(J) an assessment of the security protections used in the ISE.

(i) AGENCY RESPONSIBILITIES.—The head of each department or agency that 

possesses or uses intelligence or terrorism information, operates a system in the 

ISE, or otherwise participates (or expects to participate) in the ISE shall—

(1) ensure full department or agency compliance with information 

sharing policies, procedures, guidelines, rules, and standards established 

under subsections (b) and (f);

(2) ensure the provision of adequate resources for systems and activities 

supporting operation of and participation in the ISE;

(3) ensure full department or agency cooperation in the development of 

the ISE to implement governmentwide information sharing; and

(4) submit, at the request of the President or the program manager, any 

reports on the implementation of the requirements of the ISE within such 

department or agency.

(j) REPORT ON THE INFORMATION SHARING ENVIRONMENT.—

(1) IN GENERAL.—Not later than 180 days after the date of enactment of 

the Implementing Recommendations of the 9/11 Commission Act of 

2007, the President shall report to the Committee on Homeland Security 

and Governmental Affairs of the Senate, the Select Committee on 

Intelligence of the Senate, the Committee on Homeland Security of the 

House of Representatives, and the Permanent Select Committee on 

Intelligence of the House of Representatives on the feasibility of—

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

“Originator Control”) intended to, or having the effect of, 

restricting the sharing of information within the scope of the 

information sharing environment, including homeland security 

information, terrorism information, and weapons of mass 

destruction information, between and among participants in the 

information sharing environment, unless the President has—

(i) specifically exempted categories of information from 

such elimination; and

(ii) reported that exemption to the committees of 

Congress described in the matter preceding this 

subparagraph; and

(B) continuing to use Federal agency standards in effect on such 

date of enactment for the collection, sharing, and access to 

information within the scope of the information sharing 

environment, including homeland security information, terrorism 

information, and weapons of mass destruction information, 

relating to citizens and lawful permanent residents;

(C) replacing the standards described in subparagraph (B) with a 

standard that would allow mission-based or threat-based 
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

220

permission to access or share information within the scope of the 

information sharing environment, including homeland security 

information, terrorism information, and weapons of mass 

destruction information, for a particular purpose that the Federal 

Government, through an appropriate process established in 

consultation with the Privacy and Civil Liberties Oversight 

Board established under section 1061, has determined to be 

lawfully permissible for a particular agency, component, or 

employee (commonly known as an “authorized use” standard); 

and

(D) the use of anonymized data by Federal departments, 

agencies, or components collecting, possessing, disseminating, 

or handling information within the scope of the information 

sharing environment, including homeland security information, 

terrorism information, and weapons of mass destruction 

information, in any cases in which—

(i) the use of such information is reasonably expected to 

produce results materially equivalent to the use of 

information that is transferred or stored in a nonanonymized form; and

(ii) such use is consistent with any mission of that 

department, agency, or component (including any 

mission under a Federal statute or directive of the 

President) that involves the storage, retention, sharing, or 

exchange of personally identifiable information.

(2) DEFINITION.—In this subsection, the term “anonymized data” means 

data in which the individual to whom the data pertains is not identifiable 

with reasonable efforts, including information that has been encrypted or 

hidden through the use of other technology.

(k) ADDITIONAL POSITIONS.—The program manager is authorized to hire not 

more than 40 full-time employees to assist the program manager in—

(1) activities associated with the implementation of the information 

sharing environment, including—

(A) implementing the requirements under subsection (b)(2); and

(B) any additional implementation initiatives to enhance and 

expedite the creation of the information sharing environment; 

and

(2) identifying and resolving information sharing disputes between 

Federal departments, agencies, and components under subsection 

(f)(2)(A)(iv).
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221

(l) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 

appropriated to carry out this section $30,000,000 for each of fiscal years 2008 

and 2009.

SUBTITLE F—PRIVACY AND CIVIL LIBERTIES

PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

SEC. 1061. [42 U.S.C. § 2000ee]

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

executive branch a Privacy and Civil Liberties Oversight Board (referred to in 

this section as the “Board”).

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

Terrorist Attacks Upon the United States, Congress makes the following 

findings:

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

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

powers.

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

enhanced system of checks and balances to protect the precious liberties 

that are vital to our way of life and to ensure that the Government uses its 

powers for the purposes for which the powers were given.

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

States correctly concluded that “The choice between security and liberty 

is a false choice, as nothing is more likely to endanger America’s 

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

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

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 protect the 

Nation from terrorism, ensuring that the need for such actions is balanced 

with the need to protect privacy and civil liberties; and

(2) ensure that liberty concerns are appropriately considered in the 

development and implementation of laws, regulations, and policies 

related to efforts to protect the Nation against terrorism.

(d) FUNCTIONS.—

(1) ADVICE AND COUNSEL ON POLICY DEVELOPMENT AND 

IMPLEMENTATION.—The Board shall—

(A) review proposed legislation, regulations, and policies related 

to efforts to protect the Nation from terrorism, including the 

development and adoption of information sharing guidelines 

under subsections (d) and (f) of section 1016;
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222

(B) review the implementation of new and existing legislation, 

regulations, and policies related to efforts to protect the Nation 

from terrorism, including the implementation of information 

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

(C) advise the President and the departments, agencies, and 

elements of the executive branch to ensure that privacy and civil 

liberties are appropriately considered in the development and 

implementation of such legislation, regulations, policies, and 

guidelines; and

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

particular governmental power, consider whether the department, 

agency, or element of the executive branch has established—

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

to protect privacy and civil liberties;

(ii) that there is adequate supervision of the use by the 

executive branch of the power to ensure protection of 

privacy and civil liberties; and

(iii) that there are adequate guidelines and oversight to 

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 procedures, of 

the departments, agencies, and elements of the executive branch 

relating to efforts to protect the Nation from terrorism to ensure 

that privacy and civil liberties are protected;

(B) the information sharing practices of the departments, 

agencies, and elements of the executive branch relating to efforts 

to protect the Nation from terrorism to determine whether they 

appropriately protect privacy and civil liberties and adhere to the 

information sharing guidelines issued or developed under 

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

laws, regulations, and policies regarding privacy and civil 

liberties; and

(C) other actions by the executive branch relating to efforts to 

protect the Nation from terrorism to determine whether such 

actions—

(i) appropriately protect privacy and civil liberties; and

(ii) are consistent with governing laws, regulations, and 

policies regarding privacy and civil liberties.

(3) RELATIONSHIP WITH PRIVACY AND CIVIL LIBERTIES OFFICERS.—

The Board shall—
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223

(A) receive and review reports and other information from 

privacy officers and civil liberties officers under section 1062;

(B) when appropriate, make recommendations to such privacy 

officers and civil liberties officers regarding their activities; and

(C) when appropriate, coordinate the activities of such privacy 

officers and civil liberties officers on relevant interagency 

matters.

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

before Congress upon request.

(e) REPORTS.—

(1) IN GENERAL.—The Board shall—

(A) receive and review reports from privacy officers and civil 

liberties officers under section 1062; and

(B) periodically submit, not less than semiannually, reports—

(i)(I) to the appropriate committees of Congress, 

including the Committee on the Judiciary of the Senate, 

the Committee on the Judiciary of the House of 

Representatives, the Committee on Homeland Security 

and Governmental Affairs of the Senate, the Committee 

on Homeland Security of the House of Representatives, 

the Committee on Oversight and Government Reform of 

the House of Representatives, the Select Committee on 

Intelligence of the Senate, and the Permanent Select 

Committee on Intelligence of the House of 

Representatives; and

(II) to the President; and

(ii) which shall be in unclassified form to the greatest 

extent possible, with a classified annex where necessary.

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

paragraph (1)(B) shall include—

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

preceding period;

(B) information on the findings, conclusions, and 

recommendations of the Board resulting from its advice and 

oversight functions under subsection (d);

(C) the minority views on any findings, conclusions, and 

recommendations of the Board resulting from its advice and 

oversight functions under subsection (d);

(D) each proposal reviewed by the Board under subsection (d)(1) 

that—

(i) the Board advised against implementation; and
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(ii) notwithstanding such advice, actions were taken to 

implement; and

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

subsection (g)(1)(D) for the issuance of subpoenas that were 

modified or denied by the Attorney General.

(f) INFORMING THE PUBLIC.—The Board—

(1) shall make its reports, including its reports to Congress, available to 

the public to the greatest extent that is consistent with the protection of 

classified information and applicable law; and

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

activities, as appropriate and in a manner consistent with the protection 

of classified information and applicable law, but may, notwithstanding 

section 552b of title 5, United States Code, meet or otherwise 

communicate in any number to confer or deliberate in a manner that is 

closed to the public.

(g) ACCESS TO INFORMATION.—

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

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

to—

(A) have access from any department, agency, or element of the 

executive branch, or any Federal officer or employee of any such 

department, agency, or element, to all relevant records, reports, 

audits, reviews, documents, papers, recommendations, or other 

relevant material, including classified information consistent 

with applicable law;

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

from personnel of any department, agency, or element of the 

executive branch, or any Federal officer or employee of any such 

department, agency, or element;

(C) request information or assistance from any State, tribal, or 

local government; and

(D) at the direction of a majority of the members of the Board, 

submit a written request to the Attorney General of the United 

States that the Attorney General require, by subpoena, persons 

(other than departments, agencies, and elements of the executive 

branch) to produce any relevant information, documents, reports, 

answers, records, accounts, papers, and other documentary or 

testimonial evidence.

(2) REVIEW OF SUBPOENA REQUEST.—

(A) IN GENERAL.—Not later than 30 days after the date of 

receipt of a request by the Board under paragraph (1)(D), the 

Attorney General shall—
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(i) issue the subpoena as requested; or

(ii) provide the Board, in writing, with an explanation of 

the grounds on which the subpoena request has been 

modified or denied.

(B) NOTIFICATION.—If a subpoena request is modified or denied 

under subparagraph (A)(ii), the Attorney General shall, not later 

than 30 days after the date of that modification or denial, notify 

the Committee on the Judiciary of the Senate and the Committee 

on the Judiciary of the House of Representatives.

(3) ENFORCEMENT OF SUBPOENA.—In the case of contumacy or failure 

to obey a subpoena issued pursuant to paragraph (1)(D), the United 

States district court for the judicial district in which the subpoenaed 

person resides, is served, or may be found may issue an order requiring 

such person to produce the evidence required by such subpoena.

(4) AGENCY COOPERATION.—Whenever information or assistance 

requested under subparagraph (A) or (B) of paragraph (1) is, in the 

judgment of the Board, unreasonably refused or not provided, the Board 

shall report the circumstances to the head of the department, agency, or 

element concerned without delay. The head of the department, agency, or 

element concerned shall ensure that the Board is given access to the 

information, assistance, material, or personnel the Board determines to 

be necessary to carry out its functions.

(5) ACCESS.—Nothing in this section shall be construed to authorize the 

Board, or any agent thereof, to gain access to information regarding an 

activity covered by section 503(a) of the National Security Act of 1947 

(50 U.S.C. 3093(a)).

(h) MEMBERSHIP.—

(1) MEMBERS.—The Board shall be composed of a full-time chairman 

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

and with the advice and consent of the Senate.

(2) QUALIFICATIONS.—Members of the Board shall be selected solely on 

the basis of their professional qualifications, achievements, public 

stature, expertise in civil liberties and privacy, and relevant experience, 

and without regard to political affiliation, but in no event shall more than 

3 members of the Board be members of the same political party. The 

President shall, before appointing an individual who is not a member of 

the same political party as the President, consult with the leadership of 

that party, if any, in the Senate and House of Representatives.

(3) INCOMPATIBLE OFFICE.—An individual appointed to the Board may 

not, while serving on the Board, be an elected official, officer, or 

employee of the Federal Government, other than in the capacity as a 

member of the Board.
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(4) TERM.—Each member of the Board shall serve a term of 6 years, 

except that—

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

commencement of such term may serve under such appointment 

only for the remainder of such term; and

(B) upon the expiration of the term of office of a member, the 

member shall continue to serve until the member‘s successor has 

been appointed and qualified, except that no member may serve 

under this subparagraph—

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

unless a nomination to fill the vacancy shall have been 

submitted to the Senate; or

(ii) after the adjournment sine die of the session of the 

Senate in which such nomination is submitted.

(5) QUORUM AND MEETINGS.—The Board shall meet upon the call of 

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

of the Executive Schedule under section 5314 of title 5, United 

States Code.

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

compensated at a rate of pay payable for a position at level IV of 

the Executive Schedule under section 5315 of title 5, United 

States Code, for each day during which that member is engaged 

in the actual performance of the duties of the Board.

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

expenses, including per diem in lieu of subsistence, at rates authorized 

for persons employed intermittently by the Government under section 

5703(b) of title 5, United States Code, while away from their homes or 

regular places of business in the performance of services for the Board.

(j) STAFF.—

(1) APPOINTMENT AND COMPENSATION.—The chairman of the Board, in 

accordance with rules agreed upon by the Board, shall appoint and fix 

the compensation of a full-time executive director and such other 

personnel as may be necessary to enable the Board to carry out its 

functions, without regard to the provisions of title 5, United States Code,

governing appointments in the competitive service, and without regard to 

the provisions of chapter 51 and subchapter III of chapter 53 of such title 

relating to classification and General Schedule pay rates, except that no 
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rate of pay fixed under this subsection may exceed the equivalent of that 

payable for a position at level V of the Executive Schedule under section 

5316 of title 5, United States Code.

(2) APPOINTMENT IN ABSENCE OF CHAIRMAN.—If the position of 

chairman of the Board is vacant, during the period of the vacancy, the 

Board, at the direction of the unanimous vote of the serving members of 

the Board, may exercise the authority of the chairman under paragraph 

(1).

(3) DETAILEES.—Any Federal employee may be detailed to the Board 

without reimbursement from the Board, and such detailee shall retain the 

rights, status, and privileges of the detailee’s regular employment 

without interruption.

(4) CONSULTANT SERVICES.—The Board may procure the temporary or 

intermittent services of experts and consultants in accordance with 

section 3109 of title 5, United States Code, at rates that do not exceed the 

daily rate paid a person occupying a position at level IV of the Executive 

Schedule under section 5315 of such title.

(k) SECURITY CLEARANCES.—

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

of the executive branch shall cooperate with the Board to expeditiously 

provide the Board members and staff with appropriate security 

clearances to the extent possible under existing procedures and 

requirements.

(2) RULES AND PROCEDURES.—After consultation with the Secretary of 

Defense, the Attorney General, and the Director of National Intelligence, 

the Board shall adopt rules and procedures of the Board for physical, 

communications, computer, document, personnel, and other security 

relating to carrying out the functions of the Board.

(l) TREATMENT AS AGENCY, NOT AS ADVISORY COMMITTEE.—The Board—

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

Code); and

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

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

(m) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be 

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 sums as 

may be necessary.
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PRIVACY AND CIVIL LIBERTIES OFFICERS

SEC. 1062. [42 U.S.C. § 2000ee-1]

(a) DESIGNATION AND FUNCTIONS.—The Attorney General, the Secretary of 

Defense, the Secretary of State, the Secretary of the Treasury, the Secretary of 

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

National Intelligence, the Director of the Central Intelligence Agency, the 

Director of the National Security Agency, the Director of the Federal Bureau of 

Investigation, and the head of any other department, agency, or element of the 

executive branch designated by the Privacy and Civil Liberties Oversight Board

under section 1061 to be appropriate for coverage under this section shall 

designate not less than 1 senior officer to serve as the principal advisor to—

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

officials of such department, agency, or element in appropriately 

considering privacy and civil liberties concerns when such officials are 

proposing, developing, or implementing laws, regulations, policies, 

procedures, or guidelines related to efforts to protect the Nation against 

terrorism;

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

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

implementation to ensure that such department, agency, or element is 

adequately considering privacy and civil liberties in its actions;

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

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

from individuals who allege such department, agency, or element has 

violated their privacy or civil liberties; and

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

governmental power the officer shall consider whether such department, 

agency, or element has established—

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

protect privacy and civil liberties;

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

department, agency, or element of the power to ensure protection 

of privacy and civil liberties; and

(C) that there are adequate guidelines and oversight to properly 

confine its use.

(b) EXCEPTION TO DESIGNATION AUTHORITY.—

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

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

Oversight Board, which has a statutorily created privacy officer, such 

officer shall perform the functions specified in subsection (a) with 

respect to privacy.
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(2) CIVIL LIBERTIES OFFICERS.—In any department, agency, or element 

referred to in subsection (a) or designated by the Board, which has a 

statutorily created civil liberties officer, such officer shall perform the 

functions specified in subsection (a) with respect to civil liberties.

(c) SUPERVISION AND COORDINATION.—Each privacy officer or civil liberties 

officer described in subsection (a) or (b) shall—

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

concerned; and

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

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

(d) AGENCY COOPERATION.—The head of each department, agency, or element 

shall ensure that each privacy officer and civil liberties officer—

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

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 determines to be 

necessary to carry out the functions of such officer.

(e) REPRISAL FOR MAKING COMPLAINT.—No action constituting a reprisal, or 

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

privacy officer or civil liberties officer described in subsection (a) or (b), or to the 

Privacy and Civil Liberties Oversight Board, that indicates a possible violation of 

privacy protections or civil liberties in the administration of the programs and 

operations of the Federal Government relating to efforts to protect the Nation 

from terrorism shall be taken by any Federal employee in a position to take such 

action, unless the complaint was made or the information was disclosed with the 

knowledge that it was false or with willful disregard for its truth or falsity.

(f) PERIODIC REPORTS.—

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

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

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

submit a report on the activities of such officers—

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

Committee on the Judiciary of the Senate, the Committee on the 

Judiciary of the House of Representatives, the Committee on 

Homeland Security and Governmental Affairs of the Senate, the 

Committee on Oversight and Government Reform of the House 

of Representatives, the Select Committee on Intelligence of the 

Senate, and the Permanent Select Committee on Intelligence of 

the House of Representatives;

(ii) to the head of such department, agency, or element; 

and
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(iii) to the Privacy and Civil Liberties Oversight Board; 

and

(B) which shall be in unclassified form to the greatest extent 

possible, with a classified annex where necessary.

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

information on the discharge of each of the functions of the officer 

concerned, including-

(A) information on the number and types of reviews undertaken;

(B) the type of advice provided and the response given to such 

advice;

(C) the number and nature of the complaints received by the 

department, agency, or element concerned for alleged violations; 

and

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

and inquiries conducted, and the impact of the activities of such 

officer.

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

shall—

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

available to the public to the greatest extent that is consistent with the 

protection of classified information and applicable law; and

(2) otherwise inform the public of the activities of such officer, as 

appropriate and in a manner consistent with the protection of classified 

information and applicable law.

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

otherwise supplant any other authorities or responsibilities provided by law to 

privacy officers or civil liberties officers.

TITLE III—SECURITY CLEARANCES

SECURITY CLEARANCES

SEC. 3001. [50 U.S.C. § 3341]

(a) DEFINITIONS.—In this section:

(1) The term “agency” means—

(A) an executive agency (as that term is defined in section 105 of 

title 5, United States Code);

(B) a military department (as that term is defined in section 102 

of title 5, United States Code); and

(C) an element of the intelligence community.

(2) The term “authorized investigative agency” means an agency 

designated by the head of the agency selected pursuant to subsection (b) 
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231

to conduct a counterintelligence investigation or investigation of persons 

who are proposed for access to classified information to ascertain 

whether such persons satisfy the criteria for obtaining and retaining 

access to such information.

(3) The term “authorized adjudicative agency” means an agency 

authorized by law, regulation, or direction of the Director of National 

Intelligence to determine eligibility for access to classified information in 

accordance with Executive Order 12968.

(4) The term “highly sensitive program” means—

(A) a government program designated as a Special Access 

Program (as that term is defined in section 4.1(h) of Executive 

Order 12958 or any successor Executive order); or

(B) a government program that applies restrictions required 

for—

(i) restricted data (as that term is defined in section 11 y. 

of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)); 

or

(ii) other information commonly referred to as “sensitive 

compartmented information”.

(5) The term “current investigation file” means, with respect to a security 

clearance, a file on an investigation or adjudication that has been 

conducted during—

(A) the 5-year period beginning on the date the security 

clearance was granted, in the case of a Top Secret Clearance, or 

the date access was granted to a highly sensitive program;

(B) the 10-year period beginning on the date the security 

clearance was granted in the case of a Secret Clearance; and

(C) the 15-year period beginning on the date the security 

clearance was granted in the case of a Confidential Clearance.

(6) The term “personnel security investigation” means any investigation 

required for the purpose of determining the eligibility of any military, 

civilian, or government contractor personnel to access classified 

information.

(7) The term “periodic reinvestigations” means investigations conducted 

for the purpose of updating a previously completed background 

investigation—

(A) every 5 years in the case of a top secret clearance or access 

to a highly sensitive program;

(B) every 10 years in the case of a secret clearance; or

(C) every 15 years in the case of a Confidential Clearance.
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(8) The term “appropriate committees of Congress” means—

(A) the Permanent Select Committee on Intelligence and the 

Committees on Armed Services, Homeland Security, 

Government Reform, and the Judiciary of the House of 

Representatives; and

(B) the Select Committee on Intelligence and the Committees on 

Armed Services, Homeland Security and Governmental Affairs, 

and the Judiciary of the Senate.

(9) ACCESS DETERMINATION.—The term “access determination” means 

the determination regarding whether an employee—

(A) is eligible for access to classified information in accordance 

with Executive Order 12968 (60 Fed. Reg. 40245; relating to 

access to classified information), or any successor thereto, and 

Executive Order 10865 (25 Fed. Reg. 1583; relating to 

safeguarding classified information with industry), or any 

successor thereto; and

(B) possesses a need to know under such an Order.

(b) SELECTION OF ENTITY.—Except as otherwise provided, not later than 90 days 

after the date of enactment of this Act, the President shall select a single 

department, agency, or element of the executive branch to be responsible for—

(1) directing day-to-day oversight of investigations and adjudications for 

personnel security clearances, including for highly sensitive programs, 

throughout the United States Government;

(2) developing and implementing uniform and consistent policies and 

procedures to ensure the effective, efficient, and timely completion of 

security clearances and determinations for access to highly sensitive 

programs, including the standardization of security questionnaires, 

financial disclosure requirements for security clearance applicants, and 

polygraph policies and procedures;

(3) serving as the final authority to designate an authorized investigative 

agency or authorized adjudicative agency;

(4) ensuring reciprocal recognition of access to classified information 

among the agencies of the United States Government, including acting as 

the final authority to arbitrate and resolve disputes involving the 

reciprocity of security clearances and access to highly sensitive programs 

pursuant to subsection (d);

(5) ensuring, to the maximum extent practicable, that sufficient resources 

are available in each agency to achieve clearance and investigative 

program goals;

(6) reviewing and coordinating the development of tools and techniques 

for enhancing the conduct of investigations and granting of clearances; 

and
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(7) not later than 180 days after the date of the enactment of the 

Intelligence Authorization Act for Fiscal Year 2014, and consistent with 

subsection (j)—

(A) developing policies and procedures that permit, to the extent 

practicable, individuals alleging reprisal for having made a 

protected disclosure (provided the individual does not disclose 

classified information or other information contrary to law) to 

appeal any action affecting an employee‘s access to classified 

information and to retain their government employment status 

while such challenge is pending; and

(B) developing and implementing uniform and consistent 

policies and procedures to ensure proper protections during the 

process for denying, suspending, or revoking a security clearance 

or access to classified information following a protected 

disclosure, including the ability to appeal such a denial, 

suspension, or revocation, except that there shall be no appeal of 

an agency‘s suspension of a security clearance or access 

determination for purposes of conducting an investigation, if that 

suspension lasts no longer than 1 year or the head of the agency 

or a designee of the head of the agency certifies that a longer 

suspension is needed before a final decision on denial or 

revocation to prevent imminent harm to the national security.

(c) PERFORMANCE OF SECURITY CLEARANCE INVESTIGATIONS.—

(1) Notwithstanding any other provision of law, not later than 180 days 

after the date of the enactment of this Act, the President shall, in 

consultation with the head of the entity selected pursuant to subsection 

(b), select a single agency of the executive branch to conduct, to the 

maximum extent practicable, security clearance investigations of 

employees and contractor personnel of the United States Government 

who require access to classified information and to provide and maintain 

all security clearances of such employees and contractor personnel. The 

head of the entity selected pursuant to subsection (b) may designate other 

agencies to conduct such investigations if the head of the entity selected 

pursuant to subsection (b) considers it appropriate for national security 

and efficiency purposes.

(2) The agency selected under paragraph (1) shall—

(A) take all necessary actions to carry out the requirements of 

this section, including entering into a memorandum of 

understanding with any agency carrying out responsibilities 

relating to security clearances or security clearance 

investigations before the date of the enactment of this Act;
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(B) as soon as practicable, integrate reporting of security 

clearance applications, security clearance investigations, and 

determinations of eligibility for security clearances, with the 

database required by subsection (e); and

(C) ensure that security clearance investigations are conducted in 

accordance with uniform standards and requirements established 

under subsection (b), including uniform security questionnaires 

and financial disclosure requirements.

(d) RECIPROCITY OF SECURITY CLEARANCE AND ACCESS DETERMINATIONS.—

(1) All security clearance background investigations and determinations 

completed by an authorized investigative agency or authorized 

adjudicative agency shall be accepted by all agencies.

(2) All security clearance background investigations initiated by an 

authorized investigative agency shall be transferable to any other 

authorized investigative agency.

(3)(A) An authorized investigative agency or authorized adjudicative 

agency may not establish additional investigative or adjudicative 

requirements (other than requirements for the conduct of a polygraph 

examination) that exceed requirements specified in Executive Orders 

establishing security requirements for access to classified information 

without the approval of the head of the entity selected pursuant to 

subsection (b).

(B) Notwithstanding subparagraph (A), the head of the entity 

selected pursuant to subsection (b) may establish such additional 

requirements as the head of such entity considers necessary for 

national security purposes.

(4) An authorized investigative agency or authorized adjudicative agency 

may not conduct an investigation for purposes of determining whether to 

grant a security clearance to an individual where a current investigation 

or clearance of equal level already exists or has been granted by another 

authorized adjudicative agency.

(5) The head of the entity selected pursuant to subsection (b) may 

disallow the reciprocal recognition of an individual security clearance by 

an agency under this section on a case-by-case basis if the head of the 

entity selected pursuant to subsection (b) determines that such action is 

necessary for national security purposes.

(6) The head of the entity selected pursuant to subsection (b) shall 

establish a review procedure by which agencies can seek review of 

actions required under this section.

(e) DATABASE ON SECURITY CLEARANCES.—

(1) Not later than 12 months after the date of the enactment of this Act, 

the Director of the Office of Personnel Management shall, in cooperation 
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with the heads of the entities selected pursuant to subsections (b) and (c), 

establish and commence operating and maintaining an integrated, secure, 

database into which appropriate data relevant to the granting, denial, or 

revocation of a security clearance or access pertaining to military, 

civilian, or government contractor personnel shall be entered from all 

authorized investigative and adjudicative agencies.

(2) The database under this subsection shall function to integrate 

information from existing Federal clearance tracking systems from other 

authorized investigative and adjudicative agencies into a single 

consolidated database.

(3) Each authorized investigative or adjudicative agency shall check the 

database under this subsection to determine whether an individual the 

agency has identified as requiring a security clearance has already been 

granted or denied a security clearance, or has had a security clearance 

revoked, by any other authorized investigative or adjudicative agency.

(4) The head of the entity selected pursuant to subsection (b) shall 

evaluate the extent to which an agency is submitting information to, and 

requesting information from, the database under this subsection as part of 

a determination of whether to certify the agency as an authorized 

investigative agency or authorized adjudicative agency.

(5) The head of the entity selected pursuant to subsection (b) may 

authorize an agency to withhold information about certain individuals 

from the database under this subsection if the head of the entity considers 

it necessary for national security purposes.

(f) EVALUATION OF USE OF AVAILABLE TECHNOLOGY IN CLEARANCE

INVESTIGATIONS AND ADJUDICATIONS.—

(1) The head of the entity selected pursuant to subsection (b) shall 

evaluate the use of available information technology and databases to 

expedite investigative and adjudicative processes for all and to verify 

standard information submitted as part of an application for a security 

clearance.

(2) The evaluation shall assess the application of the technologies 

described in paragraph (1) for—

(A) granting interim clearances to applicants at the secret, top 

secret, and special access program levels before the completion 

of the appropriate full investigation;

(B) expediting investigations and adjudications of security 

clearances, including verification of information submitted by 

the applicant;

(C) ongoing verification of suitability of personnel with security 

clearances in effect for continued access to classified 

information;
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(D) use of such technologies to augment periodic 

reinvestigations;

(E) assessing the impact of the use of such technologies on the 

rights of applicants to verify, correct, or challenge information 

obtained through such technologies; and

(F) such other purposes as the head of the entity selected 

pursuant to subsection (b) considers appropriate.

(3) An individual subject to verification utilizing the technology 

described in paragraph (1) shall be notified of such verification, shall 

provide consent to such use, and shall have access to data being verified 

in order to correct errors or challenge information the individual believes 

is incorrect.

(4) Not later than one year after the date of the enactment of this Act, the 

head of the entity selected pursuant to subsection (b) shall submit to the 

President and the appropriate committees of Congress a report on the 

results of the evaluation, including recommendations on the use of 

technologies described in paragraph (1).

(g) REDUCTION IN LENGTH OF PERSONNEL SECURITY CLEARANCE PROCESS.—

(1) The head of the entity selected pursuant to subsection (b) shall, 

within 90 days of selection under that subsection, develop, in 

consultation with the appropriate committees of Congress and each 

authorized adjudicative agency, a plan to reduce the length of the 

personnel security clearance process.

(2)(A) To the extent practical the plan under paragraph (1) shall require 

that each authorized adjudicative agency make a determination on at 

least 90 percent of all applications for a personnel security clearance 

within an average of 60 days after the date of receipt of the completed 

application for a security clearance by an authorized investigative 

agency. Such 60-day average period shall include—

(i) a period of not longer than 40 days to complete the 

investigative phase of the clearance review; and

(ii) a period of not longer than 20 days to complete the 

adjudicative phase of the clearance review.

(B) Determinations on clearances not made within 60 days shall 

be made without delay.

(3)(A) The plan under paragraph (1) shall take effect 5 years after the 

date of the enactment of this Act.

(B) During the period beginning on a date not later than 2 years 

after the date of the enactment of this Act, and ending on the date 

on which the plan under paragraph (1) takes effect, each 

authorized adjudicative agency shall make a determination on at 

least 80 percent of all applications for a personnel security 
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

237

clearance pursuant to this section within an average of 120 days 

after the date of receipt of the application for a security clearance 

by an authorized investigative agency. Such 120-day average 

period shall include—

(i) a period of not longer than 90 days to complete the 

investigative phase of the clearance review; and

(ii) a period of not longer than 30 days to complete the 

adjudicative phase of the clearance review.

(h) REPORTS.—

(1) Not later than February 15, 2006, and annually thereafter through 

2011, the head of the entity selected pursuant to subsection (b) shall 

submit to the appropriate committees of Congress a report on the 

progress made during the preceding year toward meeting the 

requirements of this section.

(2) Each report shall include, for the period covered by such report—

(A) the periods of time required by the authorized investigative 

agencies and authorized adjudicative agencies for conducting 

investigations, adjudicating cases, and granting clearances, from 

date of submission to ultimate disposition and notification to the 

subject and the subject’s employer;

(B) a discussion of any impediments to the smooth and timely 

functioning of the requirements of this section; and

(C) such other information or recommendations as the head of 

the entity selected pursuant to subsection (b) considers 

appropriate.

(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 

appropriated such sums as may be necessary for fiscal year 2005 and each fiscal 

year thereafter for the implementation, maintenance, and operation of the 

database required by subsection (e).

(j) RETALIATORY REVOCATION OF SECURITY CLEARANCES AND ACCESS

DETERMINATIONS.—

(1) IN GENERAL.—Agency personnel with authority over personnel 

security clearance or access determinations shall not take or fail to take, 

or threaten to take or fail to take, any action with respect to any 

employee’s security clearance or access determination in retaliation 

for—

(A) any lawful disclosure of information to the Director of 

National Intelligence (or an employee designated by the Director 

of National Intelligence for such purpose) or the head of the 

employing agency (or employee designated by the head of that 

agency for such purpose) by an employee that the employee 

reasonably believes evidences—
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

238

(i) a violation of any Federal law, rule, or regulation; or

(ii) gross mismanagement, a gross waste of funds, an 

abuse of authority, or a substantial and specific danger to 

public health or safety;

(B) any lawful disclosure to the Inspector General of an agency 

or another employee designated by the head of the agency to 

receive such disclosures, of information which the employee 

reasonably believes evidences—

(i) a violation of any Federal law, rule, or regulation; or

(ii) gross mismanagement, a gross waste of funds, an 

abuse of authority, or a substantial and specific danger to 

public health or safety;

(C) any lawful disclosure that complies with—

(i) subsections (a)(1), (d), and (h) of section 8H of the 

Inspector General Act of 1978 (5 U.S.C. App.);

(ii) subparagraphs (A), (D), and (H) of section 17(d)(5) 

of the Central Intelligence Agency Act of 1949 (50 

U.S.C. 3517(d)(5)); or

(iii) subparagraphs (A), (D), and (I) of section 103(k)(5) 

of the National Security Act of 1947 (50 U.S.C.

3033(k)(5)); and

(D) if the actions do not result in the employee or applicant 

unlawfully disclosing information specifically required by 

Executive order to be kept classified in the interest of national 

defense or the conduct of foreign affairs, any lawful disclosure in 

conjunction with—

(i) the exercise of any appeal, complaint, or grievance 

right granted by any law, rule, or regulation;

(ii) testimony for or otherwise lawfully assisting any 

individual in the exercise of any right referred to in 

clause (i); or

(iii) cooperation with or disclosing information to the 

Inspector General of an agency, in accordance with 

applicable provisions of law in connection with an audit, 

inspection, or investigation conducted by the Inspector 

General.

(2) RULE OF CONSTRUCTION.—Consistent with the protection of sources 

and methods, nothing in paragraph (1) shall be construed to authorize the 

withholding of information from Congress or the taking of any personnel 

action against an employee who lawfully discloses information to 

Congress.
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

239

(3) DISCLOSURES.—

(A) IN GENERAL.—A disclosure shall not be excluded from 

paragraph (1) because—

(i) the disclosure was made to a person, including a 

supervisor, who participated in an activity that the 

employee reasonably believed to be covered by 

paragraph (1)(A)(ii);

(ii) the disclosure revealed information that had been 

previously disclosed;

(iii) the disclosure was not made in writing;

(iv) the disclosure was made while the employee was off 

duty; or

(v) of the amount of time which has passed since the 

occurrence of the events described in the disclosure.

(B) REPRISALS.—If a disclosure is made during the normal 

course of duties of an employee, the disclosure shall not be 

excluded from paragraph (1) if any employee who has authority 

to take, direct others to take, recommend, or approve any 

personnel action with respect to the employee making the 

disclosure, took, failed to take, or threatened to take or fail to 

take a personnel action with respect to that employee in reprisal 

for the disclosure.

(4) AGENCY ADJUDICATION.—

(A) REMEDIAL PROCEDURE.—An employee or former employee 

who believes that he or she has been subjected to a reprisal 

prohibited by paragraph (1) may, within 90 days after the 

issuance of notice of such decision, appeal that decision within 

the agency of that employee or former employee through 

proceedings authorized by subsection (b)(7), except that there 

shall be no appeal of an agency‘s suspension of a security 

clearance or access determination for purposes of conducting an 

investigation, if that suspension lasts not longer than 1 year (or a 

longer period in accordance with a certification made under 

subsection (b)(7)).

(B) CORRECTIVE ACTION.—If, in the course of proceedings 

authorized under subparagraph (A), it is determined that the 

adverse security clearance or access determination violated 

paragraph (1), the agency shall take specific corrective action to 

return the employee or former employee, as nearly as practicable 

and reasonable, to the position such employee or former 

employee would have held had the violation not occurred. Such 

corrective action may include back pay and related benefits, 
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

240

travel expenses, and compensatory damages not to exceed 

$300,000.

(C) CONTRIBUTING FACTOR.—In determining whether the 

adverse security clearance or access determination violated 

paragraph (1), the agency shall find that paragraph (1) was 

violated if a disclosure described in paragraph (1) was a 

contributing factor in the adverse security clearance or access 

determination taken against the individual, unless the agency 

demonstrates by a preponderance of the evidence that it would 

have taken the same action in the absence of such disclosure, 

giving the utmost deference to the agency’s assessment of the 

particular threat to the national security interests of the United 

States in the instant matter.

(5) APPELLATE REVIEW OF SECURITY CLEARANCE ACCESS 

DETERMINATIONS BY DIRECTOR OF NATIONAL INTELLIGENCE.—

(A) APPEAL.—Within 60 days after receiving notice of an 

adverse final agency determination under a proceeding under 

paragraph (4), an employee or former employee may appeal that 

determination in accordance with the procedures established 

under subparagraph (B).

(B) POLICIES AND PROCEDURES.—The Director of National 

Intelligence, in consultation with the Attorney General and the 

Secretary of Defense, shall develop and implement policies and 

procedures for adjudicating the appeals authorized by 

subparagraph (A).

(C) CONGRESSIONAL NOTIFICATION.—Consistent with the 

protection of sources and methods, at the time the Director of 

National Intelligence issues an order regarding an appeal 

pursuant to the policies and procedures established by this 

paragraph, the Director of National Intelligence shall notify the 

congressional intelligence committees.

(6) JUDICIAL REVIEW.—Nothing in this section shall be construed to 

permit or require judicial review of any—

(A) agency action under this section; or

(B) action of the appellate review procedures established under 

paragraph (5).

(7) PRIVATE CAUSE OF ACTION.—Nothing in this section shall be 

construed to permit, authorize, or require a private cause of action to 

challenge the merits of a security clearance determination.
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

241

(8) INCLUSION OF CONTRACTOR EMPLOYEES.—In this subsection, the 

term “employee” includes an employee of a contractor, subcontractor, 

grantee, subgrantee, or personal services contractor, of an agency. With 

respect to such employees, the term “employing agency” shall be 

deemed to be the contracting agency.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

242

CENTRAL INTELLIGENCE AGENCY ACT OF 1949

[Public Law 110; 63 STAT. 208; June 20, 1949]

AN ACT To provide for the administration of the Central Intelligence Agency, 

established pursuant to section 102, National Security Act of 1947, and for other 

purposes.

Be it enacted by the Senate and House of Representatives of the United States of 

America in Congress assembled, 

TABLE OF CONTENTS1

SEC. 1. Definitions.

SEC. 2. Seal of office.

SEC. 3. Procurement authorities.

SEC. 4. Travel, allowances and related expenses.

SEC. 5. General authorities.

SEC. 6. Protection of nature of Agency’s functions. 

SEC. 7. Admission of essential aliens; limitation on number. 

SEC. 8. Appropriations. 

SEC. 9. Separability of provisions. 

SEC. 10. Short title. 

SEC. 11. Benefits available in event of the death of personnel.

SEC. 12. Gifts, devises, and bequests.

SEC. 13. Misuse of Agency name, initials, or seal. 

SEC. 14. Retirement equity for spouses of certain employees.

SEC. 15. Security personnel at agency installations.

SEC. 16. Heath benefits for certain former spouses of Central Intelligence 

Agency employees. 

SEC. 17. Inspector General for Agency. 

SEC. 17 note. Inspector General for Agency continued.

SEC. 18. Special annuity computation rules for certain employees’ service 

abroad.

SEC. 19. Special rules for disability retirement and death-in-service benefits 

with respect to certain employees. 

SEC. 19A. Special rules for certain individuals injured by reason of war, 

insurgency, hostile act, terrorist activities, or incidents designated 

by the Director.

SEC. 20. General Counsel of the Central Intelligence Agency.

 1 Table of Contents does not appear in the Act itself.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

243

SEC. 21. Central services program.

SEC. 22. Detail of employees.

SEC. 23. Intelligence operations and cover enhancement authority. 

50 U.S.C. § 3519a. 

Separation pay program for voluntary separation from service. 

DEFINITIONS

SEC. 1. [50 U.S.C. § 3501] 

That when used in this Act, the term—

(1) “Agency” means the Central Intelligence Agency;

(2) “Director” means the Director of the Central Intelligence Agency; 

and

(3) “Government agency” means any executive department, commission, 

council, independent establishment, corporation wholly or partly owned 

by the United States which is an instrumentality of the United States, 

board, bureau, division, service, office, officer, authority, administration, 

or other establishment, in the executive branch of the Government.

SEAL OF OFFICE

SEC. 2. [50 U.S.C. § 3502]

The Director shall cause a seal of office to be made for the Central Intelligence 

Agency, of such design as the President shall approve, and judicial notice shall 

be taken thereof.

PROCUREMENT AUTHORITIES

SEC. 3. [50 U.S.C. § 3503]

(a) In the performance of its functions the Central Intelligence Agency is 

authorized to exercise the authorities contained in sections [2304(a)(1) to (6), 

(10), (12), (15), (17), and sections 2305(a) to (c), 2306, 2307, 2308, 2309, 2312, 

and 2313 of title 10].

(b) In the exercise of the authorities granted in subsection (a) of this section, the 

term “Agency head” shall mean the Director, the Deputy Director, or the 

Executive of the Agency.

(c) The determinations and decisions provided in subsection (a) of this section to 

be made by the Agency head may be made with respect to individual purchases 

and contracts or with respect to classes of purchases or contracts, and shall be 

final. Except as provided in subsection (d) of this section, the Agency head is 

authorized to delegate his powers provided in this section, including the making 
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

244

of such determinations and decisions, in his discretion and subject to his 

direction, to any other officer or officers or officials of the Agency.

(d) POWERS NOT DELEGABLE; WRITTEN FINDINGS.—The power of the Agency 

head to make the determinations or decisions specified in paragraphs (12) and 

(15) of [section 2304(a) and section 2307(a) of title 10] shall not be delegable. 

Each determination or decision required by paragraphs (12) and (15) of section 

[2304(a), by sections 2306 and 2313, or by section 2307(a) of title 10], shall be 

based upon written findings made by the official making such determinations, 

which findings shall be final and shall be available within the Agency for a 

period of at least six years following the date of the determination.

TRAVEL, ALLOWANCES AND RELATED EXPENSES

SEC. 4. [50 U.S.C. § 3505] 

(a) Under such regulations as the Director may prescribe, the Agency, with 

respect to its officers and employees assigned to duty stations outside the several 

States of the United States of America, excluding Alaska and Hawaii, but 

including the District of Columbia, shall—

(1)(A) pay the travel expenses of officers and employees of the Agency, 

including expenses incurred while traveling pursuant to authorized home 

leave;

(B) pay the travel expenses of members of the family of an 

officer or employee of the Agency when proceeding to or 

returning from his post of duty; accompanying him on 

authorized home leave; or otherwise traveling in accordance with 

authority granted pursuant to the terms of this or any other Act;

(C) pay the cost of transporting the furniture and household and 

personal effects of an officer or employee of the Agency to his 

successive posts of duty and, on the termination of his services, 

to his residence at time of appointment or to a point not more 

distant, or, upon retirement, to the place where he will reside;

(D) pay the cost of packing and unpacking, transporting to and 

from a place of storage, and storing the furniture and household 

and personal effects of an officer or employee of the Agency, 

when he is absent from his post of assignment under orders, or 

when he is assigned to a post to which he cannot take or at which 

he is unable to use such furniture and household and personal 

effects, or when it is in the public interest or more economical to 

authorize storage; but in no instance shall the weight or volume 

of the effects stored together with the weight or volume of the 

effects transported exceed the maximum limitations fixed by 

regulations, when not otherwise fixed by law;
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

245

(E) pay the cost of packing and unpacking, transporting to and 

from a place of storage, and storing the furniture and household 

and personal effects of an officer or employee of the Agency in 

connection with assignment or transfer to a new post, from the 

date of his departure from his last post or from the date of his 

departure, from his place of residence in the case of a new officer 

or employee and for not to exceed three months after arrival at 

the new post, or until the establishment of residence quarters, 

whichever shall be shorter; and in connection with separation of 

an officer or employee of the Agency, the cost of packing and 

unpacking, transporting to and from a place of storage, and 

storing for a period not to exceed three months, his furniture and 

household and personal effects; but in no instance shall the 

weight or volume of the effects stored together with the weight 

or volume of the effects transported exceed the maximum 

limitations fixed by regulations, when not otherwise fixed by 

law;

(F) pay the travel expenses and transportation costs incident to 

the removal of the members of the family of an officer or 

employee of the Agency and his furniture and household and 

personal effects, including automobiles, from a post at which, 

because of the prevalence of disturbed conditions, there is 

imminent danger to life and property, and the return of such 

persons, furniture, and effects to such post upon the cessation of 

such conditions; or to such other post as may in the meantime 

have become the post to which such officer or employee has 

been assigned.

(2) Charge expenses in connection with travel of personnel, their 

dependents, and transportation of their household goods and personal 

effects, involving a change of permanent station, to the appropriation for 

the fiscal year current when any part of either the travel or transportation 

pertaining to the transfer begins pursuant to previously issued travel and 

transfer orders, notwithstanding the fact that such travel or transportation 

may not all be effected during such fiscal year, or the travel and transfer 

orders may have been issued during the prior fiscal year.

(3)(A) Order to any of the several States of the United States of America 

(including the District of Columbia, the Commonwealth of Puerto Rico, 

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

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

States (as described above) at time of employment, upon completion of 

two years’ continuous service abroad, or as soon as possible thereafter.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

246

(B) While in the United States (as described in paragraph (3)(A) 

of this subsection) on leave, the service of any officer or 

employee shall be available for work or duties in the Agency or 

elsewhere as the Director may prescribe; and the time of such 

work or duty shall not be counted as leave.

(C) Where an officer or employee on leave returns to the United 

States (as described in paragraph (3)(A) of this subsection), leave 

of absence granted shall be exclusive of the time actually and 

necessarily occupied in going to and from the United States (as 

so described) and such time as may be necessarily occupied in 

awaiting transportation.

(4) Notwithstanding the provisions of any other law, transport for or on 

behalf of an officer or employee of the Agency, a privately owned motor 

vehicle in any case in which it shall be determined that water, rail, or air 

transportation of the motor vehicle is necessary or expedient for all or 

any part of the distance between points of origin and destination, and pay 

the costs of such transportation. Not more than one motor vehicle of any 

officer or employee of the Agency may be transported under authority of 

this paragraph during any four-year period, except that, as a replacement 

for such motor vehicle, one additional motor vehicle of any such officer 

or employee may be so transported during such period upon approval, in 

advance, by the Director and upon a determination, in advance, by the 

Director that such replacement is necessary for reasons beyond the 

control of the officer or employee and is in the interest of the 

Government. After the expiration of a period of four years following the 

date of transportation under authority of this paragraph of a privately 

owned motor vehicle of any officer or employee who has remained in 

continuous service outside the several States of the United States of 

America, excluding Alaska and Hawaii, but including the District of 

Columbia, during such period, the transportation of a replacement for 

such motor vehicle for such officer or employee may be authorized by 

the Director in accordance with this paragraph.

(5)(A) In the event of illness or injury requiring the hospitalization of an 

officer or full time employee of the Agency incurred while on 

assignment abroad, in a locality where there does not exist a suitable 

hospital or clinic, pay the travel expenses of such officer or employee by 

whatever means the Director deems appropriate and without regard to the 

Standardized Government Travel Regulations and section 5731 of title 5, 

United States Code, to the nearest locality where a suitable hospital or 

clinic exists and on the recovery of such officer or employee pay for the 

travel expenses of the return to the post of duty of such officer or 
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

247

employee. If the officer or employee is too ill to travel unattended, the 

Director may also pay the travel expenses of an attendant;

(B) Establish a first-aid station and provide for the services of a 

nurse at a post at which, in the opinion of the Director, sufficient 

personnel is employed to warrant such a station: Provided, That, 

in the opinion of the Director, it is not feasible to utilize an 

existing facility;

(C) In the event of illness or injury requiring hospitalization of 

an officer or full time employee of the Agency incurred in the 

line of duty while such person is assigned abroad, pay for the 

cost of the treatment of such illness or injury at a suitable 

hospital or clinic;

(D) Provide for the periodic physical examination of officers and 

employees of the Agency and for the cost of administering 

inoculation or vaccinations to such officers or employees.

(6) Pay the costs of preparing and transporting the remains of an officer 

or employee of the Agency or a member of his family who may die while 

in travel status or abroad, to his home or official station, or to such other 

place as the Director may determine to be the appropriate place of 

interment, provided that in no case shall the expense payable be greater 

than the amount which would have been payable had the destination 

been the home or official station.

(7) Pay the costs of travel of new appointees and their dependents, and 

the transportation of their household goods and personal effects, from 

places of actual residence in foreign countries at time of appointment to 

places of employment and return to their actual residences at the time of 

appointment or a point not more distant: Provided, That such appointees 

agree in writing to remain with the United States Government for a 

period of not less than twelve months from the time of appointment. 

Violation of such agreement for personal convenience of an employee or 

because of separation for misconduct will bar such return payments and, 

if determined by the Director or his designee to be in the best interests of 

the United States, any money expended by the United States on account 

of such travel and transportation shall be considered as a debt due by the 

individual concerned to the United States.

(b)(1) The Director may pay to officers and employees of the Agency, and to 

persons detailed or assigned to the Agency from other agencies of the 

Government or from the Armed Forces, allowances and benefits comparable to 

the allowances and benefits authorized to be paid to members of the Foreign 

Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 

4081 et seq.) or any other provision of law.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

248

(2) The Director may pay allowances and benefits related to officially 

authorized travel, personnel and physical security activities, operational 

activities, and cover-related activities (whether or not such allowances 

and benefits are otherwise authorized under this section or any other 

provision of law) when payment of such allowances and benefits is 

necessary to meet the special requirements of work related to such 

activities. Payment of allowances and benefits under this paragraph shall 

be in accordance with regulations prescribed by the Director. Rates for 

allowances and benefits under this paragraph may not be set at rates in 

excess of those authorized by sections 5724 and 5724a of title 5, United 

States Code, when reimbursement is provided for relocation attributable, 

in whole or in part, to relocation within the United States.

(3) Notwithstanding any other provision of this section or any other 

provision of law relating to the officially authorized travel of 

Government employees, the Director, in order to reflect Agency 

requirements not taken into account in the formulation of Governmentwide travel procedures, may by regulation—

(A) authorize the travel of officers and employees of the Agency, 

and of persons detailed or assigned to the Agency from other 

agencies of the Government or from the Armed Forces who are 

engaged in the performance of intelligence functions, and

(B) provide for payment for such travel, in classes of cases, as 

determined by the Director, in which such travel is important to 

the performance of intelligence functions.

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

this section and title 37, United States Code, for the same purpose. The 

Director and Secretary of Defense shall prescribe joint regulations to

carry out the preceding sentence.

(5) Regulations, other than regulations under paragraph (1), issued 

pursuant to this subsection shall be submitted to the Permanent Select 

Committee on Intelligence of the House of Representatives and the 

Select Committee on Intelligence of the Senate before such regulations 

take effect.

GENERAL AUTHORITIES

SEC. 5. [50 U.S.C. § 3506]

(a) IN GENERAL.—In the performance of its functions, the Central Intelligence 

Agency is authorized to—

(1) Transfer to and receive from other Government agencies such sums 

as may be approved by the Office of Management and Budget, for the 

performance of any of the functions or activities authorized under section
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

249

104A of the National Security Act of 1947 (50 U.S.C. [3036]), and any 

other Government agency is authorized to transfer to or receive from the 

Agency such sums without regard to any provisions of law limiting or 

prohibiting transfers between appropriations. Sums transferred to the 

Agency in accordance with this paragraph may be expended for the 

purposes and under the authority of this Act without regard to limitations 

of appropriations from which transferred;

(2) Exchange funds without regard to section 3651 of the Revised 

Statutes (31 U.S.C. 543);

(3) Reimburse other Government agencies for services of personnel 

assigned to the Agency, and such other Government agencies are 

authorized, without regard to provisions of law to the contrary, so to 

assign or detail any officer or employee for duty with the Agency;

(4) Authorize personnel designated by the Director to carry firearms to 

the extent necessary for the performance of the Agency’s authorized 

functions, except that, within the United States, such authority shall be 

limited to the purposes of protection of classified materials and 

information, the training of Agency personnel and other authorized 

persons in the use of firearms, the protection of Agency installations and 

property, the protection of current and former Agency personnel and 

their immediate families, defectors and their immediate families, and 

other persons in the United States under Agency auspices, and the 

protection of the Director of National Intelligence and current and former 

personnel of the Office of the Director of National Intelligence and their 

immediate families as the Director of National Intelligence may 

designate;

(5) Make alterations, improvements, and repairs on premises rented by 

the Agency, and pay rent therefor;

(6) Determine and fix the minimum and maximum limits of age within 

which an original appointment may be made to an operational position 

within the Agency, notwithstanding the provision of any other law, in 

accordance with such criteria as the Director, in his discretion, may 

prescribe;

(7) Notwithstanding section 1341(a)(1) of title 31, United States Code, 

enter into multiyear leases for up to 15 years; and

(8) Upon approval of the Director, provide, during any fiscal year, with 

or without reimbursement, subsistence to any personnel assigned to an 

overseas location designated by the Agency as an austere location.

(b) SCOPE OF AUTHORITY FOR EXPENDITURE.—

(1) The authority to enter into a multiyear lease under subsection (a)(7) 

shall be subject to appropriations provided in advance for—

(A) the entire lease; or
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

250

(B) the first 12 months of the lease and the Government’s 

estimated termination liability.

(2) In the case of any such lease entered into under subparagraph (B) of 

paragraph (1)—

(A) such lease shall include a clause that provides that the 

contract shall be terminated if budget authority (as defined by 

section 3(2) of the Congressional Budget and Impoundment 

Control Act of 1974 (2 U.S.C. 622(2)) is not provided 

specifically for that project in an appropriations Act in advance 

of an obligation of funds in respect thereto;

(B) notwithstanding section 1552 of title 31, United States Code, 

amounts obligated for paying termination costs with respect to 

such lease shall remain available until the costs associated with 

termination of such lease are paid;

(C) funds available for termination liability shall remain 

available to satisfy rental obligations with respect to such lease 

in subsequent fiscal years in the event such lease is not 

terminated early, but only to the extent those funds are in excess 

of the amount of termination liability at the time of their use to 

satisfy such rental obligations; and

(D) funds appropriated for a fiscal year may be used to make 

payments on such lease, for a maximum of 12 months, beginning 

any time during such fiscal year.

(c) TRANSFERS FOR ACQUISITION OF LAND.—

(1) Sums appropriated or otherwise made available to the Agency for the 

acquisition of land that are transferred to another department or agency 

for that purpose shall remain available for 3 years.

(2) The Director shall submit to the Select Committee on Intelligence of 

the Senate and the Permanent Select Committee on Intelligence of the 

House of Representatives a report on the transfer of sums described in 

paragraph (1) each time that authority is exercised.

PROTECTION OF NATURE OF AGENCY’S FUNCTIONS

SEC. 6. [50 U.S.C. § 3507]

In the interests of the security of the foreign intelligence activities of the United 

States and in order further to implement section 102A(i) of the National Security 

Act of 1947 that the Director of National Intelligence shall be responsible for 

protecting intelligence sources and methods from unauthorized disclosure, the 

Agency shall be exempted from the provisions of sections 1 and 2, chapter 795 of 

the Act of August 28, 1935 (49 Stat. 956, 957; 5 U.S.C. 654), and the provisions 

of any other laws which require the publication or disclosure of the organization, 
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

251

functions, names, official titles, salaries, or numbers of personnel employed by 

the Agency: Provided, That in furtherance of this section, the Director of the 

Office of Management and Budget shall make no reports to the Congress in 

connection with the Agency under section 607, title VI, chapter 212 of the Act of 

June 30, 1945, as amended (5 U.S.C. 947(b)).

[ADMISSION OF ESSENTIAL ALIENS; LIMITATION ON NUMBER]

SEC. 7. [50 U.S.C. § 3508] 

Whenever the Director, the Attorney General, and the Commissioner of 

Immigration and Naturalization shall determine that the admission of a particular 

alien into the United States for permanent residence is in the interest of national 

security or essential to the furtherance of the national intelligence mission, such 

alien and his immediate family shall be admitted to the United States for 

permanent residence without regard to their inadmissibility under the 

immigration or any other laws and regulations, or to the failure to comply with 

such laws and regulations pertaining to admissibility: Provided, That the number 

of aliens and members of their immediate families admitted to the United States 

under the authority of this section shall in no case exceed one hundred persons in 

any one fiscal year.

APPROPRIATIONS

SEC. 8. [50 U.S.C. § 3510] 

(a) Notwithstanding any other provisions of law, sums made available to the 

Agency by appropriation or otherwise may be expended for purposes necessary 

to carry out its functions, including—

(1) personal services, including personal services without regard to 

limitations on types of persons to be employed, and rent at the seat of 

government and elsewhere; health-service program as authorized by law 

(5 U.S.C. [7901]); payment of death benefits in cases in which the 

circumstances of the death of an employee of the Agency, a detailee of 

the Agency or other employee of another department or agency of the 

Federal Government assigned to the Agency, or an individual affiliated 

with the Agency (as determined by the Director), is not covered by 

section 11, other similar provisions of Federal law, or any regulation 

issued by the Director providing death benefits, but that the Director 

determines such payment appropriate; rental of news-reporting services; 

purchase or rental and operation of photographic, reproduction, 

cryptographic, duplication, and printing machines, equipment, and 

devices, and radio-receiving and radio-sending equipment and devices, 

including telegraph and teletype equipment; purchase, maintenance, 
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

252

operation, repair, and hire of passenger motor vehicles, and aircraft, and 

vessels of all kinds; subject to policies established by the Director, 

transportation of officers and employees of the Agency in Governmentowned automotive equipment between their domiciles and places of 

employment, where such personnel are engaged in work which makes 

such transportation necessary, and transportation in such equipment, to 

and from school, of children of Agency personnel who have quarters for 

themselves and their families at isolated stations outside the continental 

United States where adequate public or private transportation is not 

available; printing and binding; purchase, maintenance, and cleaning of 

firearms, including purchase, storage, and maintenance of ammunition; 

subject to policies established by the Director, expenses of travel in 

connection with, and expenses incident to attendance at meetings of 

professional, technical, scientific, and other similar organizations when 

such attendance would be a benefit in the conduct of the work of the 

Agency; association and library dues; payment of premiums or costs of 

surety bonds for officers or employees without regard to the provisions 

of 61 Stat. 646; 6 U.S.C. 14; payment of claims pursuant to 28 U.S.C.; 

acquisition of necessary land and the clearing of such land; construction 

of buildings and facilities without regard to 36 Stat. 699; 40 U.S.C. 259, 

267; repair, rental, operation, and maintenance of buildings, utilities, 

facilities, and appurtenances; and

(2) supplies, equipment, and personnel and contractual services 

otherwise authorized by law and regulations, when approved by the 

Director.

(b) The sums made available to the Agency may be expended without regard to 

the provisions of law and regulations relating to the expenditure of Government 

funds; and for objects of a confidential, extraordinary, or emergency nature, such 

expenditures to be accounted for solely on the certificate of the Director and 

every such certificate shall be deemed a sufficient voucher for the amount therein 

certified.

SEPARABILITY OF PROVISIONS

SEC. 9. [50 U.S.C. § 3501 note] 

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

circumstances, is held invalid, the remainder of this Act or the application of 

such provision to persons or circumstances other than those as to which it is held 

invalid, shall not be affected thereby.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

253

SHORT TITLE

SEC. 10. [50 U.S.C. § 3501 note]

This Act may be cited as the “Central Intelligence Agency Act of 1949”.

BENEFITS AVAILABLE IN EVENT OF THE DEATH OF PERSONNEL

SEC. 11. [50 U.S.C. § 3511]

(a) AUTHORITY.—The Director may pay death benefits substantially similar to 

those authorized for members of the Foreign Service pursuant to the Foreign 

Service Act of 1980 (22 U.S.C. 3901 et seq.) or any other provision of law. The 

Director may adjust the eligibility for death benefits as necessary to meet the 

unique requirements of the mission of the Agency.

(b) REGULATIONS.—Regulations issued pursuant to this section shall be 

submitted to the Select Committee on Intelligence of the Senate and the 

Permanent Select Committee on Intelligence of the House of Representatives 

before such regulations take effect.

GIFTS, DEVISES, AND BEQUESTS

SEC. 12. [50 U.S.C. § 3512] 

(a)(1) Subject to the provisions of this section, the Director may accept, hold, 

administer, and use gifts of money, securities, or other property whenever the 

Director determines it would be in the interest of the United States to do so.

(2) Any gift accepted by the Director as a gift to the Agency under this 

subsection (and any income produced by any such gift)—

(A) may be used only for—

(i) artistic display;

(ii) purposes relating to the general welfare, education, 

or recreation of employees or dependents of employees 

of the Agency or for similar purposes; or

(iii) purposes relating to the welfare, education, or 

recreation of an individual described in paragraph (3); 

and

(B) under no circumstances may such a gift (or any income 

produced by any such gift) be used for operational purposes.

(3) An individual described in this paragraph is an individual who—

(A) is an employee or a former employee of the Agency who 

suffered injury or illness while employed by the Agency that—

(i) resulted from hostile or terrorist activities;

(ii) occurred in connection with an intelligence activity 

having a significant element of risk; or
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

254

(iii) occurred under other circumstances determined by 

the Director to be analogous to the circumstances 

described in clause (i) or (ii);

(B) is a family member of such an employee or former 

employee; or

(C) is a surviving family member of an employee of the Agency 

who died in circumstances described in clause (i), (ii), or (iii) of 

subparagraph (A).

(4) The Director may not accept any gift under this section that is 

expressly conditioned upon any expenditure not to be met from the gift 

itself or from income produced by the gift unless such expenditure has 

been authorized by law.

(5) The Director may, in the Director’s discretion, determine that an 

individual described in subparagraph (A) or (B) of paragraph (3) may 

accept a gift for the purposes described in paragraph (2)(A)(iii).

(b) Unless otherwise restricted by the terms of the gift, the Director may sell or 

exchange, or invest or reinvest, any property which is accepted under subsection 

(a), but any such investment may only be in interest-bearing obligations of the 

United States or in obligations guaranteed as to both principal and interest by the 

United States.

(c) There is hereby created on the books of the Treasury of the United States a 

fund into which gifts of money, securities, and other intangible property accepted 

under the authority of subsection (a), and the earnings and proceeds thereof, shall 

be deposited. The assets of such fund shall be disbursed upon the order of the 

Director for the purposes specified in subsection (a) or (b).

(d) For purposes of Federal income, estate, and gift taxes, gifts accepted by the 

Director under subsection (a) shall be considered to be to or for the use of the 

United States.

(e) For the purposes of this section, the term “gift” includes a bequest or devise.

(f)(1) The Director may engage in fundraising in an official capacity for the 

benefit of nonprofit organizations that provide support to surviving family 

members of deceased Agency employees or that otherwise provide support for 

the welfare, education, or recreation of Agency employees, former Agency 

employees, or their family members.

(2) In this subsection, the term “fundraising” means the raising of funds 

through the active participation in the promotion, production, or 

presentation of an event designed to raise funds and does not include the 

direct solicitation of money by any other means.

(3) Not later than the date that is 7 days after the date the Director 

engages in fundraising authorized by this subsection or at the time the 

decision is made to participate in such fundraising, the Director shall 

notify the Select Committee on Intelligence of the Senate and the 
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

255

Permanent Select Committee on Intelligence of the House of 

Representatives of the fundraising.

(g) The Director, in consultation with the Director of the Office of Government 

Ethics, shall issue regulations to carry out the authority provided in this section. 

Such regulations shall ensure that such authority is exercised consistent with all 

relevant ethical constraints and principles, including—

(1) the avoidance of any prohibited conflict of interest or appearance of 

impropriety; and

(2) a prohibition against the acceptance of a gift from a foreign 

government or an agent of a foreign government.

MISUSE OF AGENCY NAME, INITIALS, OR SEAL

SEC. 13. [50 U.S.C. § 3513] 

(a) No person may, except with the written permission of the Director, knowingly 

use the words “Central Intelligence Agency”, the initials “CIA”, the seal of the 

Central Intelligence Agency, or any colorable imitation of such words, initials, or 

seal in connection with any merchandise, impersonation, solicitation, or 

commercial activity in a manner reasonably calculated to convey the impression 

that such use is approved, endorsed, or authorized by the Central Intelligence 

Agency.

(b) Whenever it appears to the Attorney General that any person is engaged or is 

about to engage in an act or practice which constitutes or will constitute conduct 

prohibited by subsection (a), the Attorney General may initiate a civil proceeding 

in a district court of the United States to enjoin such act or practice. Such court 

shall proceed as soon as practicable to the hearing and determination of such 

action and may, at any time before final determination, enter such restraining 

orders or prohibitions, or take such other action as is warranted, to prevent injury 

to the United States or to any person or class of persons for whose protection the 

action is brought.

RETIREMENT EQUITY FOR SPOUSES OF CERTAIN EMPLOYEES

SEC. 14. [50 U.S.C. § 3514] 

(a) The provisions of sections 102, 221(b)(1)-(3), 221(f), 221(g), 221(i)(2), 

221(j), 221(m), 222, 223, 224, 225, 232(b), 241(b), 241(d) and 264(b) of the 

Central Intelligence Agency Retirement Act (50 U.S.C. 403 note) establishing 

certain requirements, limitations, rights, entitlements, and benefits relating to 

retirement annuities, survivor benefits, and lump-sum payments for a spouse or 

former spouse of an Agency employee who is a participant in the Central 

Intelligence Agency Retirement and Disability System shall apply in the same 
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

256

manner and to the same extent in the case of an Agency employee who is a 

participant in the Civil Service Retirement and Disability System.

(b) The Director of the Office of Personnel Management, in consultation with the 

Director of the Central Intelligence Agency, shall prescribe such regulations as 

may be necessary to implement the provisions of this section.

SECURITY PERSONNEL AT AGENCY INSTALLATIONS

SEC. 15. [50 U.S.C. § 3515]

(a)(1) The Director may authorize Agency personnel within the United States to 

perform the same functions as officers and agents of the Department of 

Homeland Security, as provided in section 1315(b)(2) of title 40, United States 

Code, with the powers set forth in that section, except that such personnel shall 

perform such functions and exercise such powers—

(A) within the Agency Headquarters Compound and the property 

controlled and occupied by the Federal Highway Administration 

located immediately adjacent to such Compound;

(B) in the streets, sidewalks, and the open areas within the zone 

beginning at the outside boundary of such Compound and 

property and extending outward 500 yards;

(C) within any other Agency installation and protected property; 

and

(D) in the streets, sidewalks, and open areas within the zone 

beginning at the outside boundary of any installation or property 

referred to in subparagraph (C) and extending outward 500 

yards.

(2) The performance of functions and exercise of powers under 

subparagraph (B) or (D) of paragraph (1) shall be limited to those 

circumstances where such personnel can identify specific and articulable 

facts giving such personnel reason to believe that the performance of 

such functions and exercise of such powers is reasonable to protect 

against physical damage or injury, or threats of physical damage or 

injury, to Agency installations, property, or employees.

(3) Nothing in this subsection shall be construed to preclude, or limit in 

any way, the authority of any Federal, State, or local law enforcement 

agency, or any other Federal police or Federal protective service.

(4) The rules and regulations enforced by such personnel shall be the 

rules and regulations prescribed by the Director and shall only be 

applicable to the areas referred to in subparagraph (A) or (C) of 

paragraph (1).

(b) The Director is authorized to establish penalties for violations of the rules or 

regulations promulgated by the Director under subsection (a) of this section. 
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

257

Such penalties shall not exceed those specified in section 1315(c)(2) of title 40, 

United States Code.

(c) Agency personnel designated by the Director under subsection (a) of this 

section shall be clearly identifiable as United States Government security 

personnel while engaged in the performance of the functions to which subsection 

(a) of this section refers.

(d)(1) Notwithstanding any other provision of law, any Agency personnel 

designated by the Director under subsection (a) of this section, or designated by

the Director under section 5(a)(4) to carry firearms for the protection of current 

or former Agency personnel and their immediate families, defectors and their 

immediate families, and other persons in the United States under Agency 

auspices, shall be considered for purposes of chapter 171 of title 28, United 

States Code, or any other provision of law relating to tort liability, to be acting 

within the scope of their office or employment when such Agency personnel take 

reasonable action, which may include the use of force, to—

(A) protect an individual in the presence of such Agency 

personnel from a crime of violence;

(B) provide immediate assistance to an individual who has 

suffered or who is threatened with bodily harm; or

(C) prevent the escape of any individual whom such Agency 

personnel reasonably believe to have committed a crime of 

violence in the presence of such Agency personnel.

(2) Paragraph (1) shall not affect the authorities of the Attorney General 

under section 2679 of title 28, United States Code.

(3) In this subsection, the term “crime of violence” has the meaning 

given that term in section 16 of title 18, United States Code.

HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES OF 

CENTRAL INTELLIGENCE AGENCY EMPLOYEES

SEC. 16. [50 U.S.C. § 3516] 

(a)(1) formerly married to an employee or former employee of the Agency, 

whose marriage was dissolved by divorce or annulment before May 7, 1985;

(2) who, at any time during the eighteen-month period before the divorce 

or annulment became final, was covered under a health benefits plan as a 

member of the family of such employee or former employee; and

(3) who was married to such employee for not less than ten years during 

periods of service by such employee with the Agency, at least five years 

of which were spent outside the United States by both the employee and 

the former spouse, 

is eligible for coverage under a health benefits plan in accordance with the 

provisions of this section.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

258

(b)(1) Any individual eligible for coverage under subsection (a) may enroll in a 

health benefits plan for self alone or for self and family if, before the expiration 

of the six-month period beginning on October 1, 1986, and in accordance with 

such procedures as the Director of the Office of Personnel Management shall by 

regulation prescribe, such individual—

(A) files an election for such enrollment; and

(B) arranges to pay currently into the Employees Health Benefits 

Fund under section 8909 of title 5, United States Code, an 

amount equal to the sum of the employee and agency 

contributions payable in the case of an employee enrolled under 

chapter 89 of such title in the same health benefits plan and with 

the same level of benefits.

(2) The Director of the Central Intelligence Agency shall, as soon as 

possible, take all steps practicable—

(A) to determine the identity and current address of each former 

spouse eligible for coverage under subsection (a); and

(B) to notify each such former spouse of that individual’s rights 

under this section.

(3) The Director of the Office of Personnel Management, upon 

notification by the Director of the Central Intelligence Agency, shall 

waive the six-month limitation set forth in paragraph (1) in any case in 

which the Director of the Central Intelligence Agency determines that the 

circumstances so warrant.

(c) ELIGIBILITY OF FORMER WIVES OR HUSBANDS.—

(1) Notwithstanding subsections (a) and (b) and except as provided in 

subsections (d), (e), and (f), an individual—

(A) who was divorced on or before December 4, 1991, from a 

participant or retired participant in the Central Intelligence 

Agency Retirement and Disability System or the Federal 

Employees Retirement System Special Category;

(B) who was married to such participant for not less than ten 

years during the participant’s creditable service, at least five 

years of which were spent by the participant during the 

participant’s service as an employee of the Agency outside the 

United States, or otherwise in a position the duties of which 

qualified the participant for designation by the Director as a 

participant under section 203 of the Central Intelligence Agency 

Retirement Act (50 U.S.C. 2013); and

(C) who was enrolled in a health benefits plan as a family 

member at any time during the 18-month period before the date 

of dissolution of the marriage to such participant;

is eligible for coverage under a health benefits plan.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

259

(2) A former spouse eligible for coverage under paragraph (1) may enroll 

in a health benefits plan in accordance with subsection (b)(1), except that 

the election for such enrollment must be submitted within 60 days after 

the date on which the Director notifies the former spouse of such 

individual’s eligibility for health insurance coverage under this 

subsection.

(d) CONTINUATION OF ELIGIBILITY.—Notwithstanding subsections (a), (b), and 

(c) and except as provided in subsections (e) and (f), an individual divorced on or 

before December 4, 1991, from a participant or retired participant in the Central 

Intelligence Agency Retirement and Disability System or Federal Employees’

Retirement System Special Category who enrolled in a health benefits plan 

following the dissolution of the marriage to such participant may continue 

enrollment following the death of such participant notwithstanding the 

termination of the retirement annuity of such individual.

(e)(1) Any former spouse who remarries before age fifty-five is not eligible to 

make an election under subsection (b)(1).

(2) Any former spouse enrolled in a health benefits plan pursuant to an 

election under subsection (b)(1) or to subsection (d) may continue the 

enrollment under the conditions of eligibility which the Director of the 

Office of Personnel Management shall by regulation prescribe, except 

that any former spouse who remarries before age fifty-five shall not be 

eligible for continued enrollment under this section after the end of the 

thirty-one-day period beginning on the date of remarriage.

(3)(A) A former spouse who is not eligible to enroll or to continue 

enrollment in a health benefits plan under this section solely because of 

remarriage before age fifty-five shall be restored to such eligibility on the 

date such remarriage is dissolved by death, annulment, or divorce.

(B) A former spouse whose eligibility is restored under 

subparagraph (A) may, under regulations which the Director of 

the Office of Personnel Management shall prescribe, enroll in a 

health benefits plan if such former spouse—

(i) was an individual referred to in paragraph (1) and was 

an individual covered under a benefits plan as a family 

member at any time during the 18-month period before 

the date of dissolution of the marriage to the Agency 

employee or annuitant; or

(ii) was an individual referred to in paragraph (2) and 

was an individual covered under a benefits plan 

immediately before the remarriage ended the enrollment.

(f) No individual may be covered by a health benefits plan under this section 

during any period in which such individual is enrolled in a health benefits plan 
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

260

under any other authority, nor may any individual be covered under more than 

one enrollment under this section.

(g) For purposes of this section the term “health benefits plan” means an 

approved health benefits plan under chapter 89 of title 5, United States Code.

INSPECTOR GENERAL FOR AGENCY

SEC. 17. [50 U.S.C. § 3517] 

(a) PURPOSE; ESTABLISHMENT.—In order to—

(1) create an objective and effective office, appropriately accountable to 

Congress, to initiate and conduct independently inspections, 

investigations, and audits relating to programs and operations of the 

Agency;

(2) provide leadership and recommend policies designed to promote 

economy, efficiency, and effectiveness in the administration of such 

programs and operations, and detect fraud and abuse in such programs 

and operations;

(3) provide a means for keeping the Director fully and currently 

informed about problems and deficiencies relating to the administration 

of such programs and operations, and the necessity for and the progress 

of corrective actions; and

(4) in the manner prescribed by this section, ensure that the Senate Select 

Committee on Intelligence and the House Permanent Select Committee 

on Intelligence (hereafter in this section referred to collectively as the 

“intelligence committees”) are kept similarly informed of significant 

problems and deficiencies as well as the necessity for and the progress of 

corrective actions, 

there is hereby established in the Agency an Office of Inspector General 

(hereafter in this section referred to as the “Office”).

(b) APPOINTMENT; SUPERVISION; REMOVAL.—

(1) There shall be at the head of the Office an Inspector General who 

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

of the Senate. This appointment shall be made without regard to political 

affiliation and shall be on the basis of integrity and demonstrated ability 

in accounting, auditing, financial analysis, law, management analysis, 

public administration, or investigation. Such appointment shall also be 

made on the basis of compliance with the security standards of the 

Agency and prior experience in the field of foreign intelligence.

(2) The Inspector General shall report directly to and be under the 

general supervision of the Director.

(3) The Director may prohibit the Inspector General from initiating, 

carrying out, or completing any audit, inspection, or investigation, or 
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

261

from issuing any subpoena, after the Inspector General has decided to 

initiate, carry out, or complete such audit, inspection, or investigation or 

to issue such subpoena, if the Director determines that such prohibition is 

necessary to protect vital national security interests of the United States.

(4) If the Director exercises any power under paragraph (3), he shall 

submit an appropriately classified statement of the reasons for the 

exercise of such power within seven days to the intelligence committees. 

The Director shall advise the Inspector General at the time such report is 

submitted, and, to the extent consistent with the protection of intelligence 

sources and methods, provide the Inspector General with a copy of any 

such report. In such cases, the Inspector General may submit such 

comments to the intelligence committees that he considers appropriate.

(5) In accordance with section 535 of title 28, United States Code, the 

Inspector General shall report to the Attorney General any information, 

allegation, or complaint received by the Inspector General relating to 

violations of Federal criminal law that involve a program or operation of 

the Agency, consistent with such guidelines as may be issued by the 

Attorney General pursuant to subsection (b)(2) of such section. A copy 

of all such reports shall be furnished to the Director.

(6) The Inspector General may be removed from office only by the 

President. The President shall communicate in writing to the intelligence 

committees the reasons for any such removal not later than 30 days prior 

to the effective date of such removal. Nothing in this paragraph shall be 

construed to prohibit a personnel action otherwise authorized by law, 

other than transfer or removal.

(c) DUTIES AND RESPONSIBILITIES.—It shall be the duty and responsibility of the 

Inspector General appointed under this section—

(1) to provide policy direction for, and to plan, conduct, supervise, and 

coordinate independently, the inspections, investigations, and audits 

relating to the programs and operations of the Agency to ensure they are 

conducted efficiently and in accordance with applicable law and 

regulations;

(2) to keep the Director fully and currently informed concerning 

violations of law and regulations, fraud and other serious problems, 

abuses and deficiencies that may occur in such programs and operations, 

and to report the progress made in implementing corrective action;

(3) to take due regard for the protection of intelligence sources and 

methods in the preparation of all reports issued by the Office, and, to the 

extent consistent with the purpose and objective of such reports, take 

such measures as may be appropriate to minimize the disclosure of 

intelligence sources and methods described in such reports; and
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

262

(4) in the execution of his responsibilities, to comply with generally 

accepted government auditing standards.

(d) SEMIANNUAL REPORTS; IMMEDIATE REPORTS OF SERIOUS OR FLAGRANT 

PROBLEMS; REPORTS OF FUNCTIONAL PROBLEMS; REPORTS TO CONGRESS ON 

URGENT CONCERNS.—

(1) The Inspector General shall, not later than October 31 and April 30 of 

each year, prepare and submit to the Director a classified semiannual 

report summarizing the activities of the Office during the immediately 

preceding six-month periods ending September 30 and March 31, 

respectively. Not later than 30 days after the date of the receipt of such 

reports, the Director shall transmit such reports to the intelligence 

committees with any comments he may deem appropriate. Such reports 

shall, at a minimum, include a list of the title or subject of each 

inspection, investigation, review, or audit conducted during the reporting 

period and—

(A) a description of significant problems, abuses, and 

deficiencies relating to the administration of programs and 

operations of the Agency identified by the Office during the 

reporting period;

(B) a description of the recommendations for corrective action 

made by the Office during the reporting period with respect to 

significant problems, abuses, or deficiencies identified in 

subparagraph (A);

(C) a statement of whether corrective action has been completed 

on each significant recommendation described in previous 

semiannual reports, and, in a case where corrective action has 

been completed, a description of such corrective action;

(D) a certification that the Inspector General has had full and 

direct access to all information relevant to the performance of his 

functions;

(E) a description of the exercise of the subpoena authority under 

subsection (e)(5) by the Inspector General during the reporting 

period; and

(F) such recommendations as the Inspector General may wish to 

make concerning legislation to promote economy and efficiency 

in the administration of programs and operations undertaken by 

the Agency, and to detect and eliminate fraud and abuse in such 

programs and operations.

(2) The Inspector General shall report immediately to the Director 

whenever he becomes aware of particularly serious or flagrant problems, 

abuses, or deficiencies relating to the administration of programs or 

operations. The Director shall transmit such report to the intelligence 
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

263

committees within seven calendar days, together with any comments he 

considers appropriate.

(3) In the event that—

(A) the Inspector General is unable to resolve any differences 

with the Director affecting the execution of the Inspector 

General‘s duties or responsibilities;

(B) an investigation, inspection, or audit carried out by the 

Inspector General should focus on any current or former Agency 

official who—

(i) holds or held a position in the Agency that is subject 

to appointment by the President, by and with the advice 

and consent of the Senate, including such a position held 

on an acting basis; or

(ii) holds or held the position in the Agency, including 

such a position held on an acting basis, of—

(I) Deputy Director;

(II) Associate Deputy Director;

(III) Director of the National Clandestine 

Service;

(IV) Director of Intelligence;

(V) Director of Support; or

(VI) Director of Science and Technology.

(C) a matter requires a report by the Inspector General to the 

Department of Justice on possible criminal conduct by a current 

or former Agency official described or referred to in 

subparagraph (B);

(D) the Inspector General receives notice from the Department 

of Justice declining or approving prosecution of possible 

criminal conduct of any of the officials described in 

subparagraph (B); or

(E) the Inspector General, after exhausting all possible 

alternatives, is unable to obtain significant documentary 

information in the course of an investigation, inspection, or 

audit, 

the Inspector General shall immediately notify and submit a report on 

such matter to the intelligence committees.

(4) Pursuant to Title V of the National Security Act of 1947, the Director 

shall submit to the intelligence committees any report or findings and 

recommendations of an inspection, investigation, or audit conducted by 

the office which has been requested by the Chairman or Ranking 

Minority Member of either committee.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

264

(5)(A) An employee of the Agency, or of a contractor to the Agency, 

who intends to report to Congress a complaint or information with 

respect to an urgent concern may report such complaint or information to 

the Inspector General.

(B)(i) Not later than the end of the 14-calendar day period 

beginning on the date of receipt from an employee of a 

complaint or information under subparagraph (A), the Inspector 

General shall determine whether the complaint or information 

appears credible. Upon making such a determination, the 

Inspector General shall transmit to the Director notice of that 

determination, together with the complaint or information.

(ii) If the Director determines that a complaint or 

information transmitted under paragraph (1) would 

create a conflict of interest for the Director, the Director 

shall return the complaint or information to the Inspector 

General with that determination and the Inspector 

General shall make the transmission to the Director of 

National Intelligence. In such a case, the requirements of 

this subsection for the Director of the Central 

Intelligence Agency apply to the Director of National 

Intelligence [sic]

(C) Upon receipt of a transmittal from the Inspector General 

under subparagraph (B), the Director shall, within 7 calendar 

days of such receipt, forward such transmittal to the intelligence 

committees, together with any comments the Director considers 

appropriate.

(D)(i) If the Inspector General does not find credible under 

subparagraph (B) a complaint or information submitted under 

subparagraph (A), or does not transmit the complaint or 

information to the Director in accurate form under subparagraph 

(B), the employee (subject to clause (ii)) may submit the 

complaint or information to Congress by contacting either or 

both of the intelligence committees directly.

(ii) The employee may contact the intelligence 

committees directly as described in clause (i) only if the 

employee—

(I) before making such a contact, furnishes to the 

Director, through the Inspector General, a 

statement of the employee’s complaint or 

information and notice of the employee’s intent 

to contact the intelligence committees directly; 

and
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

265

(II) obtains and follows from the Director, 

through the Inspector General, direction on how 

to contact the intelligence committees in 

accordance with appropriate security practices.

(iii) A member or employee of one of the intelligence 

committees who receives a complaint or information 

under clause (i) does so in that member or employee‘s 

official capacity as a member or employee of that 

committee.

(E) The Inspector General shall notify an employee who reports 

a complaint or information to the Inspector General under this 

paragraph of each action taken under this paragraph with respect 

to the complaint or information. Such notice shall be provided 

not later than 3 days after any such action is taken.

(F) An action taken by the Director or the Inspector General 

under this paragraph shall not be subject to judicial review.

(G) In this paragraph:

(i) The term “urgent concern” means any of the 

following:

(I) A serious or flagrant problem, abuse, 

violation of law or Executive order, or 

deficiency relating to the funding, 

administration, or operations of an intelligence 

activity involving classified information, but 

does not include differences of opinions 

concerning public policy matters.

(II) A false statement to Congress, or a willful 

withholding from Congress, on an issue of 

material fact relating to the funding, 

administration, or operation of an intelligence 

activity.

(III) An action, including a personnel action 

described in section 2302(a)(2)(A) of title 5,

United States Code, constituting reprisal or 

threat of reprisal prohibited under subsection 

(e)(3)(B) in response to an employee’s reporting 

an urgent concern in accordance with this 

paragraph.

(ii) The term “intelligence committees” means the 

Permanent Select Committee on Intelligence of the 

House of Representatives and the Select Committee on 

Intelligence of the Senate.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

266

(H) An individual who has submitted a complaint or information 

to the Inspector General under this section may notify any 

member of the Permanent Select Committee on Intelligence of 

the House of Representatives or the Select Committee on 

Intelligence of the Senate, or a staff member of either such 

Committee, of the fact that such individual has made a 

submission to the Inspector General, and of the date on which 

such submission was made.

(e) AUTHORITIES OF THE INSPECTOR GENERAL.—

(1) The Inspector General shall have direct and prompt access to the 

Director when necessary for any purpose pertaining to the performance 

of his duties.

(2) The Inspector General shall have access to any employee or any 

employee of a contractor of the Agency whose testimony is needed for 

the performance of his duties. In addition, he shall have direct access to 

all records, reports, audits, reviews, documents, papers,

recommendations, or other material which relate to the programs and 

operations with respect to which the Inspector General has 

responsibilities under this section. Failure on the part of any employee or 

contractor to cooperate with the Inspector General shall be grounds for 

appropriate administrative actions by the Director, to include loss of 

employment or the termination of an existing contractual relationship.

(3) The Inspector General is authorized to receive and investigate 

complaints or information from any person concerning the existence of 

an activity constituting a violation of laws, rules, or regulations, or 

mismanagement, gross waste of funds, abuse of authority, or a 

substantial and specific danger to the public health and safety. Once such 

complaint or information has been received from an employee of the 

Agency—

(A) the Inspector General shall not disclose the identity of the 

employee without the consent of the employee, unless the 

Inspector General determines that such disclosure is unavoidable 

during the course of the investigation or the disclosure is made to 

an official of the Department of Justice responsible for 

determining whether a prosecution should be undertaken; and

(B) no action constituting a reprisal, or threat of reprisal, for 

making such complaint or providing such information may be 

taken by any employee of the Agency in a position to take such 

actions, unless the complaint was made or the information was 

disclosed with the knowledge that it was false or with willful 

disregard for its truth or falsity.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

267

(4) The Inspector General shall have authority to administer to or take 

from any person an oath, affirmation, or affidavit, whenever necessary in 

the performance of his duties, which oath2 affirmation, or affidavit when 

administered or taken by or before an employee of the Office designated 

by the Inspector General shall have the same force and effect as if 

administered or taken by or before an officer having a seal.

(5)(A) Except as provided in subparagraph (B), the Inspector General is 

authorized to require by subpoena the production of all information, 

documents, reports, answers, records, accounts, papers, and other data in 

any medium (including electronically stored information or any tangible 

thing) and documentary evidence necessary in the performance of the 

duties and responsibilities of the Inspector General.

(B) In the case of Government agencies, the Inspector General 

shall obtain information, documents, reports, answers, records, 

accounts, papers, and other data and evidence for the purpose 

specified in subparagraph (A) using procedures other than by 

subpoenas.

(C) The Inspector General may not issue a subpoena for or on 

behalf of any other element or component of the Agency.

(D) In the case of contumacy or refusal to obey a subpoena 

issued under this paragraph, the subpoena shall be enforceable 

by order of any appropriate district court of the United States.

(6) The Inspector General shall be provided with appropriate and 

adequate office space at central and field office locations, together with 

such equipment, office supplies, maintenance services, and 

communications facilities and services as may be necessary for the 

operation of such offices.

(7)(A) Subject to applicable law and the policies of the Director, the 

Inspector General shall select, appoint and employ such officers and 

employees as may be necessary to carry out his functions. In making 

such selections, the Inspector General shall ensure that such officers and 

employees have the requisite training and experience to enable him to 

carry out his duties effectively. In this regard, the Inspector General shall 

create within his organization a career cadre of sufficient size to provide 

appropriate continuity and objectivity needed for the effective 

performance of his duties.

(B) Consistent with budgetary and personnel resources allocated 

by the Director, the Inspector General has final approval of—

(i) the selection of internal and external candidates for 

employment with the Office of Inspector General; and

(ii) all other personnel decisions concerning personnel 

permanently assigned to the Office of Inspector General, 
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

268

including selection and appointment to the Senior 

Intelligence Service, but excluding all security-based 

determinations that are not within the authority of a head 

of other Central Intelligence Agency offices.

(C)(i) The Inspector General may designate an officer or 

employee appointed in accordance with subparagraph (A) as a 

law enforcement officer solely for purposes of subchapter III of 

chapter 83 or chapter 84 of title 5, United States Code, if such 

officer or employee is appointed to a position with responsibility 

for investigating suspected offenses against the criminal laws of 

the United States.

(ii) In carrying out clause (i), the Inspector General shall 

ensure that any authority under such clause is exercised 

in a manner consistent with section 3307 of title 5,

United States Code, as it relates to law enforcement 

officers.

(iii) For purposes of applying sections 3307(d), 8335(b), 

and 8425(b) of title 5, United States Code, the Inspector 

General may exercise the functions, powers, and duties 

of an agency head or appointing authority with respect to 

the Office.

(8)(A) The Inspector General shall—

(i) appoint a Counsel to the Inspector General who shall 

report to the Inspector General; or

(ii) obtain the services of a counsel appointed by and 

directly reporting to another Inspector General or the 

Council of the Inspectors General on Integrity and 

Efficiency on a reimbursable basis.

(B) The counsel appointed or obtained under subparagraph (A) 

shall perform such functions as the Inspector General may 

prescribe.

(9)(A) The Inspector General may request such information or assistance 

as may be necessary for carrying out the duties and responsibilities of the 

Inspector General provided by this section from any Federal, State, or 

local governmental agency or unit thereof.

(B) Upon request of the Inspector General for information or 

assistance from a department or agency of the Federal 

Government, the head of the department or agency involved, 

insofar as practicable and not in contravention of any existing 

statutory restriction or regulation of such department or agency, 

shall furnish to the Inspector General, or to an authorized 

designee, such information or assistance.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

269

(C) Nothing in this paragraph may be construed to provide any 

new authority to the Central Intelligence Agency to conduct 

intelligence activity in the United States.

(D) In this paragraph, the term “State” means each of the several 

States, the District of Columbia, the Commonwealth of Puerto 

Rico, the Commonwealth of the Northern Mariana Islands, and 

any territory or possession of the United States.

(f) SEPARATE BUDGET ACCOUNT.—

(1) Beginning with fiscal year 1991, and in accordance with procedures 

to be issued by the Director of National Intelligence in consultation with 

the intelligence committees, the Director of National Intelligence shall 

include in the National Intelligence Program budget a separate account 

for the Office of Inspector General established pursuant to this section.

(2) For each fiscal year, the Inspector General shall transmit a budget 

estimate and request through the Director to the Director of National 

Intelligence that specifies for such fiscal year

(A) the aggregate amount requested for the operations of the 

Inspector General;

(B) the amount requested for all training requirements of the 

Inspector General, including a certification from the Inspector 

General that the amount requested is sufficient to fund all 

training requirements for the Office; and

(C) the amount requested to support the Council of the 

Inspectors General on Integrity and Efficiency, including a 

justification for such amount.

(3) In transmitting a proposed budget to the President for a fiscal year, 

the Director of National Intelligence shall include for such fiscal year

(A) the aggregate amount requested for the Inspector General of 

the Central Intelligence Agency;

(B) the amount requested for Inspector General training;

(C) the amount requested to support the Council of the 

Inspectors General on Integrity and Efficiency; and

(D) the comments of the Inspector General, if any, with respect 

to such proposed budget.

(4) The Director of National Intelligence shall submit to the Committee 

on Appropriations and the Select Committee on Intelligence of the 

Senate and the Committee on Appropriations and the Permanent Select 

Committee on Intelligence of the House of Representatives for each 

fiscal year—

(A) a separate statement of the budget estimate transmitted 

pursuant to paragraph (2);
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

270

(B) the amount requested by the Director of National 

Intelligence for the Inspector General pursuant to paragraph 

(3)(A);

(C) the amount requested by the Director of National 

Intelligence for training of personnel of the Office of the 

Inspector General pursuant to paragraph (3)(B);

(D) the amount requested by the Director of National 

Intelligence for support for the Council of the Inspectors General 

on Integrity and Efficiency pursuant to paragraph (3)(C); and

(E) the comments of the Inspector General under paragraph 

(3)(D), if any, on the amounts requested pursuant to paragraph 

(3), including whether such amounts would substantially inhibit 

the Inspector General from performing the duties of the Office.

(g) TRANSFER.—There shall be transferred to the Office the office of the Agency 

referred to as the “Office of Inspector General.” The personnel, assets, liabilities, 

contracts, property, records, and unexpended balances of appropriations, 

authorizations, allocations, and other funds employed, held, used, arising from, or 

available to such “Office of Inspector General” are hereby transferred to the 

Office established pursuant to this section.

(h) INFORMATION ON WEBSITE.—

(1) The Director of the Central Intelligence Agency shall establish and 

maintain on the homepage of the Agency’s publicly accessible website 

information relating to the Office of the Inspector General including 

methods to contact the Inspector General.

(2) The information referred to in paragraph (1) shall be obvious and 

facilitate accessibility to the information related to the Office of the 

Inspector General.

[INSPECTOR GENERAL FOR AGENCY CONTINUED]

[SEC. 17. 50 U.S.C. § 3517 note]

RULE OF CONSTRUCTION.—Subparagraph (C) of section 17(e)(7) of the Central 

Intelligence Agency Act of 1949 (50 U.S.C. 3517(e)(7)) [as added by P.L. 115-

31] may not be construed to confer on the Inspector General of the Central 

Intelligence Agency, or any other officer or employee of the Agency, any police 

or law enforcement or internal security functions or authorities. 
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

271

SPECIAL ANNUITY COMPUTATION RULES FOR 

CERTAIN EMPLOYEES’ SERVICE ABROAD

SEC. 18. [50 U.S.C. § 3518]

(a) Notwithstanding any provision of chapter 83 of title 5, United States Code, 

the annuity under subchapter III of such chapter of an officer or employee of the 

Central Intelligence Agency who retires on or after October 1, 1989, is not 

designated under section 203 of the Central Intelligence Agency Retirement Act, 

and has served abroad as an officer or employee of the Agency on or after 

January 1, 1987, shall be computed as provided in subsection (b).

(b)(1) The portion of the annuity relating to such service abroad that is actually 

performed at any time during the officer’s or employee’s first ten years of total 

service shall be computed at the rate and using the percent of average pay 

specified in section 8339(a)(3) of title 5, United States Code that is normally 

applicable only to so much of an employee’s total service as exceeds ten years.

(2) The portion of the annuity relating to service abroad as described in 

subsection (a) but that is actually performed at any time after the 

officer’s or employee’s first ten years of total service shall be computed 

as provided in section 8339(a)(3) of title 5, United States Code; but, in 

addition, the officer or employee shall be deemed for annuity 

computation purposes to have actually performed an equivalent period of 

service abroad during his or her first ten years of total service, and in 

calculating the portion of the officer’s or employee’s annuity for his or 

her first ten years of total service, the computation rate and percent of 

average pay specified in paragraph (1) shall also be applied to the period 

of such deemed or equivalent service abroad.

(3) The portion of the annuity relating to other service by an officer or 

employee as described in subsection (a) shall be computed as provided in 

the provisions of section 8339(a) of title 5, United States Code that 

would otherwise be applicable to such service.

(4) For purposes of this subsection, the term “total service” has the 

meaning given such term under chapter 83 of title 5, United States Code.

(c) For purposes of subsections (f) through (m) of section 8339 of title 5, United 

States Code, an annuity computed under this section shall be deemed to be an 

annuity computed under subsections (a) and (o) of section 8339 of title 5, United 

States Code.

(d) The provisions of subsection (a) of this section shall not apply to an officer or 

employee of the Central Intelligence Agency who would otherwise be entitled to 

a greater annuity computed under an otherwise applicable subsection of section 

8339 of title 5, United States Code.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

272

SPECIAL RULES FOR DISABILITY RETIREMENT AND DEATH-IN-SERVICE 

BENEFITS WITH RESPECT TO CERTAIN EMPLOYEES

SEC. 19. [50 U.S.C. § 3519]

(a) OFFICERS AND EMPLOYEES TO WHOM CIARDS SECTION 231 RULES 

APPLY.—Notwithstanding any other provision of law, an officer or employee of 

the Central Intelligence Agency subject to retirement system coverage under 

subchapter III of chapter 83 of title 5, United States Code who—

(1) has five years of civilian service credit toward retirement under such 

subchapter III of chapter 83, title 5, United States Code;

(2) has not been designated under section 203 of the Central Intelligence 

Agency Retirement Act (50 U.S.C. 403 note), as a participant in the 

Central Intelligence Agency Retirement and Disability System;

(3) has become disabled during a period of assignment to the 

performance of duties that are qualifying toward such designation under 

such section 203; and

(4) satisfies the requirements for disability retirement under section 8337 

of title 5, United States Code—

shall, upon his own application or upon order of the Director, be retired on an 

annuity computed in accordance with the rules prescribed in section 231 of such 

Act, in lieu of an annuity computed as provided by section 8337 of title 5, United 

States Code.

(b) SURVIVORS OF OFFICERS AND EMPLOYEES TO WHOM CIARDS SECTION 232

RULES APPLY.—Notwithstanding any other provision of law, in the case of an 

officer or employee of the Central Intelligence Agency subject to retirement 

system coverage under subchapter III of chapter 83, title 5, United States Code, 

who—

(1) has at least eighteen months of civilian service credit toward 

retirement under such subchapter III of chapter 83, title 5, United States 

Code;

(2) has not been designated under section 203 of the Central Intelligence 

Agency Retirement Act (50 U.S.C. 2013), as a participant in the Central 

Intelligence Agency Retirement and Disability System;

(3) prior to separation or retirement from the Agency, dies during a 

period of assignment to the performance of duties that are qualifying 

toward such designation under such section 203; and

(4) is survived by a surviving spouse, former spouse, or child as defined 

in section 102 of the Central Intelligence Agency Retirement Act[2]

, who 

 2 Language includes the U.S.C. execution of Pub. L. 102–496, §803(a)(3)(B)(iii) to 

reflect the probable intent of Congress.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

273

would otherwise be entitled to an annuity under section 8341 of title 5, 

United States Code—

such surviving spouse, former spouse, or child of such officer or employee shall 

be entitled to an annuity computed in accordance with section 232 of such Act, in 

lieu of an annuity computed in accordance with section 8341 of title 5, United 

States Code.

(c) ANNUITIES UNDER THIS SECTION DEEMED ANNUITIES UNDER CSRS.—The 

annuities provided under subsections (a) and (b) of this section shall be deemed 

to be annuities under chapter 83 of title 5, United States Code, for purposes of the 

other provisions of such chapter and other laws (including the Internal Revenue 

Code of 1986) relating to such annuities, and shall be payable from the Central 

Intelligence Agency Retirement and Disability Fund maintained pursuant to 

section 202 of the Central Intelligence Agency Retirement Act.

SPECIAL RULES FOR CERTAIN INDIVIDUALS INJURED BY REASON OF WAR,

INSURGENCY, HOSTILE ACT, TERRORIST ACTIVITIES, OR INCIDENTS 

DESIGNATED BY THE DIRECTOR

Sec. 19A. [50 U.S.C. § [3519a]]

(a) DEFINITIONS.—In this section:

(1) COVERED DEPENDENT.—The term “covered dependent” means a

family member (as defined by the Director) of a covered employee who, 

on or after September 11, 2001—

(A) accompanies the covered employee to an assigned duty 

station in a foreign country; and

(B) becomes injured by reason of a qualifying injury.

(2) COVERED EMPLOYEE.—The term “covered employee” means an 

officer or employee of the Central Intelligence Agency who, on or after 

September 11, 2001 becomes injured by reason of a qualifying injury.

(3) COVERED INDIVIDUAL.—The term “covered individual” means an 

individual who—

(A)(i) is detailed to the Central Intelligence Agency from other 

agencies of the United States Government or from the Armed 

Forces; or

(ii) is affiliated with the Central Intelligence Agency, as 

determined by the Director; and

(B) who, on or after September 11, 2001, becomes injured by 

reason of a qualifying injury.

(3) QUALIFYING INJURY.—The term “qualifying injury” means the 

following:

(A) With respect to a covered dependent, an injury incurred—
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

274

(i) during a period in which the covered dependent is 

accompanying the covered employee to an assigned duty 

station in a foreign country;

(ii) in connection with war, insurgency, hostile act, 

terrorist activity, or an incident designated for purposes 

of this section by the Director; and

(iii) that was not the result of the willful misconduct of 

the covered dependent.

(B) With respect to a covered employee or a covered 

individual—

(i) an injury incurred—

(I) during a period of assignment to a duty 

station in a foreign country;

(II) in connection with war, insurgency, hostile 

act, or terrorist activity; and

(III) that was not the result of the willful 

misconduct of the covered employee or the 

covered individual; or

(ii) an injury incurred—

(I) in connection with an incident designated for 

purposes of this section by the Director; and

(II) that was not the result of the willful 

misconduct of the covered employee or the 

covered individual.

(b) ADJUSTMENT OF COMPENSATION FOR CERTAIN INJURIES.—

(1) INCREASE.—The Director may increase the amount of monthly 

compensation paid to a covered employee under section 8105 of title 5, 

United States Code. Subject to paragraph (2), the Director may determine 

the amount of each such increase by taking into account—

(A) the severity of the qualifying injury;

(B) the circumstances by which the covered employee became 

injured; and

(C) the seniority of the covered employee.

(2) MAXIMUM.—Notwithstanding chapter 81 of title 5, United States 

Code, the total amount of monthly compensation increased under 

paragraph (1) may not exceed the monthly pay of the maximum rate of 

basic pay for GS-15 of the General Schedule under section 5332 of such 

title.

(c) COSTS FOR TREATING QUALIFYING INJURIES.—The Director may pay the 

costs of treating a qualifying injury of a covered employee, a covered individual, 

or a covered dependent, or may reimburse a covered employee, a covered 
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

275

individual, or a covered dependent for such costs, that are not otherwise covered 

by chapter 81 of title 5, United State Code, or other provision of Federal law.

GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY

SEC. 20. [50 U.S.C. § 3520]

(a) There is a General Counsel of the Central Intelligence Agency, appointed 

from civilian life by the President, by and with the advice and consent of the 

Senate.

(b) The General Counsel is the chief legal officer of the Central Intelligence 

Agency.

(c) The General Counsel of the Central Intelligence Agency shall perform such 

functions as the Director may prescribe.

CENTRAL SERVICES PROGRAM

SEC. 21. [50 U.S.C. § 3521]

(a) IN GENERAL.—The Director may carry out a program under which elements 

of the Agency provide items and services on a reimbursable basis to other 

elements of the Agency, nonappropriated fund entities or instrumentalities 

associated or affiliated with the Agency, and other Government agencies. The 

Director shall carry out the program in accordance with the provisions of this 

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 provide 

items or services under the program (in this section referred to as 

“central service providers”);

(B) specify the items or services to be provided under the 

program by such providers; and

(C) assign to such providers for purposes of the program such 

inventories, equipment, and other assets (including equipment on 

order) as the Director determines necessary to permit such 

providers to provide items or services under the program; and

(D) authorize such providers to make known their services to the 

entities specified in subsection (a) through Government 

communication channels.

(2) The designation of elements and the specification of items and 

services under paragraph (1) shall be subject to the approval of the 

Director of the Office of Management and Budget.

(3) The authority in paragraph (1)(D) does not include the authority to 

distribute gifts or promotional items.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

276

(c) CENTRAL SERVICES WORKING CAPITAL FUND.—

(1) There is established a fund to be known as the Central Services 

Working Capital Fund (in this section referred to as the “Fund”). The 

purpose of the Fund is to provide sums for activities under the program.

(2) There shall be deposited in the Fund the following:

(A) Amounts appropriated to the Fund.

(B) Amounts credited to the Fund from payments received by 

central service providers under subsection (e).

(C) Fees imposed and collected under subsection (f)(1).

(D) Amounts received in payment for loss or damage to 

equipment or property of a central service provider as a result of 

activities under the program.

(E) Other receipts from the sale or exchange of equipment, 

recyclable materials, or property of a central service provider as 

a result of activities under the program.

(F) Receipts from individuals in reimbursement for utility 

services and meals provided under the program.

(G) Receipts from individuals for the rental of property and 

equipment under the program.

(H) Such other amounts as the Director is authorized to deposit 

in or transfer to the Fund.

(3) Amounts in the Fund shall be available, without fiscal year limitation, 

for the following purposes:

(A) To pay the costs of providing items or services under the 

program.

(B) To pay the costs of carrying out activities under subsections 

(b)(1)(D) and (f)(2).

(d) LIMITATION ON AMOUNT OF ORDERS.—The total value of all orders for items 

or services to be provided under the program in any fiscal year may not exceed 

an amount specified in advance by the Director of the Office of Management and 

Budget.

(e) PAYMENT FOR ITEMS AND SERVICES.—

(1) A Government agency provided items or services under the program 

shall pay the central service provider concerned for such items or 

services an amount equal to the costs incurred by the provider in 

providing such items or services plus any fee imposed under subsection 

(f). In calculating such costs, the Director shall take into account 

personnel costs (including costs associated with salaries, annual leave, 

and workers’ compensation), plant and equipment costs (including 

depreciation of plant and equipment other than structures owned by the 

Agency), operation and maintenance expenses, amortized costs, and 

other expenses.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

277

(2) Payment for items or services under paragraph (1) may take the form 

of an advanced payment by an agency from appropriations available to 

such agency for the procurement of such items or services.

(f) FEES.—

(1) The Director may permit a central service provider to impose and 

collect a fee with respect to the provision of an item or service under the 

program. The amount of the fee may not exceed an amount equal to four 

percent of the payment received by the provider for the item or service.

(2) The Director may obligate and expend amounts in the Fund that are 

attributable to the fees imposed and collected under paragraph (1) to 

acquire equipment or systems for, or to improve the equipment or 

systems of, central service providers and any elements of the Agency that 

are not designated for participation in the program in order to facilitate 

the designation of such elements for future participation in the program.

(g) TERMINATION.—

(1) Subject to paragraph (2), the Director of the Central Intelligence 

Agency and the Director of the Office of Management and Budget, 

acting jointly—

(A) may terminate the program under this section and the Fund 

at any time; and

(B) upon such termination, shall provide for the disposition of 

the personnel, assets, liabilities, grants, contracts, property, 

records, and unexpended balances of appropriations, 

authorizations, allocations, and other funds held, used, arising 

from, available to, or to be made available in connection with the 

program or the Fund.

(2) The Director of the Central Intelligence Agency and the Director of 

the Office of Management and Budget may not undertake any action 

under paragraph (1) until 60 days after the date on which the Directors 

jointly submit notice of such action to the Permanent Select Committee 

on Intelligence of the House of Representatives and the Select 

Committee on Intelligence of the Senate.

DETAIL OF EMPLOYEES

SEC. 22. [50 U.S.C. § 3522]

The Director may—

(1) detail any personnel of the Agency on a reimbursable basis 

indefinitely to the National Reconnaissance Office without regard to any 

limitation under law on the duration of details of Federal Government 

personnel; and

(2) hire personnel for the purpose of any detail under paragraph (1).
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

278

INTELLIGENCE OPERATIONS AND COVER ENHANCEMENT AUTHORITY

Sec. 23. [50 U.S.C. § 3523]

(a) DEFINITIONS.—In this section—

(1) the term “designated employee” means an employee designated by 

the Director of the Central Intelligence Agency under subsection (b); and

(2) the term “Federal retirement system” includes the Central 

Intelligence Agency Retirement and Disability System, and the Federal 

Employees’ Retirement System (including the Thrift Savings Plan).

(b) IN GENERAL.—

(1) AUTHORITY.—Notwithstanding any other provision of law, the 

Director of the Central Intelligence Agency may exercise the authorities 

under this section in order to—

(A) protect from unauthorized disclosure—

(i) intelligence operations;

(ii) the identities of undercover intelligence officers;

(iii) intelligence sources and methods; or

(iv) intelligence cover mechanisms; or

(B) meet the special requirements of work related to collection of 

foreign intelligence or other authorized activities of the Agency.

(2) DESIGNATION OF EMPLOYEES.—The Director of the Central 

Intelligence Agency may designate any employee of the Agency who is 

under nonofficial cover to be an employee to whom this section applies. 

Such designation may be made with respect to any or all authorities 

exercised under this section.

(c) COMPENSATION.—The Director of the Central Intelligence Agency may pay a 

designated employee salary, allowances, and other benefits in an amount and in a 

manner consistent with the nonofficial cover of that employee, without regard to 

any limitation that is otherwise applicable to a Federal employee. A designated 

employee may accept, utilize, and, to the extent authorized by regulations 

prescribed under subsection (i), retain any salary, allowances, and other benefits 

provided under this section.

(d) RETIREMENT BENEFITS.—

(1) IN GENERAL.—The Director of the Central Intelligence Agency may 

establish and administer a nonofficial cover employee retirement system 

for designated employees (and the spouse, former spouses, and survivors 

of such designated employees). A designated employee may not 

participate in the retirement system established under this paragraph and 

another Federal retirement system at the same time.

(2) CONVERSION TO OTHER FEDERAL RETIREMENT SYSTEM.—

(A) IN GENERAL.—A designated employee participating in the 

retirement system established under paragraph (1) may convert 
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

279

to coverage under the Federal retirement system which would 

otherwise apply to that employee at any appropriate time 

determined by the Director of the Central Intelligence Agency 

(including at the time of separation of service by reason of 

retirement), if the Director of the Central Intelligence Agency 

determines that the employee’s participation in the retirement 

system established under this subsection is no longer necessary 

to protect from unauthorized disclosure—

(i) intelligence operations;

(ii) the identities of undercover intelligence officers;

(iii) intelligence sources and methods; or

(iv) intelligence cover mechanisms.

(B) CONVERSION TREATMENT.—Upon a conversion under this 

paragraph—

(i) all periods of service under the retirement system 

established under this subsection shall be deemed 

periods of creditable service under the applicable Federal 

retirement system;

(ii) the Director of the Central Intelligence Agency shall 

transmit an amount for deposit in any applicable fund of 

that Federal retirement system that—

(I) is necessary to cover all employee and 

agency contributions including—

(aa) interest as determined by the head 

of the agency administering the Federal 

retirement system into which the 

employee is converting; or

(bb) in the case of an employee 

converting into the Federal Employees’

Retirement System, interest as 

determined under section 8334(e) of title 

5, United States Code; and

(II) ensures that such conversion does not result 

in any unfunded liability to that fund; and

(iii) in the case of a designated employee who 

participated in an employee investment retirement 

system established under paragraph (1) and is converted 

to coverage under subchapter III of chapter 84 of title 5, 

United States Code, the Director of the Central 

Intelligence Agency may transmit any or all amounts of 

that designated employee in that employee investment 
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

280

retirement system (or similar part of that retirement 

system) to the Thrift Savings Fund.

(C) TRANSMITTED AMOUNTS.—

(i) IN GENERAL.—Amounts described under 

subparagraph (B)(ii) shall be paid from the fund or 

appropriation used to pay the designated employee.

(ii) OFFSET.—The Director of the Central Intelligence 

Agency may use amounts contributed by the designated 

employee to a retirement system established under 

paragraph (1) to offset amounts paid under clause (i).

(D) RECORDS.—The Director of the Central Intelligence Agency 

shall transmit all necessary records relating to a designated 

employee who converts to a Federal retirement system under this 

paragraph (including records relating to periods of service which 

are deemed to be periods of creditable service under 

subparagraph (B)) to the head of the agency administering that 

Federal retirement system.

(e) HEALTH INSURANCE BENEFITS.—

(1) IN GENERAL.—The Director of the Central Intelligence Agency may 

establish and administer a nonofficial cover employee health insurance 

program for designated employees (and the family of such designated 

employees). A designated employee may not participate in the health 

insurance program established under this paragraph and the program 

under chapter 89 of title 5, United States Code, at the same time.

(2) CONVERSION TO FEDERAL EMPLOYEES’ HEALTH BENEFITS 

PROGRAM.—

(A) IN GENERAL.—A designated employee participating in the 

health insurance program established under paragraph (1) may 

convert to coverage under the program under chapter 89 of title 

5, United States Code, at any appropriate time determined by the

Director of the Central Intelligence Agency (including at the 

time of separation of service by reason of retirement), if the 

Director of the Central Intelligence Agency determines that the 

employee’s participation in the health insurance program 

established under this subsection is no longer necessary to 

protect from unauthorized disclosure—

(i) intelligence operations;

(ii) the identities of undercover intelligence officers;

(iii) intelligence sources and methods; or

(iv) intelligence cover mechanisms.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

281

(B) CONVERSION TREATMENT.—Upon a conversion under this 

paragraph—

(i) the employee (and family, if applicable) shall be 

entitled to immediate enrollment and coverage under 

chapter 89 of title 5, United States Code;

(ii) any requirement of prior enrollment in a health 

benefits plan under chapter 89 of that title for 

continuation of coverage purposes shall not apply;

(iii) the employee shall be deemed to have had coverage 

under chapter 89 of that title from the first opportunity to 

enroll for purposes of continuing coverage as an 

annuitant; and

(iv) the Director of the Central Intelligence Agency shall 

transmit an amount for deposit in the Employees’ Health 

Benefits Fund that is necessary to cover any costs of 

such conversion.

(C) TRANSMITTED AMOUNTS.—Any amount described under 

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 Agency may 

establish and administer a nonofficial cover employee life insurance 

program for designated employees (and the family of such designated 

employees). A designated employee may not participate in the life 

insurance program established under this paragraph and the program 

under chapter 87 of title 5, United States Code, at the same time.

(2) CONVERSION TO FEDERAL EMPLOYEES GROUP LIFE INSURANCE 

PROGRAM.—

(A) IN GENERAL.—A designated employee participating in the 

life insurance program established under paragraph (1) may 

convert to coverage under the program under chapter 87 of title 

5, United States Code at any appropriate time determined by the 

Director of the Central Intelligence Agency (including at the 

time of separation of service by reason of retirement), if the 

Director of the Central Intelligence Agency determines that the 

employee’s participation in the life insurance program 

established under this subsection is no longer necessary to 

protect from unauthorized disclosure—

(i) intelligence operations;

(ii) the identities of undercover intelligence officers;

(iii) intelligence sources and methods; or

(iv) intelligence cover mechanisms.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

282

(B) CONVERSION TREATMENT.—Upon a conversion under this 

paragraph—

(i) the employee (and family, if applicable) shall be 

entitled to immediate coverage under chapter 87 of title 

5, United States Code;

(ii) any requirement of prior enrollment in a life 

insurance program under chapter 87 of that title for 

continuation of coverage purposes shall not apply;

(iii) the employee shall be deemed to have had coverage 

under chapter 87 of that title for the full period of service 

during which the employee would have been entitled to 

be insured for purposes of continuing coverage as an 

annuitant; and

(iv) the Director of the Central Intelligence Agency shall 

transmit an amount for deposit in the Employees’ Life 

Insurance Fund that is necessary to cover any costs of 

such conversion.

(C) TRANSMITTED AMOUNTS.—Any amount described under 

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 Central 

Intelligence Agency may exempt a designated employee from mandatory 

compliance with any Federal regulation, rule, standardized administrative policy, 

process, or procedure that the Director of the Central Intelligence Agency 

determines—

(1) would be inconsistent with the nonofficial cover of that employee; 

and

(2) could expose that employee to detection as a Federal employee.

(h) TAXATION AND SOCIAL SECURITY.—

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

designated employee—

(A) shall file a Federal or State tax return as if that employee is 

not a Federal employee and may claim and receive the benefit of 

any exclusion, deduction, tax credit, or other tax treatment that 

would otherwise apply if that employee was not a Federal 

employee, if the Director of the Central Intelligence Agency 

determines that taking any action under this paragraph is 

necessary to—

(i) protect from unauthorized disclosure—

(I) intelligence operations;

(II) the identities of undercover intelligence 

officers;
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

283

(III) intelligence sources and methods; or

(IV) intelligence cover mechanisms; and

(ii) meet the special requirements of work related to 

collection of foreign intelligence or other authorized 

activities of the Agency; and

(B) shall receive social security benefits based on the social 

security contributions made.

(2) INTERNAL REVENUE SERVICE REVIEW.—The Director of the Central 

Intelligence Agency shall establish procedures to carry out this 

subsection. The procedures shall be subject to periodic review by the 

Internal Revenue Service.

(i) REGULATIONS.—The Director of the Central Intelligence Agency shall 

prescribe regulations to carry out this section. The regulations shall ensure that 

the combination of salary, allowances, and benefits that an employee designated 

under this section may retain does not significantly exceed, except to the extent 

determined by the Director of the Central Intelligence Agency to be necessary to 

exercise the authority in subsection (b), the combination of salary, allowances, 

and benefits otherwise received by Federal employees not designated under this 

section.

(j) FINALITY OF DECISIONS.—Any determinations authorized by this section to 

be made by the Director of the Central Intelligence Agency or the Director’s 

designee shall be final and conclusive and shall not be subject to review by any 

court.

(k) SUBSEQUENTLY ENACTED LAWS.—No law enacted after the effective date of 

this section shall affect the authorities and provisions of this section unless such 

law specifically refers to this section.

SEPARATION PAY PROGRAM FOR VOLUNTARY SEPARATION FROM SERVICE

[50 U.S.C. § 3519a3

]

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

(1) the term “Director” means the Director of the Central Intelligence 

Agency; and

(2) the term “employee” means an employee of the Central Intelligence 

Agency, serving under an appointment without time limitation, who has 

been currently employed for a continuous period of at least 12 months, 

except that such term does not include—

 3 This section was enacted as part of the Central Intelligence Agency Voluntary 

Separation Pay Act (P.L. 103-36), not the Central Intelligence Agency Act of 1949.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

284

(A) a reemployed annuitant under subchapter III of chapter 83 or 

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

system for employees of the Government; or

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

employee is or would be eligible for disability retirement under 

any of the retirement systems referred to in subparagraph (A).

(b) ESTABLISHMENT OF PROGRAM.—In order to avoid or minimize the need for 

involuntary separations due to downsizing, reorganization, transfer of function, 

or other similar action, the Director may establish a program under which 

employees may be offered separation pay to separate from service voluntarily 

(whether by retirement or resignation). An employee who receives separation pay 

under such program may not be reemployed by the Central Intelligence Agency 

for the 12-month period beginning on the effective date of the employee’s 

separation. An employee who receives separation pay under this section on the 

basis of a separation occurring on or after March 30, 1994, and accepts 

employment with the Government of the United States within 5 years after the 

date of the separation on which payment of the separation pay is based shall be 

required to repay the entire amount of the separation pay to the Central 

Intelligence Agency. If the employment is with an Executive agency (as defined 

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

Personnel Management may, at the request of the head of the agency, waive the 

repayment if the individual involved possesses unique abilities and is the only 

qualified applicant available for the position. If the employment is with an entity 

in the legislative branch, the head of the entity or the appointing official may 

waive the repayment if the individual involved possesses unique abilities and is 

the only qualified applicant available for the position. If the employment is with 

the judicial branch, the Director of the Administrative Office of the United States 

Courts may waive the repayment if the individual involved possesses unique 

abilities and is the only qualified applicant available for the position.

(c) BAR ON CERTAIN EMPLOYMENT.—

(1) BAR.—An employee may not be separated from service under this 

section unless the employee agrees that the employee will not –

(A) act as agent or attorney for, or otherwise represent, any other 

person (except the United States) in any formal or informal 

appearance before, or, with the intent to influence, make any oral 

or written communication on behalf of any other person (except 

the United States) to the Central Intelligence Agency; or

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

extension, or performance of any contract for property or 

services with the Central Intelligence Agency, during the 12-

month period beginning on the effective date of the employee’s 

separation from service.
CENTRAL INTELLIGENCE AGENCY ACT OF 1949

285

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

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

separation pay paid to the employee pursuant to this section times the 

proportion of the 12-month period during which the employee was in 

violation of the agreement.

(d) LIMITATIONS.—Under this program, separation pay may be offered only—

(1) with the prior approval of the Director; and

(2) to employees within such occupational groups or geographic 

locations, or subject to such other similar limitations or conditions, as the 

Director may require.

(e) AMOUNT AND TREATMENT FOR OTHER PURPOSES.—Such separation pay—

(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 would be 

entitled to receive under section 5595(c) of title 5, United States 

Code, if the employee were entitled to payment under such 

section; or

(B) $25,000;

(3) shall not be a basis for payment, and shall not be included in the 

computation, of any other type of Government benefit; and

(4) shall not be taken into account for the purpose of determining the 

amount of any severance pay to which an individual may be entitled 

under section 5595 of title 5, United States Code, based on any other 

separation.

(f) REGULATIONS.—The Director shall prescribe such regulations as may be 

necessary to carry out this section.

(g) REPORTING REQUIREMENTS.—

(1) OFFERING NOTIFICATION.—The Director may not make an offering 

of voluntary separation pay pursuant to this section until 30 days after 

submitting to the Permanent Select Committee on Intelligence of the 

House of Representatives and the Select Committee on Intelligence of 

the Senate a report describing the occupational groups or geographic 

locations, or other similar limitations or conditions, required by the 

Director under subsection (d).

(2) ANNUAL REPORT.—At the end of each of the fiscal years 1993 

through 1997, the Director shall submit to the President and the 

Permanent Select Committee on Intelligence of the House of 

Representatives and the Select Committee on Intelligence of the Senate a 

report on the effectiveness and costs of carrying out this section. 
NATIONAL SECURITY AGENCY ACT OF 1959

286

NATIONAL SECURITY AGENCY ACT OF 1959

[Public Law 86-36 of May 29, 1959; 73 STAT. 63]

AN ACT To provide certain administrative authorities for the National Security 

Agency, and for other purposes. 

Be it enacted by the Senate and the House of Representatives of the United States 

of America in Congress assembled, That this Act may be cited as the “National 

Security Agency Act of 1959”.

TABLE OF CONTENTS1

SEC. 2. Director of the Agency and Director of Compliance.

SEC. 3. [Amended Title 10.]

SEC. 4. [Repealed.]

SEC. 5. Additional compensation.

SEC. 6. Disclosure of Agency’s organization, function, activities, or 

personnel.

SEC. 7. [Repealed.]

SEC. 8. Effective Date.

SEC. 9. Support for activities and personnel outside the United States.

SEC. 10. Language training and cryptologic linguist reserve programs.

SEC. 11. Enhancement of security authorities.

SEC. 12. Senior Cryptologic Executive Service.

SEC. 13. Cryptologic research grant program.

SEC. 14. Availability of appropriations.

SEC. 15. Misuse of Agency name, initials, or seal.

SEC. 16. Louis Stokes Educational Scholarship Program.

SEC. 17. [Repealed.]

SEC. 18. Transportation of remains of certain employees.

SEC. 19. National Security Agency Emerging Technologies Panel.

SEC. 20. Collection of service charges for certification or validation of 

information assurance products.

 1 Table of Contents does not appear in the Act itself.
NATIONAL SECURITY AGENCY ACT OF 1959

287

[DIRECTOR OF THE AGENCY AND DIRECTOR OF COMPLIANCE]

SEC. 2. [50 U.S.C. § 3602]

(a)(1) There is a Director of the National Security Agency.

(2) The Director of the National Security Agency shall be appointed by 

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

(3) The Director of the National Security Agency shall be the head of the 

National Security Agency and shall discharge such functions and duties 

as are provided by this Act or otherwise by law or executive order.

(b) There is a Director of Compliance of the National Security Agency, who shall 

be appointed by the Director of the National Security Agency and who shall be 

responsible for the programs of compliance over mission activities of the 

National Security Agency.

[SEC. 3. Amended Title 10.]

[SEC. 4. Repealed.]

[ADDITIONAL COMPENSATION]

SEC. 5. [50 U.S.C. § 3604]

Officers and employees of the National Security Agency who are citizens or 

nationals of the United States may be granted additional compensation, in 

accordance with regulations which shall be prescribed by the Secretary of 

Defense, not in excess of additional compensation authorized by section 207 of 

the Independent Offices Appropriation Act, 1949, as amended (5 U.S.C. 118h)

[see 5 U.S.C. § 5941], for employees whose rates of basic compensation are 

fixed by statute.

[DISCLOSURE OF AGENCY’S ORGANIZATION,

FUNCTION, ACTIVITIES, OR PERSONNEL]

SEC. 6. [50 U.S.C. § 3605]

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

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

of August 28, 1935 (5 U.S.C. § 654) [repealed by Pub. L. 86-626] shall be 

construed to require the disclosure of the organization or any function of the 

National Security Agency, of any information with respect to the activities 

thereof, or of the names, titles, salaries, or number of the persons employed by 

such agency.
NATIONAL SECURITY AGENCY ACT OF 1959

288

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

shall apply to positions established in the National Security Agency in the 

manner provided by section 4 of this Act.

[SEC. 7. Repealed.]

[EFFECTIVE DATE]

SEC. 8. 

The foregoing provisions of this Act shall take effect on the first day of the first 

pay period which begins later than the thirtieth day following the date of 

enactment of this Act.

[SUPPORT FOR ACTIVITIES AND PERSONNEL OUTSIDE THE UNITED STATES]

SEC. 9. [50 U.S.C. § 3607]

(a) Notwithstanding section 322 of the Act of June 30, 1932 (40 U.S.C. 278a), 

section 5536 of title 5, United States Code, and section 2675 of title 10, United 

States Code, the Director of the National Security Agency, on behalf of the 

Secretary of Defense, may lease real property outside the United States, for 

periods not exceeding ten years, for the use of the National Security Agency for 

special cryptologic activities and for housing for personnel assigned to such 

activities.

(b) The Director of the National Security Agency, on behalf of the Secretary of 

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

Department of Defense who are assigned to special cryptologic activities outside 

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

purposes of this subsection—

(1) allowances and benefits—

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

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

Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any 

other provision of law; and

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

similar to those in which personnel of the Central Intelligence 

Agency serve, comparable to those provided by the Director of 

Central Intelligence to personnel of the Central Intelligence 

Agency;

(2) housing (including heat, light, and household equipment) without 

cost to such personnel, if the Director of the National Security Agency, 

on behalf of the Secretary of Defense determines that it would be in the 

public interest to provide such housing; and
NATIONAL SECURITY AGENCY ACT OF 1959

289

(3) special retirement accrual in the same manner provided in section 303 

of the Central Intelligence Agency Retirement Act [50 U.S.C. § 2153]

and in section 18 of the Central Intelligence Agency Act of 1949 [50 

U.S.C. § 3518].

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

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

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

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

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 purpose. The 

Secretary of Defense shall prescribe such regulations as may be necessary to 

carry out this subsection.

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

Permanent Select Committee on Intelligence of the House of Representatives and 

the Select Committee on Intelligence of the Senate before such regulations take 

effect.

[LANGUAGE TRAINING AND CRYPTOLOGIC LINGUIST RESERVE PROGRAMS]

SEC. 10. [50 U.S.C. § 3608]

(a) The Director of the National Security Agency shall arrange for, and shall 

prescribe regulations concerning, language and language-related training 

programs for military and civilian cryptologic personnel. In establishing 

programs under this section for language and language-related training, the 

Director—

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

functional and geographic area specializations;

(2) may arrange for training and instruction through other Government 

agencies and, in any case in which appropriate training or instruction is 

unavailable through Government facilities, through nongovernmental 

facilities that furnish training and instruction useful in the fields of 

language and foreign affairs; 

(3) may support programs that furnish necessary language and languagerelated skills, including, in any case in which appropriate programs are 

unavailable at Government facilities, support through contracts, grants, 

or cooperation with nongovernmental educational institutions; and 

(4) may obtain by appointment or contract the services of individuals to 

serve as language instructors, linguists, or special language project 

personnel.

(b)(1) In order to maintain necessary capability in foreign language skills and 

related abilities needed by the National Security Agency, the Director, without 
NATIONAL SECURITY AGENCY ACT OF 1959

290

regard to subchapter IV of chapter 55 of title 5, United States Code, may provide 

special monetary or other incentives to encourage civilian cryptologic personnel 

of the Agency to acquire or retain proficiency in foreign languages or special 

related abilities needed by the Agency. 

(2) In order to provide linguistic training and support for cryptologic 

personnel, the Director—

(A) may pay all or part of the tuition and other expenses related 

to the training of personnel who are assigned or detailed for 

language and 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 

Code, and to military personnel in accordance with chapter 7 of 

title 37, United States Code, and applicable provisions of title 10, 

United States Code, when such personnel are assigned to training 

at sites away from their designated duty station. 

(c)(1) To the extent not inconsistent, in the opinion of the Secretary of Defense, 

with the operation of military cryptologic reserve units and in order to maintain 

necessary capability in foreign language skills and related abilities needed by the 

National Security Agency, the Director may establish a cryptologic linguist 

reserve. The cryptologic linguist reserve may consist of former or retired civilian 

or military cryptologic personnel of the National Security Agency and of other 

qualified individuals, as determined by the Director of the Agency. Each member 

of the cryptologic linguist reserve shall agree that, during any period of 

emergency (as determined by the Director), the member shall return to active 

civilian status with the National Security Agency and shall perform such 

linguistic or linguistic-related duties as the Director may assign.

(2) In order to attract individuals to become members of the cryptologic 

linguist reserve, the Director, without regard to subchapter IV of chapter 

55 of title 5, United States Code, may provide special monetary 

incentives to individuals eligible to become members of the reserve who 

agree to become members of the cryptologic linguist reserve and to 

acquire or retain proficiency in foreign languages or special related 

abilities. 

(3) In order to provide training and support for members of the 

cryptologic linguist reserve, the Director—

(A) may pay all or part of the tuition and other expenses related 

to the training of individuals in the cryptologic linguist reserve 

who are assigned or detailed for language and language-related 

training, orientation, or instruction; and 

(B) may pay benefits and allowances in accordance with 

chapters 57 and 59 of title 5, United States Code, to individuals 
NATIONAL SECURITY AGENCY ACT OF 1959

291

in the cryptologic linguist reserve who are assigned to training at 

sites away from their homes or 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 

service of the employee, and repayment of the expenses of such 

training for failure to fulfill the agreement, consistent with the 

provisions of section 4108 of title 5, United States Code; and

(B) in the case of individuals accepted for membership in the 

cryptologic linguist reserve, pertains to return to service when 

requested, and repayment of the expenses of such training for 

failure to fulfill the agreement, consistent with the provisions of 

section 4108 of title 5, United States Code.

(2) The Director, under regulations prescribed under this section, may 

waive, in whole or in part, a right of recovery under an agreement made 

under this subsection if it is shown that the recovery would be against 

equity and good conscience or against the public interest.

(e)(1) Subject to paragraph (2), the Director may provide to family members of 

military and civilian cryptologic personnel assigned to representational duties 

outside the United States, in anticipation of the assignment of such personnel 

outside the United States or while outside the United States, appropriate 

orientation and language training that is directly related to the assignment abroad.

(2) Language training under paragraph (1) may not be provided to any 

individual through payment of the expenses of tuition or other cost of 

instruction at a non-Government educational institution unless 

appropriate instruction is not available at a Government facility.

(f) The Director may waive the applicability of any provision of chapter 41 of 

title 5, United States Code, to any provision of this section if he finds that such 

waiver is important to the performance of cryptologic functions.

(g) The authority of the Director to enter into contracts or to make grants under 

this section is effective for any fiscal year only to the extent that appropriated 

funds are available for such purpose.

(h) Regulations issued pursuant to this section shall be submitted to the 

Permanent Select Committee on Intelligence of the House of Representatives and 

the Select Committee on Intelligence of the Senate before such regulations take 

effect.

(i) The Director of the National Security Agency, on behalf of the Secretary of 

Defense, may, without regard to section 4109(a)(2)(B) of title 5, United States 

Code, pay travel, transportation, storage, and subsistence expenses under chapter 

57 of such title to civilian and military personnel of the Department of Defense 

who are assigned to duty outside the United States for a period of one year or 
NATIONAL SECURITY AGENCY ACT OF 1959

292

longer which involves cryptologic training, language training, or related 

disciplines. 

[ENHANCEMENT OF SECURITY AUTHORITIES]

SEC. 11. [50 U.S.C. § 3609]

(a)(1) The Director of the National Security Agency may authorize agency 

personnel within the United States to perform the same functions as officers and 

agents of the Department of Homeland Security, as provided in section 

1315(b)(2) of title 40, United States Code, with the powers set forth in that 

section, except that such personnel shall perform such functions and exercise 

such powers—

(A) at the National Security Agency Headquarters complex and 

at any facilities and protected property which are solely under 

the administration and control of, or are used exclusively by, the 

National Security Agency; and 

(B) in the streets, sidewalks, and the open areas within the zone 

beginning at the outside boundary of such facilities or protected 

property and extending outward 500 feet.

(2) The performance of functions and exercise of powers under 

subparagraph (B) of paragraph (1) shall be limited to those circumstances 

where such personnel can identify specific and articulable facts giving 

such personnel reason to believe that the performance of such functions 

and exercise of such powers is reasonable to protect against physical 

damage or injury, or threats of physical damage or injury, to agency 

installations, property, or employees.

(3) Nothing in this subsection shall be construed to preclude, or limit in 

any way, the authority of any Federal, State, or local law enforcement 

agency, or any other Federal police or Federal protective service. 

(4) The rules and regulations enforced by such personnel shall be the 

rules and regulations prescribed by the Director and shall only be 

applicable to the areas referred to in subparagraph (A) of paragraph (1). 

(5) Agency personnel authorized by the Director under paragraph (1) 

may transport an individual apprehended under the authority of this 

section from the premises at which the individual was apprehended, as 

described in subparagraph (A) or (B) of paragraph (1), for the purpose of 

transferring such individual to the custody of law enforcement officials. 

Such transportation may be provided only to make a transfer of custody 

at a location within 30 miles of the premises described in subparagraphs 

(A) and (B) of paragraph (1).

(b) The Director of the National Security Agency is authorized to establish 

penalties for violations of the rules or regulations prescribed by the Director 
NATIONAL SECURITY AGENCY ACT OF 1959

293

under subsection (a). Such penalties shall not exceed those specified in section 

1315(c)(2) of title 40, United States Code. 

(c) Agency personnel designated by the Director of the National Security Agency 

under subsection (a) shall be clearly identifiable as United States Government 

security personnel while engaged in the performance of the functions to which 

subsection (a) refers.

(d)(1) Notwithstanding any other provision of law, agency personnel designated 

by the Director of the National Security Agency under subsection (a) shall be 

considered for purposes of chapter 171 of title 28, United States Code, or any 

other provision of law relating to tort liability, to be acting within the scope of 

their office or employment when such agency personnel take reasonable action, 

which may include the use of force, to—

(A) protect and individual in the presence of such agency 

personnel from a crime of violence;

(B) provide immediate assistance to an individual who has 

suffered or who is threatened with bodily harm;

(C) prevent the escape of any individual whom such agency 

personnel reasonably believe to have committed a crime of 

violence in the presence of such agency personnel; or

(D) transport an individual pursuant to subsection (a)(2).

(2) Paragraph (1) shall not affect the authorities of the Attorney General 

under section 2679 of title 28, United States Code.

(3) In this subsection, the term “crime of violence” as the meaning given 

that term in section 16 of title 18, United States Code. 

[SENIOR CRYPTOLOGIC EXECUTIVE SERVICE]

SEC. 12. [50 U.S.C. § 3610]

(a)(1) The Secretary of Defense (or his designee) may by regulation establish a 

personnel system for senior civilian cryptologic personnel in the National 

Security Agency to be known as the Senior Cryptologic Executive Service. The 

regulations establishing the Senior Cryptologic Executive Service shall—

(A) meet the requirements set forth in section 3131 of title 5, 

United States Code, for the Senior Executive Service; 

(B) provide that positions in the Senior Cryptologic Executive 

Service meet requirements that are consistent with the provisions 

of section 3132(a)(2) of such title; 

(C) provide, without regard to section 2, rates of pay for the 

Senior Cryptologic Executive Service that are not in excess of 

the maximum rate or less than the minimum rate of basic pay 

established for the Senior Executive Service under section 5382 

of such title, and that are adjusted at the same time and to the 
NATIONAL SECURITY AGENCY ACT OF 1959

294

same extent as rates of basic pay for the Senior Executive 

Service are adjusted; 

(D) provide a performance appraisal system for the Senior 

Cryptologic Executive Service that conforms to the provisions of 

subchapter II of chapter 43 of such title;

(E) provide for removal consistent with section 3592 of such 

title, and removal or suspension consistent with subsections (a), 

(b), and (c) of section 7543 of such title (except that any hearing 

or appeal to which a member of the Senior Cryptologic 

Executive Service is entitled shall be held or decided pursuant to 

procedures established by regulations of the Secretary of 

Defense or his designee); 

(F) permit the payment of performance awards to members of 

the Senior Cryptologic Executive Service consistent with the 

provisions applicable to performance awards under section 5384 

of such title; 

(G) provide that members of the Senior Cryptologic Executive 

Service may be granted sabbatical leaves consistent with the 

provisions of section 3396(c) of such title. [sic]

(H) provide for the recertification of members of the Senior 

Cryptologic Executive Service consistent with the provisions of 

section 3393a of such title.

(2) Except as otherwise provided in subsection (a), the Secretary of 

Defense (or his designee) may—

(A) make applicable to the Senior Cryptologic Executive Service 

any of the provisions of title 5, United States Code, applicable to 

applicants for or members of the Senior Executive Service; and 

(B) appoint, promote, and assign individuals to positions 

established within the Senior Cryptologic Executive Service 

without regard to the provisions of title 5, United States Code, 

governing appointments and other personnel actions in the 

competitive service.

(3) The President, based on the recommendations of the Secretary of 

Defense, may award ranks to members of the Senior Cryptologic 

Executive Service in a manner consistent with the provisions of section 

4507 of title 5, United States Code.

(4) Notwithstanding any other provision of this section, the Director of 

the National Security Agency may detail or assign any member of the 

Senior Cryptologic Executive Service to serve in a position outside the 

National Security Agency in which the member’s expertise and 

experience may be of benefit to the National Security Agency or another 

Government agency. Any such member shall not by reason of such detail 
NATIONAL SECURITY AGENCY ACT OF 1959

295

or assignment lose any entitlement or status associated with membership 

in the Senior Cryptologic Executive Service.

(b) The Secretary of Defense (or his designee) may by regulation establish a 

merit pay system for such employees of the National Security Agency as the 

Secretary of Defense (or his designee) considers appropriate. The merit pay 

system shall be designed to carry out purposes consistent with those set forth in 

section 5401(a) of title 5, United States Code. 

(c) Nothing in this section shall be construed to allow the aggregate amount 

payable to a member of the Senior Cryptologic Executive Service under this 

section during any fiscal year to exceed the annual rate payable for positions at 

level I of the Executive Schedule [5 U.S.C. § 5312] in effect at the end of such 

year. 

[CRYPTOLOGIC RESEARCH GRANT PROGRAM]

SEC. 13. [50 U.S.C. § 3611]

(a) The Director of the National Security Agency may make grants to private 

individuals and institutions for the conduct of cryptologic research. An 

application for a grant under this section may not be approved unless the Director 

determines that the award of the grant would be clearly consistent with the 

national security. 

(b) The grant program established by subsection (a) shall be conducted in 

accordance with the Federal Grant and Cooperative Agreement Act of 1977 (41 

U.S.C. § 501 et seq.) to the extent that such Act is consistent with and in 

accordance with section 6 of this Act. 

(c) The authority of the Director to make grants under this section is effective for 

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

purpose. 

[AVAILABILITY OF APPROPRIATIONS]

SEC. 14. [50 U.S.C. § 3612]

Funds appropriated to an entity of the Federal Government other than an element 

of the Department of Defense that have been specifically appropriated for the 

purchase of cryptologic equipment, materials, or services with respect to which 

the National Security Agency has been designated as the central source of 

procurement for the Government shall remain available for a period of three 

fiscal years. 
NATIONAL SECURITY AGENCY ACT OF 1959

296

[MISUSE OF AGENCY NAME, INITIALS, OR SEAL]

SEC. 15. [50 U.S.C. § 3613]

(a) No person may, except with the written permission of the Director of the 

National Security Agency, knowingly use the words “National Security Agency”, 

the initials “NSA”, the seal of the National Security Agency, or any colorable 

imitation of such words, initials, or seal in connection with any merchandise, 

impersonation, solicitation, or commercial activity in a manner reasonably 

calculated to convey the impression that such use is approved, endorsed, or 

authorized by the National Security Agency. 

(b) Whenever it appears to the Attorney General that any person is engaged or is 

about to engage in an act or practice which constitutes or will constitute conduct 

prohibited by subsection (a), the Attorney General may initiate a civil proceeding 

in a district court of the United States to enjoin such act or practice. Such court 

shall proceed as soon as practicable to the hearing and determination of such 

action and may, at any time before final determination, enter such restraining 

orders or prohibitions, or take such other action as is warranted, to prevent injury 

to the United States or to any person or class of persons for whose protection the 

action is brought. 

[LOUIS STOKES EDUCATIONAL SCHOLARSHIP PROGRAM]

SEC. 16. [50 U.S.C. § 3614]

(a) The purpose of this section is to establish an undergraduate and graduate

training program, which may lead to a baccalaureate or graduate degree, to 

facilitate the recruitment of individuals, particularly minority high school 

students, with a demonstrated capability to develop skills critical to the mission 

of the National Security Agency, including mathematics, computer science, 

engineering, and foreign languages.

(b) The Secretary of Defense is authorized, in his discretion, to assign civilians 

who may or may not be employees of the National Security Agency as students 

at accredited professional, technical, and other institutions of higher learning for 

training at the undergraduate or graduate level in skills critical to effective 

performance of the mission of the Agency.

(c) The National Security Agency may pay, directly or by reimbursement to 

program participants, expenses incident to assignments under subsection (b), in 

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

purpose.

(d)(1) To be eligible for assignment under subsection (b), a program participant

must agree in writing –
NATIONAL SECURITY AGENCY ACT OF 1959

297

(A) to continue in the service of the Agency for the period of the 

assignment and to complete the educational course of training 

for which the program participant is assigned;

(B) to continue in the service of the Agency following 

completion of the assignment for a period of one-and-a-half 

years for each year of the assignment or part thereof; 

(C) to reimburse the United States for the total cost of education 

(excluding the program participant’s pay and allowances) 

provided under this section to the program if, prior to the 

program participant’s completing the educational course of 

training for which the program participant is assigned, the 

assignment or the program participant’s employment with the 

Agency is terminated—

(i) by the Agency due to misconduct by the program 

participant;

(ii) by the program participant voluntarily; or

(iii) by the Agency for the failure of the program 

participant to maintain such level of academic standing 

in the educational course of training as the Director of 

the National Security Agency shall have specified in the 

agreement of the program participant under this 

subsection; and 

(D) to reimburse the United States if, after completing the 

educational course of training for which the program participant

is assigned, the program participant’s employment with the 

Agency is terminated either by the Agency due to misconduct by 

the program participant or by the program participant

voluntarily, prior to the program participant’s completion of the 

service obligation period described in subparagraph (B), in an 

amount that bears the same ratio to the total cost of the education 

(excluding the program participant’s pay and allowances) 

provided to the program participant as the unserved portion of 

the service obligation period described in subparagraph (B) bears 

to the total period of the service obligation described in 

subparagraph (B).

(2) Subject to paragraph (3), the obligation to reimburse the United 

States under an agreement described in paragraph (1), including interest 

due on such obligation, is for all purposes a debt owing the United 

States. 

(3)(A) A discharge in bankruptcy under title 11, United States Code, 

shall not release a person from an obligation to reimburse the United 

States required under an agreement described in paragraph (1) if the final
NATIONAL SECURITY AGENCY ACT OF 1959

298

decree of the discharge in bankruptcy is issued within five years after the 

last day of the combined period of service obligation described in 

subparagraphs (A) and (B) of paragraph (1).

(B) The Secretary of Defense may release a person, in whole or 

in part, from the obligation to reimburse the United States under 

an agreement described in paragraph (1) when, in his discretion, 

the Secretary determines that equity or the interests of the United 

States so require. 

(C) The Secretary of Defense shall permit an [sic] program 

participant assigned under this section who, prior to commencing 

a second academic year of such assignment, voluntarily 

terminates the assignment or the program participant’s 

employment with the Agency, to satisfy his obligation under an 

agreement described in paragraph (1) to reimburse the United 

States by reimbursement according to a schedule of monthly 

payments which results in completion of reimbursement by a 

date five years after the date of termination of the assignment or 

employment or earlier at the option of the program participant.

(e) Agency efforts to recruit individuals at educational institutions for 

participation in the undergraduate and graduate training program established by 

this section shall be made openly and according to the common practices of 

universities and employers recruiting at such institutions.

(f) Chapter 41 of title 5 and subsections (a) and (b) of section 3324 of title 31, 

United States Code, shall not apply with respect to this section. 

(g) The Secretary of Defense may issue such regulations as may be necessary to 

implement this section. 

(h) The undergraduate and graduate training program established under this 

section shall be known as the Louis Stokes Educational Scholarship Program.

[SEC. 17. Repealed.]

[TRANSPORTATION OF REMAINS OF CERTAIN EMPLOYEES]

SEC. 18. [50 U.S.C. § 3616]

(a) The Secretary of Defense may pay the expenses referred to in section 5742(b) 

of title 5, United States Code, in the case of any employee of the National 

Security Agency who dies while on a rotational tour of duty within the United 

States or while in transit to or from such tour of duty. 

(b) For the purposes of this section, the term “rotational tour of duty”, with 

respect to an employee, means a permanent change of station involving the 

transfer of the employee from the National Security Agency headquarters to 

another post of duty for a fixed period established by regulation to be followed at 
NATIONAL SECURITY AGENCY ACT OF 1959

299

the end of such period by a permanent change of station involving a transfer of 

the employee back to such headquarters.

[NATIONAL SECURITY AGENCY EMERGING TECHNOLOGIES PANEL]

SEC. 19. [50 U.S.C. § 3617]

(a) There is established the National Security Agency Emerging Technologies 

Panel. The Panel is a standing panel of the National Security Agency. The Panel 

shall be appointed by, and shall report directly to, the Director of the National 

Security Agency.

(b) The Panel shall study and assess, and periodically advise the Director on, the 

research, development, and application of existing and emerging science and 

technology advances, advances in encryption, and other topics.

(c) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with 

respect to the Panel.

[COLLECTION OF SERVICE CHARGES FOR CERTIFICATION OR VALIDATION

OF INFORMATION ASSURANCE PRODUCTS]

SEC. 20. [50 U.S.C. § 3618]

(a) The Director may collect charges for evaluating, certifying, or validating 

information assurance products under the National Information Assurance 

Program or successor program.

(b) The charges collected under subsection (a) shall be established through a 

public rulemaking process in accordance with Office of Management and Budget 

Circular No. A-25. 

(c) Charges collected under subsection (a) shall not exceed the direct costs of the 

program referred to in that subsection.

(d) The appropriation or fund bearing the cost of the service for which charges 

are collected under the program referred to in subsection (a) may be reimbursed, 

or the Director may require advance payment subject to such adjustment on 

completion of the work as may be agreed

upon.

(e) Amounts collected under this section shall be credited to the account or 

accounts from which costs associated with such amounts have been or will be 

incurred, to reimburse or offset the direct costs of the program referred to in 

subsection (a).
TITLE 10, DEPARTMENT OF DEFENSE AUTHORITIES

300

TITLE 10, UNITED STATES CODE, 

DEPARTMENT OF DEFENSE AUTHORITIES[1]

TABLE OF CONTENTS

SUBTITLE A—GENERAL MILITARY LAW

PART I—ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 4—OFFICE OF THE SECRETARY OF DEFENSE

SEC. 137. Under Secretary of Defense for Intelligence.

CHAPTER 21—DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SUBCHAPTER I—GENERAL MATTERS

SEC. 421. Funds for foreign cryptologic support.

SEC. 422. Use of funds for certain incidental purposes. 

SEC. 423. Authority to use proceeds from counterintelligence operations of 

the military departments or the Defense Intelligence Agency.

SEC. 424. Disclosure of organizational and personnel information: 

exemption for specified intelligence agencies.

SEC. 425. Prohibition of unauthorized use of name, initials, or seal: 

specified intelligence agencies. 

SEC. 426. Integration of Department of Defense intelligence, surveillance, 

and reconnaissance capabilities. 

SEC. 427. Conflict Records Research Center. 

SEC. 428. Defense industrial security. 

SEC. 429. Appropriations for defense intelligence elements: accounts for 

transfers; transfer authority. 

SEC. 430. Tactical exploitation of national capabilities executive agent.

SEC. 430a. Executive agent for management and oversight of alternative 

compensatory control measures. 

SEC. 430b. Executive agent for open-source intelligence tools.

SUBCHAPTER II—INTELLIGENCE COMMERCIAL ACTIVITIES

SEC. 431. Authority to engage in commercial activities as security for 

intelligence collection activities. 

SEC. 432. Use, disposition, and auditing of funds. 

SEC. 433. Relationship with other federal laws. 

 1 Only select provisions are included, as reflected in the table of contents excerpt.
TITLE 10, DEPARTMENT OF DEFENSE AUTHORITIES

301

SEC. 434. Reservation of defenses and immunities.

SEC. 435. Limitations. 

SEC. 436. Regulations. 

SEC. 437. Congressional oversight. 

CHAPTER 4—OFFICE OF THE SECRETARY OF DEFENSE

UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE

SEC. 137.

(a) There is an Under Secretary of Defense for Intelligence, appointed from 

civilian life by the President, by and with the advice and consent of the Senate. A 

person may not be appointed as Under Secretary within seven years after relief 

from active duty as a commissioned officer of a regular component of the armed 

forces.

(b) Subject to the authority, direction, and control of the Secretary of Defense, 

the Under Secretary of Defense for Intelligence shall—

(1) have responsibility for the overall direction and supervision for 

policy, program planning and execution, and use of resources, for the 

activities of the Department of Defense that are part of the Military 

Intelligence Program;

(2) execute the functions for the National Intelligence Program of the 

Department of Defense under section 105 of the National Security Act of 

1947 (50 U.S.C. 3038), as delegated by the Secretary of Defense;

(3) have responsibility for the overall direction and supervision for 

policy, program planning and execution, and use of resources, for 

personnel security, physical security, industrial security, and the 

protection of classified information and controlled unclassified 

information, related activities of the Department of Defense; and

(4) perform such duties and exercise such powers as the Secretary of 

Defense may prescribe in the area of intelligence.

(c) The Under Secretary of Defense for Intelligence takes precedence in the 

Department of Defense after the Under Secretary of Defense for Personnel and 

Readiness.
TITLE 10, DEPARTMENT OF DEFENSE AUTHORITIES

302

CHAPTER 21—DEPARTMENT OF DEFENSE INTELLIGENCE 

MATTERS

SUBCHAPTER I—GENERAL MATTERS

FUNDS FOR FOREIGN CRYPTOLOGIC SUPPORT

SEC. 421.

(a) The Secretary of Defense may use appropriated funds available to the 

Department of Defense for intelligence and communications purposes to pay for 

the expenses of arrangements with foreign countries for cryptologic support. 

(b) The Secretary of Defense may use funds other than appropriated funds to pay 

for the expenses of arrangements with foreign countries for cryptologic support 

without regard for the provisions of law relating to the expenditure of United 

States Government funds, except that—

(1) no such funds may be expended, in whole or in part, by or for the 

benefit of the Department of Defense for a purpose for which Congress 

had previously denied funds; and 

(2) proceeds from the sale of cryptologic items may be used only to 

purchase replacement items similar to the items that are sold; and 

(3) the authority provided by this subsection may not be used to acquire 

items or services for the principal benefit of the United States. 

(c) Any funds expended under the authority of subsection (a) shall be reported to 

the Select Committee on Intelligence of the Senate and the Permanent Select 

Committee on Intelligence of the House of Representatives pursuant to the 

provisions of title V of the National Security Act of 1947 (50 U.S.C. § 3091 et 

seq.). Funds expended under the authority of subsection (b) shall be reported 

pursuant to procedures jointly agreed upon by such committees and the Secretary 

of Defense. 

USE OF FUNDS FOR CERTAIN INCIDENTAL PURPOSES

SEC. 422.

(a) COUNTERINTELLIGENCE OFFICIAL RECEPTION AND REPRESENTATION 

EXPENSES.—The Secretary of Defense may use funds available to the 

Department of Defense for counterintelligence programs to pay the expenses of 

hosting foreign officials in the United States under the auspices of the 

Department of Defense for consultation on counterintelligence matters. 

(b) PROMOTIONAL ITEMS FOR RECRUITMENT PURPOSES.—The Secretary of 

Defense may use funds available for an intelligence element of the Department of 

Defense to purchase promotional items of nominal value for use in the 

recruitment of individuals for employment by that element.
TITLE 10, DEPARTMENT OF DEFENSE AUTHORITIES

303

AUTHORITY TO USE PROCEEDS FROM COUNTERINTELLIGENCE OPERATIONS 

OF THE MILITARY DEPARTMENTS

SEC. 423.

(a) The Secretary of Defense may authorize, without regard to the provisions of 

section 3302 of title 31, use of proceeds from counterintelligence operations 

conducted by components of the military departments or the Defense Intelligence 

Agency to offset necessary and reasonable expenses, not otherwise prohibited by 

law, incurred in such operations, and to make exceptional performance awards to 

personnel involved in such operations, if use of appropriated funds to meet such 

expenses or to make such awards would not be practicable. 

(b) As soon as the net proceeds from such counterintelligence operations are no 

longer necessary for the conduct of those operations, such proceeds shall be 

deposited into the Treasury as miscellaneous receipts. 

(c) The Secretary of Defense shall establish policies and procedures to govern 

acquisition, use, management, and disposition of proceeds from 

counterintelligence operations conducted by components of the military 

departments or the Defense Intelligence Agency, including effective internal 

systems of accounting and administrative controls. 

DISCLOSURE OF ORGANIZATIONAL AND PERSONNEL INFORMATION:

EXEMPTION FOR SPECIFIED INTELLIGENCE AGENCIES

SEC. 424.

(a) EXEMPTION FROM DISCLOSURE.—Except as required by the President or as 

provided in subsection (c), no provision of law shall be construed to require the 

disclosure of—

(1) the organization or any function of an organization of the Department 

of Defense named in subsection (b); or 

(2) the number of persons employed by or assigned or detailed to any 

such organization or the name, official title, occupational series, grade, or

salary of any such person. 

(b) COVERED ORGANIZATIONS.—This section applies to the following 

organizations of the Department of Defense: 

(1) The Defense Intelligence Agency. 

(2) The National Reconnaissance Office. 

(3) The National Geospatial-Intelligence Agency. 

(c) PROVISION OF INFORMATION TO CONGRESS.—Subsection (a) does not apply 

with respect to the provision of information to Congress. 
TITLE 10, DEPARTMENT OF DEFENSE AUTHORITIES

304

PROHIBITION OF UNAUTHORIZED USE OF NAME, INITIALS, OR SEAL:

SPECIFIED INTELLIGENCE AGENCIES

SEC. 425.

(a) PROHIBITION.—Except with the written permission of both the Secretary of 

Defense and the Director of National Intelligence, no person may knowingly use, 

in connection with any merchandise, retail product, impersonation, solicitation, 

or commercial activity in a manner reasonably calculated to convey the 

impression that such use is approved, endorsed, or authorized by the Secretary 

and the Director, any of the following (or any colorable imitation thereof): 

(1) The words “Defense Intelligence Agency”, the initials “DIA”, or the 

seal of the Defense Intelligence Agency. 

(2) The words “National Reconnaissance Office”, the initials “NRO”, or 

the seal of the National Reconnaissance Office. 

(3) The words “National Imagery and Mapping Agency”, the initials 

“NIMA”, or the seal of the National Imagery and Mapping Agency. 

(4) The words “Defense Mapping Agency”, the initials “DMA”, or the 

seal of the Defense Mapping Agency. 

(5) The words “National Geospatial-Intelligence Agency”, the initials 

“NGA,” or the seal of the National Geospatial-Intelligence Agency. 

(b) AUTHORITY TO ENJOIN VIOLATIONS.—Whenever it appears to the Attorney 

General that any person is engaged or is about to engage in an act or practice 

which constitutes or will constitute conduct prohibited by subsection (a), the 

Attorney General may initiate a civil proceeding in a district court of the United 

States to enjoin such act or practice. Such court shall proceed as soon as 

practicable to the hearing and determination of such action and may, at any time 

before final determination, enter such restraining orders or prohibitions, or take 

such other actions as is warranted, to prevent injury to the United States or to any 

person or class of persons for whose protection the action is brought. 

INTEGRATION OF DEPARTMENT OF DEFENSE INTELLIGENCE,

SURVEILLANCE, AND RECONNAISSANCE CAPABILITIES

SEC. 426.

(a) ISR INTEGRATION COUNCIL.—

(1) The Under Secretary of Defense for Intelligence shall establish an 

Intelligence, Surveillance, and Reconnaissance Integration Council—

(A) to assist the Under Secretary with respect to matters relating 

to the integration of intelligence, surveillance, and 

reconnaissance capabilities, and coordination of related 

developmental activities, of the military departments, 
TITLE 10, DEPARTMENT OF DEFENSE AUTHORITIES

305

intelligence agencies of the Department of Defense, and relevant 

combatant commands; and

(B) otherwise to provide a means to facilitate the integration of 

such capabilities and the coordination of such developmental 

activities.

(2) The Council shall be composed of—

(A) the senior intelligence officers of the armed forces and the 

United States Special Operations Command;

(B) the Director of Operations of the Joint Staff; and

(C) the directors of the intelligence agencies of the Department 

of Defense.

(3) The Under Secretary of Defense for Intelligence shall invite the 

participation of the Director of National Intelligence (or that Director‘s 

representative) in the proceedings of the Council.

(4) Each Secretary of a military department may designate an officer or 

employee of such military department to attend the proceedings of the 

Council as a representative of such military department.

(b) ISR INTEGRATION ROADMAP.—

(1) The Under Secretary of Defense for Intelligence shall develop a 

comprehensive plan, to be known as the “Defense Intelligence, 

Surveillance, and Reconnaissance Integration Roadmap”, to guide the 

development and integration of the Department of Defense intelligence, 

surveillance, and reconnaissance capabilities for the 15-year period of 

fiscal years 2004 through 2018.

(2) The Under Secretary shall develop the Defense Intelligence, 

Surveillance, and Reconnaissance Integration Roadmap in consultation 

with the Intelligence, Surveillance, and Reconnaissance Integration 

Council and the Director of National Intelligence.

(c) ANNUAL BRIEFING ON THE INTELLIGENCE, SURVEILLANCE, AND 

RECONNAISSANCE REQUIREMENTS OF THE COMBATANT COMMANDS.—At the 

same time that the President‘s budget is submitted pursuant to section 1105(a) of 

title 31, United States Code, for each of fiscal years 2016 through 2025—

(1) the Chairman of the Joint Chiefs of Staff shall provide to the 

congressional defense committees, the Permanent Select Committee on 

Intelligence of the House of Representatives, and the Select Committee 

on Intelligence of the Senate a briefing on—

(A) the intelligence, surveillance, and reconnaissance 

requirements (including with respect to space-based intelligence, 

surveillance, and reconnaissance), by specific intelligence 

capability type, of each of the combatant commands;

(B) for the year preceding the year in which the briefing is 

provided, the satisfaction rate of each of the combatant 
TITLE 10, DEPARTMENT OF DEFENSE AUTHORITIES

306

commands with the intelligence, surveillance, and 

reconnaissance requirements (including with respect to spacebased intelligence, surveillance, and reconnaissance), by specific 

intelligence capability type, of such combatant command;

(C) a risk analysis identifying the critical gaps and shortfalls in 

such requirements in relation to such satisfaction rate; and

(D) for the year preceding the year in which the briefing is 

provided—

(i) the number of hours or amount of capacity of 

intelligence, surveillance, and reconnaissance requested 

by each commander of a combatant command, by 

specific intelligence capability type;

(ii) the number of such requests identified under clause 

(i) that the Joint Chiefs of Staff determined to be a 

validated requirement, including the number of hours or 

amount of capacity of such requests that were provided 

to each such commander; and

(iii) with respect to such validated requirements, the 

number of hours or amount of capacity of intelligence, 

surveillance, and reconnaissance, by specific intelligence 

capability type, that the Joint Chiefs of Staff requested 

each military department to provide, and the number of 

such hours or the amount of such capacity so provided 

by each such military department; and

(2) the Under Secretary of Defense for Intelligence shall provide to the 

congressional defense committees, the Permanent Select Committee on 

Intelligence of the House of Representatives, and the Select Committee 

on Intelligence of the Senate a briefing on short-term, mid-term, and 

long-term strategies to address the critical intelligence, surveillance, and 

reconnaissance requirements (including with respect to space-based 

intelligence, surveillance, and reconnaissance) of the combatant 

commands.

CONFLICT RECORDS RESEARCH CENTER

SEC. 427. 

(a) CENTER AUTHORIZED.—The Secretary of Defense may establish a center to 

be known as the “Conflict Records Research Center” (in this section referred to 

as the “Center”).

(b) PURPOSES.—The purposes of the Center shall be the following:

(1) To establish a digital research database, including translations, and to 

facilitate research and analysis of records captured from countries, 
TITLE 10, DEPARTMENT OF DEFENSE AUTHORITIES

307

organizations, and individuals, now or once hostile to the United States, 

with rigid adherence to academic freedom and integrity.

(2) Consistent with the protection of national security information, 

personally identifiable information, and intelligence sources and 

methods, to make a significant portion of these records available to 

researchers as quickly and responsibly as possible while taking into 

account the integrity of the academic process and risks to innocents or 

third parties.

(3) To conduct and disseminate research and analysis to increase the 

understanding of factors related to international relations, 

counterterrorism, and conventional and unconventional warfare and, 

ultimately, enhance national security.

(4) To collaborate with members of academic and broad national security 

communities, both domestic and international, on research, conferences, 

seminars, and other information exchanges to identify topics of 

importance for the leadership of the United States Government and the 

scholarly community.

(c) CONCURRENCE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.—The 

Secretary of Defense shall seek the concurrence of the Director of National 

Intelligence to the extent the efforts and activities of the Center involve the 

entities referred to in subsection (b)(4).

(d) SUPPORT FROM OTHER UNITED STATES GOVERNMENT DEPARTMENTS OR 

AGENCIES.—The head of any non-Department of Defense department or agency 

of the United States Government may—

(1) provide to the Secretary of Defense services, including personnel 

support, to support the operations of the Center; and

(2) transfer funds to the Secretary of Defense to support the operations of 

the Center.

(e) ACCEPTANCE OF GIFTS AND DONATIONS.—

(1) Subject to paragraph (3), the Secretary of Defense may accept from 

any source specified in paragraph (2) any gift or donation for purposes of 

defraying the costs or enhancing the operations of the Center.

(2) The sources specified in this paragraph are the following:

(A) The government of a State or a political subdivision of a 

State.

(B) The government of a foreign country.

(C) A foundation or other charitable organization, including a 

foundation or charitable organization that is organized or 

operates under the laws of a foreign country.

(D) Any source in the private sector of the United States or a 

foreign country.
TITLE 10, DEPARTMENT OF DEFENSE AUTHORITIES

308

(3) The Secretary may not accept a gift or donation under this subsection 

if acceptance of the gift or donation would compromise or appear to 

compromise—

(A) the ability of the Department of Defense, any employee of 

the Department, or any member of the armed forces to carry out 

the responsibility or duty of the Department in a fair and 

objective manner; or

(B) the integrity of any program of the Department or of any 

person involved in such a program.

(4) The Secretary shall provide written guidance setting forth the criteria 

to be used in determining the applicability of paragraph (3) to any 

proposed gift or donation under this subsection.

(f) CREDITING OF FUNDS TRANSFERRED OR ACCEPTED.—Funds transferred to or 

accepted by the Secretary of Defense under this section shall be credited to 

appropriations available to the Department of Defense for the Center, and shall 

be available for the same purposes, and subject to the same conditions and 

limitations, as the appropriations with which merged. Any funds so transferred or 

accepted shall remain available until expended.

(g) DEFINITIONS.—In this section:

(1) The term “captured record” means a document, audio file, video file, 

or other material captured during combat operations from countries, 

organizations, or individuals, now or once hostile to the United States.

(2) The term “gift or donation” means any gift or donation of funds, 

materials (including research materials), real or personal property, or 

services (including lecture services and faculty services).

DEFENSE INDUSTRIAL SECURITY

SEC. 428.

(a) RESPONSIBILITY FOR DEFENSE INDUSTRIAL SECURITY.—The Secretary of 

Defense shall be responsible for the protection of classified information disclosed 

to contractors of the Department of Defense.

(b) CONSISTENCY WITH EXECUTIVE ORDERS AND DIRECTIVES.—The Secretary 

shall carry out the responsibility assigned under subsection (a) in a manner 

consistent with Executive Order 12829 (or any successor order to such executive 

order) and consistent with policies relating to the National Industrial Security 

Program (or any successor to such program).

(c) PERFORMANCE OF INDUSTRIAL SECURITY FUNCTIONS FOR OTHER 

AGENCIES.—The Secretary may perform industrial security functions for other 

agencies of the Federal government upon request or upon designation of the 

Department of Defense as executive agent for the National Industrial Security 

Program (or any successor to such program).
TITLE 10, DEPARTMENT OF DEFENSE AUTHORITIES

309

(d) REGULATIONS AND POLICY GUIDANCE.—The Secretary shall prescribe, and 

from time to time revise, such regulations and policy guidance as are necessary to 

ensure the protection of classified information disclosed to contractors of the 

Department of Defense.

(e) DEDICATION OF RESOURCES.—The Secretary shall ensure that sufficient

resources are provided to staff, train, and support such personnel as are necessary 

to fully protect classified information disclosed to contractors of the Department 

of Defense.

APPROPRIATIONS FOR DEFENSE INTELLIGENCE ELEMENTS: ACCOUNTS FOR 

TRANSFERS; TRANSFER AUTHORITY 

SEC. 429.

(a) ACCOUNTS FOR APPROPRIATIONS FOR DEFENSE INTELLIGENCE ELEMENTS.—

The Secretary of Defense may transfer appropriations of the Department of 

Defense which are available for the activities of Defense intelligence elements to 

an account or accounts established for receipt of such transfers. Each such 

account may also receive transfers from the Director of National Intelligence if 

made pursuant to Section 102A of the National Security Act of 1947 (50 U.S.C.

3024), and transfers and reimbursements arising from transactions, as authorized 

by law, between a Defense intelligence element and another entity. Appropriation 

balances in each such account may be transferred back to the account or accounts 

from which such appropriations originated as appropriation refunds. 

(b) RECORDATION OF TRANSFERS.—Transfers made pursuant to subsection (a) 

shall be recorded as expenditure transfers.

(c) AVAILABILITY OF FUNDS.—Funds transferred pursuant to subsection (a) shall 

remain available for the same time period and for the same purpose as the 

appropriation from which transferred, and shall remain subject to the same 

limitations provided in the act making the appropriation.

(d) OBLIGATION AND EXPENDITURE OF FUNDS.—Unless otherwise specifically 

authorized by law, funds transferred pursuant to subsection (a) shall only be 

obligated and expended in accordance with chapter 15 of title 31 and all other 

applicable provisions of law.

(e) DEFENSE INTELLIGENCE ELEMENT DEFINED.—In this section, the term 

“Defense intelligence element” means any of the Department of Defense 

agencies, offices, and elements included within the definition of “intelligence 

community” under section 3(4) of the National Security Act of 1947 (50 U.S.C. 

3003(4)).
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310

TACTICAL EXPLOITATION OF NATIONAL CAPABILITIES EXECUTIVE AGENT

SEC. 430.

(a) DESIGNATION.—The Under Secretary of Defense for Intelligence shall 

designate a civilian employee of the Department or a member of the armed forces 

to serve as the Tactical Exploitation of National Capabilities Executive Agent.

(b) DUTIES.—The Executive Agent designated under subsection (a) shall—

(1) report directly to the Under Secretary of Defense for Intelligence;

(2) work with the combatant commands, military departments, and the 

intelligence community (as defined in section 3(4) of the National 

Security Act of 1947 (50 U.S.C. 3003(4)) to—

(A) develop methods to increase warfighter effectiveness 

through the exploitation of national capabilities; and

(B) promote cross-domain integration of such capabilities into 

military operations, training, intelligence, surveillance, and 

reconnaissance activities.

EXECUTIVE AGENT FOR MANAGEMENT AND OVERSIGHT OF ALTERNATIVE 

COMPENSATORY CONTROL MEASURES

SEC. 430a.

(a) EXECUTIVE AGENT.—The Secretary of Defense shall designate a senior 

official from among the personnel of the Department of Defense to act as the 

Department of Defense executive agent for the management and oversight of 

alternative compensatory control measures.

(b) ROLES, RESPONSIBILITIES, AND AUTHORITIES.—The Secretary shall 

prescribe the roles, responsibilities, and authorities of the executive agent 

designated under subsection (a). Such roles, responsibilities, and authorities shall 

include the development of an annual management and oversight plan for 

Department-wide accountability and reporting to the congressional defense 

committees.

EXECUTIVE AGENT FOR OPEN-SOURCE INTELLIGENCE TOOLS

SEC. 430b.

(a) DESIGNATION.—Not later than April 1, 2016, the Secretary of Defense shall 

designate a senior official of the Department of Defense to serve as the executive 

agent for the Department for open-source intelligence tools.

(b) ROLES, RESPONSIBILITIES, AND AUTHORITIES.—

(1) Not later than July 1, 2016, in accordance with Directive 5101.1, the 

Secretary shall prescribe the roles, responsibilities, and authorities of the 

executive agent designated under subsection (a).
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311

(2) The roles and responsibilities of the executive agent designated under 

subsection (a) shall include the following:

(A) Developing and maintaining a comprehensive list of opensource intelligence tools and technical standards.

(B) Establishing priorities for the development, acquisition, and 

integration of open-source intelligence tools into the intelligence 

enterprise, and other command and control systems as needed.

(C) Certifying all open-source intelligence tools with respect to 

compliance with the standards required by the framework and 

guidance for the Intelligence Community Information 

Technology Enterprise, the Defense Intelligence Information 

Enterprise, and the Joint Information Environment.

(D) Assessing and making recommendations regarding the 

protection of privacy in the acquisition, analysis, and 

dissemination of open-source information available around the 

world.

(E) Performing such other assessments or analyses as the 

Secretary considers appropriate.

(c) SUPPORT WITHIN DEPARTMENT OF DEFENSE.—In accordance with Directive 

5101.1, the Secretary shall ensure that the military departments, the Defense 

Agencies, and other elements of the Department of Defense provide the 

executive agent designated under subsection (a) with the appropriate support and 

resources needed to perform the roles, responsibilities, and authorities of the 

executive agent.

(d) DEFINITIONS.—In this section:

(1) The term “Directive 5101.1” means Department of Defense Directive 

5101.1, or any successor directive relating to the responsibilities of an 

executive agent of the Department of Defense.

(2) The term “executive agent” has the meaning given the term “DoD 

Executive Agent” in Directive 5101.1.

(3) The term “open-source intelligence tools” means tools for the 

systematic collection, processing, and analysis of publicly available 

information for known or anticipated intelligence requirements.

SUBCHAPTER II—INTELLIGENCE COMMERCIAL ACTIVITIES

AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR 

INTELLIGENCE COLLECTION ACTIVITIES

SEC. 431.

(a) AUTHORITY.—The Secretary of Defense, subject to the provisions of this 

subchapter, may authorize the conduct of those commercial activities necessary 
TITLE 10, DEPARTMENT OF DEFENSE AUTHORITIES

312

to provide security for authorized intelligence collection activities abroad 

undertaken by the Department of Defense. No commercial activity may be 

initiated pursuant to this subchapter after December 31, 2023.

(b) INTERAGENCY COORDINATION AND SUPPORT.—Any such activity shall—

(1) be coordinated with, and (where appropriate) be supported by, the 

Director of the Central Intelligence Agency; and

(2) to the extent the activity takes place within the United States, be 

coordinated with, and (where appropriate) be supported by, the Director 

of the Federal Bureau of Investigation.

(c) DEFINITIONS.—In this subchapter:

(1) The term “commercial activities” means activities that are conducted 

in a manner consistent with prevailing commercial practices and 

includes—

(A) the acquisition, use, sale, storage and disposal of goods and 

services;

(B) entering into employment contracts and leases and other 

agreements for real and personal property;

(C) depositing funds into and withdrawing funds from domestic 

and foreign commercial business or financial institutions;

(D) acquiring licenses, registrations, permits, and insurance; and

(E) establishing corporations, partnerships, and other legal 

entities.

(2) The term “intelligence collection activities” means the collection of 

foreign intelligence and counterintelligence information.

USE, DISPOSITION, AND AUDITING OF FUNDS

SEC. 432.

(a) USE OF FUNDS.—Funds generated by a commercial activity authorized 

pursuant to this subchapter may be used to offset necessary and reasonable 

expenses arising from that activity. Use of such funds for that purpose shall be 

kept to the minimum necessary to conduct the activity concerned in a secure 

manner. Any funds generated by the activity in excess of those required for that 

purpose shall be deposited, as often as may be practicable, into the Treasury as 

miscellaneous receipts.

(b) AUDITS.—

(1) The Secretary of Defense shall assign an organization within the 

Department of Defense to have auditing responsibility with respect to 

activities authorized under this subchapter.

(2) That organization shall audit the use and disposition of funds 

generated by any commercial activity authorized under this subchapter 

not less often than annually. The results of all such audits shall be 
TITLE 10, DEPARTMENT OF DEFENSE AUTHORITIES

313

reported to the congressional defense committees and the congressional 

intelligence committees (as defined in section 437(c) of this title) by not 

later than December 31 of each year.

RELATIONSHIP WITH OTHER FEDERAL LAWS

SEC. 433.

(a) IN GENERAL.—Except as provided by subsection (b), a commercial activity 

conducted pursuant to this subchapter shall be carried out in accordance with 

applicable Federal law. 

(b) AUTHORIZATION OF WAIVERS WHEN NECESSARY TO MAINTAIN 

SECURITY.—

(1) If the Secretary of Defense determines, in connection with a 

commercial activity authorized pursuant to section 431 of this title, that 

compliance with certain Federal laws or regulations pertaining to the 

management and administration of Federal agencies would create an 

unacceptable risk of compromise of an authorized intelligence activity, 

the Secretary may, to the extent necessary to prevent such compromise, 

waive compliance with such laws or regulations. 

(2) Any determination and waiver by the Secretary under paragraph (1) 

shall be made in writing and shall include a specification of the laws and 

regulations for which compliance by the commercial activity concerned 

is not required consistent with this section. 

(3) The authority of the Secretary under paragraph (1) may be delegated 

only to the Deputy Secretary of Defense, an Under Secretary of Defense, 

an Assistant Secretary of Defense, or a Secretary of a military 

department. 

(c) FEDERAL LAWS AND REGULATIONS.—For purposes of this section, Federal 

laws and regulations pertaining to the management and administration of Federal 

agencies are only those Federal laws and regulations pertaining to the following: 

(1) The receipt and use of appropriated and nonappropriated funds. 

(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 instrumentalities. 

(7) Foreign trade or financial transaction restrictions that would reveal 

the commercial activity as an activity of the United States Government. 
TITLE 10, DEPARTMENT OF DEFENSE AUTHORITIES

314

RESERVATION OF DEFENSES AND IMMUNITIES

SEC. 434.

The submission to judicial proceedings in a State or other legal jurisdiction, in 

connection with a commercial activity undertaken pursuant to this subchapter, 

shall not constitute a waiver of the defenses and immunities of the United States. 

LIMITATIONS

SEC. 435.

(a) LAWFUL ACTIVITIES.—Nothing in this subchapter authorizes the conduct of 

any intelligence activity that is not otherwise authorized by law or Executive 

order. 

(b) DOMESTIC ACTIVITIES.—Personnel conducting commercial activity 

authorized by this subchapter may only engage in those activities in the United 

States to the extent necessary to support intelligence activities abroad. 

(c) PROVIDING GOODS AND SERVICES TO THE DEPARTMENT OF DEFENSE.—

Commercial activity may not be undertaken within the United States for the 

purpose of providing goods and services to the Department of Defense, other 

than as may be necessary to provide security for the activities subject to this 

subchapter. 

(d) NOTICE TO UNITED STATES PERSONS.—

(1) In carrying out a commercial activity authorized under this 

subchapter, the Secretary of Defense may not permit an entity engaged in 

such activity to employ a United States person in an operational, 

managerial, or supervisory position, and may not assign or detail a 

United States person to perform operational, managerial, or supervisory 

duties for such an entity, unless that person is informed in advance of the 

intelligence security purpose of that activity. 

(2) In this subsection, the term “United States person” means an 

individual who is a citizen of the United States or an alien lawfully 

admitted to the United States for permanent residence. 

REGULATIONS

SEC. 436.

The Secretary of Defense shall prescribe regulations to implement the authority 

provided in this subchapter. Such regulations shall be consistent with this 

subchapter and shall at a minimum—

(1) specify all elements of the Department of Defense who are authorized 

to engage in commercial activities pursuant to this subchapter; 
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315

(2) require the personal approval of the Secretary or Deputy Secretary of 

Defense for all sensitive activities to be authorized pursuant to this 

subchapter; 

(3) specify all officials who are authorized to grant waivers of laws or 

regulations pursuant to section 433 (b) of this title, or to approve the 

establishment or conduct of commercial activities pursuant to this 

subchapter; 

(4) designate a single office within the Department of Defense to be 

responsible for the management and supervision of all activities 

authorized under this subchapter; 

(5) require that each commercial activity proposed to be authorized under 

this subchapter be subject to appropriate legal review before the activity 

is authorized; and 

(6) provide for appropriate internal audit controls and oversight for such 

activities. 

CONGRESSIONAL OVERSIGHT

SEC. 437.

(a) PROPOSED REGULATIONS.—Copies of regulations proposed to be prescribed 

under section 436 of this title (including any proposed revision to such 

regulations) shall be submitted to the intelligence committees not less than 30 

days before they take effect. 

(b) CURRENT INFORMATION.—The Secretary of Defense shall ensure that 

congressional defense committees and the congressional intelligence committees 

are kept fully and currently informed of actions taken pursuant to this subchapter, 

including any significant anticipated activity to be authorized pursuant to this 

subchapter.

(c) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In this section, the 

term “congressional intelligence committees” has the meaning given the term in 

section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
TITLE 10, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY AUTHORITIES

316

TITLE 10, CHAPTER 22, UNITED STATES CODE, 

NATIONAL GEOSPATIAL-INTELLIGENCE 

AGENCY AUTHORITIES[1]

TABLE OF CONTENTS

SUBCHAPTER I—MISSIONS AND AUTHORITY

SEC. 441. Establishment. 

SEC. 442. Missions.

SEC. 443. Imagery intelligence and geospatial information: support for 

foreign countries, regional organizations, and security alliances.

SEC. 444. Support from Central Intelligence Agency.

SUBCHAPTER II—MAPS, CHARTS, AND GEODETIC PRODUCTS

SEC. 451. Maps, charts, and books. 

SEC. 452. Pilot charts.

SEC. 453. Sale of maps, charts, and navigational publications: prices; use 

of proceeds.

SEC. 454. Exchange of mapping, charting, and geodetic data with foreign 

countries, international organizations, nongovernmental 

organizations, and academic institutions. 

SEC. 455. Maps, charts, and geodetic data: public availability; exceptions. 

SEC. 456. Civil actions barred.

SEC. 457. Operational files previously maintained by or concerning 

activities of National Photographic Interpretation Center: 

authority to withhold from public disclosure.

SUBCHAPTER III—PERSONNEL MANAGEMENT

SEC. 461. Management rights. 

SEC. 462. Financial assistance to certain employees in acquisition of 

critical skills.

SUBCHAPTER IV—DEFINITIONS

SEC. 467. Definitions. 

 1 Only select provisions are included, as reflected in the table of contents excerpt.
TITLE 10, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY AUTHORITIES

317

SUBCHAPTER I—MISSIONS AND AUTHORITY

ESTABLISHMENT

SEC. 441.

(a) ESTABLISHMENT.—The National Geospatial-Intelligence Agency is a combat 

support agency of the Department of Defense and has significant national 

missions. 

(b) DIRECTOR.—

(1) The Director of the National Geospatial-Intelligence Agency is the 

head of the agency. 

(2) Upon a vacancy in the position of Director, the Secretary of Defense 

shall recommend to the President an individual for appointment to the 

position. 

(3) If an officer of the armed forces on active duty is appointed to the 

position of Director, the position shall be treated as having been 

designated by the President as a position of importance and responsibility 

for purposes of section 601 of this title and shall carry the grade of 

lieutenant general, or, in the case of an officer of the Navy, vice admiral. 

(c) DIRECTOR OF NATIONAL INTELLIGENCE COLLECTION TASKING 

AUTHORITY.—Unless otherwise directed by the President, the Director of 

National Intelligence shall have authority (except as otherwise agreed by the 

Director and the Secretary of Defense) to—

(1) approve collection requirements levied on national imagery collection 

assets; 

(2) determine priorities for such requirements; and 

(3) resolve conflicts in such priorities. 

(d) AVAILABILITY AND CONTINUED IMPROVEMENT OF IMAGERY INTELLIGENCE 

SUPPORT TO ALL-SOURCE ANALYSIS AND PRODUCTION FUNCTION.—The 

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

shall take all necessary steps to ensure the full availability and continued 

improvement of imagery intelligence support for all-source analysis and 

production. 

MISSIONS

SEC. 442.

(a) NATIONAL SECURITY MISSIONS.—

(1) The National Geospatial-Intelligence Agency shall, in support of the 

national security objectives of the United States, provide geospatial 

intelligence consisting of the following: 
TITLE 10, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY AUTHORITIES

318

(A) Imagery. 

(B) Imagery intelligence. 

(C) Geospatial information. 

(2)(A) As directed by the Director of National Intelligence, the National 

Geospatial-Intelligence Agency shall develop a system to facilitate the 

analysis, dissemination, and incorporation of likenesses, videos, and 

presentations produced by ground-based platforms, including handheld 

or clandestine photography taken by or on behalf of human intelligence 

collection organizations or available as open-source information, into the 

National System for Geospatial Intelligence. 

(B) The authority provided by this paragraph does not include 

authority for the National Geospatial-Intelligence Agency to 

manage tasking of handheld or clandestine photography taken by 

or on behalf of human intelligence collection organizations. 

(3) Geospatial intelligence provided in carrying out paragraphs (1) and 

(2) shall be timely, relevant, and accurate. 

(b) NAVIGATION INFORMATION.—The National Geospatial-Intelligence Agency 

shall improve means of navigating vessels of the Navy and the merchant marine 

by providing, under the authority of the Secretary of Defense, accurate and 

inexpensive nautical charts, sailing directions, books on navigation, and manuals 

of instructions for the use of all vessels of the United States and of navigators 

generally. 

(c) MAPS, CHARTS, ETC.—The National Geospatial-Intelligence Agency shall 

prepare and distribute maps, charts, books, and geodetic products as authorized 

under subchapter II of this chapter. 

(d) NATIONAL MISSIONS.—The National Geospatial-Intelligence Agency also 

has national missions as specified in section 110(a) of the National Security Act 

of 1947 (50 U.S.C. 3045(a)). 

(e) SYSTEMS.—The National Geospatial-Intelligence Agency may, in furtherance 

of a mission of the Agency, design, develop, deploy, operate, and maintain 

systems related to the processing and dissemination of imagery intelligence and 

geospatial information that may be transferred to, accepted or used by, or used on 

behalf of—

(1) the armed forces, including any combatant command, component of a 

combatant command, joint task force, or tactical unit; or 

(2) any other department or agency of the United States. 
TITLE 10, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY AUTHORITIES

319

IMAGERY INTELLIGENCE AND GEOSPATIAL INFORMATION:

SUPPORT FOR FOREIGN COUNTRIES, REGIONAL ORGANIZATIONS, AND 

SECURITY ALLIANCES

SEC. 443. 

(a) USE OF APPROPRIATED FUNDS.—The Director of the National GeospatialIntelligence Agency may use appropriated funds available to the National 

Geospatial-Intelligence Agency to provide foreign countries, regional 

organizations with defense or security components, and security alliances of 

which the United States is a member with imagery intelligence and geospatial 

information support. 

(b) USE OF FUNDS OTHER THAN APPROPRIATED FUNDS.—The Director may use 

funds other than appropriated funds to provide foreign countries with imagery 

intelligence and geospatial information support, notwithstanding provisions of 

law relating to the 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 

benefit of the National Geospatial-Intelligence Agency for a purpose for 

which Congress had previously denied funds; 

(2) proceeds from the sale of imagery intelligence or geospatial 

information items may be used only to purchase replacement items 

similar to the items that are sold; and 

(3) the authority provided by this subsection may not be used to acquire 

items or services for the principal benefit of the United States. 

(c) ACCOMMODATION PROCUREMENTS.—The authority under this section may 

be exercised to conduct accommodation procurements on behalf of foreign 

countries. 

(d) COORDINATION WITH DIRECTOR OF NATIONAL INTELLIGENCE.—The

Director of the Agency shall coordinate with the Director of National Intelligence 

any action under this section that involves imagery intelligence or intelligence 

products or involves providing support to an intelligence or security service of a 

foreign country. 

SUPPORT FROM CENTRAL INTELLIGENCE AGENCY

SEC. 444.

(a) SUPPORT AUTHORIZED.—The Director of the Central Intelligence Agency 

may provide support in accordance with this section to the Director of the 

National Geospatial-Intelligence Agency. The Director of the National 

Geospatial-Intelligence Agency may accept support provided under this section. 

(b) ADMINISTRATIVE AND CONTRACT SERVICES.—
TITLE 10, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY AUTHORITIES

320

(1) In furtherance of the national intelligence effort, the Director of the 

Central Intelligence Agency may provide administrative and contract 

services to the National Geospatial-Intelligence Agency as if that agency 

were an organizational element of the Central Intelligence Agency. 

(2) Services provided under paragraph (1) may include the services of 

security police. For purposes of section 15 of the Central Intelligence 

Agency Act of 1949 (50 U.S.C. 3515), an installation of the National 

Geospatial-Intelligence Agency that is provided security police services 

under this section shall be considered an installation of the Central 

Intelligence Agency. 

(3) Support provided under this subsection shall be provided under terms 

and conditions agreed upon by the Secretary of Defense and the Director 

of the Central Intelligence Agency. 

(c) DETAIL OF PERSONNEL.—The Director of the Central Intelligence Agency 

may detail personnel of the Central Intelligence Agency indefinitely to the 

National Geospatial-Intelligence Agency without regard to any limitation on the 

duration of interagency details of Federal Government personnel. 

(d) REIMBURSABLE OR NONREIMBURSABLE SUPPORT.—Support under this 

section may be provided and accepted on either a reimbursable basis or a 

nonreimbursable basis. 

(e) AUTHORITY TO TRANSFER FUNDS.—

(1) The Director of the National Geospatial-Intelligence Agency may 

transfer funds available for that agency to the Director of the Central 

Intelligence Agency 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 

Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.), to 

provide administrative and contract services or detail personnel 

to the National Geospatial-Intelligence Agency under this 

section. 

SUBCHAPTER II—MAPS, CHARTS, AND GEODETIC PRODUCTS

MAPS, CHARTS, AND BOOKS

SEC. 451.

The Secretary of Defense may—

(1) have the National Geospatial-Intelligence Agency prepare maps, 

charts, and nautical books required in navigation and have those 

materials published and furnished to navigators; and 
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321

(2) buy the plates and copyrights of existing maps, charts, books on 

navigation, and sailing directions and instructions. 

PILOT CHARTS

SEC. 452.

(a) There shall be conspicuously printed on pilot charts prepared in the National 

Geospatial-Intelligence Agency the following: “Prepared from data furnished by 

the National Geospatial-Intelligence Agency of the Department of Defense and 

by the Department of Commerce, and published at the National GeospatialIntelligence Agency under the authority of the Secretary of Defense”. 

(b) The Secretary of Commerce shall furnish to the National GeospatialIntelligence Agency, as quickly as possible, all meteorological information 

received by the Secretary that is necessary for, and of the character used in, 

preparing pilot charts. 

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 the 

National Geospatial-Intelligence Agency shall be sold at prices and under 

regulations that may 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 acquisition 

fee out of the proceeds of the sale of maps, charts, and other publications 

of the Agency, and those proceeds are hereby made available for that 

purpose. 

(2) In this subsection, the term “NGA foreign data acquisition fee”

means any licensing or other fee imposed by a foreign country or 

international organization for the acquisition or use of data or products 

by the National Geospatial-Intelligence Agency. 

EXCHANGE OF MAPPING, CHARTING, AND GEODETIC DATA WITH FOREIGN 

COUNTRIES, INTERNATIONAL ORGANIZATIONS, NONGOVERNMENTAL 

ORGANIZATIONS, AND ACADEMIC INSTITUTIONS

SEC. 454.

(a) FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS.—The Secretary 

of Defense may authorize the National Geospatial-Intelligence Agency to 

exchange or furnish mapping, charting, and geodetic data, supplies and services 
TITLE 10, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY AUTHORITIES

322

to a foreign country or international organization pursuant to an agreement for 

the production or exchange of such data. 

(b) NONGOVERNMENTAL ORGANIZATIONS AND ACADEMIC INSTITUTIONS.—The 

Secretary may authorize the National Geospatial-Intelligence Agency to 

exchange or furnish mapping, charting, and geodetic data, supplies, and services 

relating to areas outside of the United States to a nongovernmental organization 

or an academic institution engaged in geospatial information research or 

production of such areas pursuant to an agreement for the production or exchange 

of such data.

MAPS, CHARTS, AND GEODETIC DATA: PUBLIC AVAILABILITY; EXCEPTIONS

SEC. 455.

(a) The National Geospatial-Intelligence Agency shall offer for sale maps and 

charts at scales of 1:500,000 and smaller, except those withheld in accordance 

with subsection (b) or those specifically authorized under criteria established by 

Executive order to be kept secret in the interest of national defense or foreign 

policy and in fact properly classified pursuant to such Executive order. 

(b)(1) Notwithstanding any other provision of law, the Secretary of Defense may 

withhold from public disclosure any geodetic product in the possession of, or 

under the control of, the Department of Defense—

(A) that was obtained or produced, or that contains information 

that was provided, pursuant to an international agreement that 

restricts disclosure of such product or information to government 

officials of the agreeing parties or that restricts use of such 

product or information to government purposes only; 

(B) that contains information that the Secretary of Defense has 

determined in writing would, if disclosed, reveal sources and 

methods, or capabilities, used to obtain source material for 

production of the geodetic product; or 

(C) that contains information that the Director of the National 

Geospatial-Intelligence Agency has determined in writing 

would, if disclosed, jeopardize or interfere with ongoing military 

or intelligence operations, reveal military operational or 

contingency plans, or reveal, jeopardize, or compromise military 

or intelligence capabilities. 

(2) In this subsection, the term “geodetic product” means imagery, 

imagery intelligence, or geospatial information. 

(c)(1) Regulations to implement this section (including any amendments to such 

regulations) shall be published in the Federal Register for public comment for a 

period of not less than 30 days before they take effect. 
TITLE 10, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY AUTHORITIES

323

(2) Regulations under this section shall address the conditions under 

which release of geodetic products authorized under subsection (b) to be 

withheld from public disclosure would be appropriate—

(A) in the case of allies of the United States; and 

(B) in the case of qualified United States contractors (including 

contractors that are small business concerns) who need such 

products for use in the performance of contracts with the United 

States. 

CIVIL ACTIONS BARRED

SEC. 456.

(a) CLAIMS BARRED.—No civil action may be brought against the United States 

on the basis of the content of a navigational aid prepared or disseminated by the 

National 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 other form 

or medium of product or information in which the National GeospatialIntelligence Agency prepares or disseminates navigational aids. 

OPERATIONAL FILES PREVIOUSLY MAINTAINED BY OR CONCERNING 

ACTIVITIES OF NATIONAL PHOTOGRAPHIC INTERPRETATION CENTER:

AUTHORITY TO WITHHOLD FROM PUBLIC DISCLOSURE

SEC. 457.

(a) AUTHORITY.—The Secretary of Defense may withhold from public 

disclosure operational files described in subsection (b) to the same extent that 

operational files may be withheld under section 701 of the National Security Act 

of 1947 (50 U.S.C. 3431). 

(b) COVERED OPERATIONAL FILES.—The authority under subsection (a) applies 

to operational files in the possession of the National Geospatial-Intelligence 

Agency that—

(1) as of September 22, 1996, were maintained by the National 

Photographic Interpretation Center; or 

(2) concern the activities of the Agency that, as of such date, were 

performed by the National Photographic Interpretation Center. 

(c) OPERATIONAL FILES DEFINED.—In this section, the term “operational files”

has the meaning given that term in section 701(b) of the National Security Act of 

1947 (50 U.S.C. 3141(b)). 
TITLE 10, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY AUTHORITIES

324

SUBCHAPTER III—PERSONNEL MANAGEMENT

MANAGEMENT RIGHTS

SEC. 461.

(a) SCOPE.—If there is no obligation under the provisions of chapter 71 of title 5 

for the head of an agency of the United States to consult or negotiate with a labor 

organization on a particular matter by reason of that matter being covered by a 

provision of law or a Governmentwide regulation, the Director of the National 

Geospatial-Intelligence Agency is not obligated to consult or negotiate with a 

labor organization on that matter even if that provision of law or regulation is 

inapplicable to the National Geospatial-Intelligence Agency. 

(b) BARGAINING UNITS.—The Director of the National Geospatial-Intelligence 

Agency shall accord exclusive recognition to a labor organization under section 

7111 of title 5 only for a bargaining unit that was recognized as appropriate for 

the Defense Mapping Agency on September 30, 1996. 

(c) TERMINATION OF BARGAINING UNIT COVERAGE OF POSITION MODIFIED TO 

AFFECT NATIONAL SECURITY DIRECTLY.—

(1) If the Director of the National Geospatial-Intelligence Agency 

determines that the responsibilities of a position within a collective 

bargaining unit should be modified to include intelligence, 

counterintelligence, investigative, or security duties not previously 

assigned to that position and that the performance of the newly assigned 

duties directly affects the national security of the United States, then, 

upon such a modification of the responsibilities of that position, the 

position shall cease to be covered by the collective bargaining unit and 

the employee in that position shall cease to be entitled to representation 

by a labor organization accorded exclusive recognition for that collective 

bargaining unit. 

(2) A determination described in paragraph (1) that is made by the 

Director of the National Geospatial-Intelligence Agency may not be 

reviewed by the Federal 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 program with 

respect to civilian employees of the National Geospatial-Intelligence Agency that 

is similar in purpose, conditions, content, and administration to the program 
TITLE 10, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY AUTHORITIES

325

established by the Secretary of Defense under section 16 of the National Security 

Agency Act of 1959 (50 U.S.C. 3614) for civilian employees of the National 

Security Agency. 

SUBCHAPTER IV—DEFINITIONS

DEFINITIONS

SEC. 467.

In this chapter: 

(1) The term “function” means any duty, obligation, responsibility, privilege, 

activity, or program. 

(2)(A) The term “imagery” means, except as provided in subparagraph (B), a 

likeness or presentation of any natural or manmade feature or related object or 

activity and the positional data acquired at the same time the likeness or 

representation was acquired, including—

(i) products produced by space-based national intelligence 

reconnaissance systems; and 

(ii) likenesses or presentations produced by satellites, airborne 

platforms, unmanned aerial vehicles, or other similar means. 

(B) Such term does not include handheld or clandestine photography 

taken by or 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 imagery 

and collateral materials. 

(4) The term “geospatial information” means information that identifies the 

geographic location and characteristics of natural or constructed features and 

boundaries on the earth and includes—

(A) statistical data and information derived from, among other things, 

remote sensing, mapping, and surveying technologies; and 

(B) mapping, charting, geodetic data, and related products. 

(5) The term “geospatial intelligence” means the exploitation and analysis of 

imagery and geospatial information to describe, assess, and visually depict 

physical features and geographically referenced activities on the earth. Geospatial 

intelligence consists of imagery, imagery intelligence, and geospatial 

information. 
HOMELAND SECURITY ACT OF 2002

326

HOMELAND SECURITY ACT OF 2002[1]

[Public Law 107-296; 116 STAT. 2135; November 25, 2002]

AN ACT To establish the Department of Homeland Security, and for other 

purposes.

Be it enacted by the Senate and House of Representatives of the United States of 

America in Congress assembled,

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 Act of 

2002”.

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:

SEC. 1. Short title; table of contents.

SEC. 2. Definitions.

TITLE I—DEPARTMENT OF HOMELAND SECURITY

SEC. 101. Executive department; mission.

SEC. 102. Secretary; functions.

SEC. 103. Other officers.

TITLE II—INFORMATION ANALYSIS

SUBTITLE A—INFORMATION AND ANALYSIS; ACCESS TO INFORMATION

SEC. 201. Information and Analysis.

SEC. 202. Access to information.

SEC. 203. Homeland Security Advisory System.

SEC. 204. Homeland security information sharing.

SEC. 205. Comprehensive information technology network architecture.

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 government 

officials.

 1 Only select provisions are included, as reflected in the table of contents excerpt.
HOMELAND SECURITY ACT OF 2002

327

SEC. 210. Information sharing incentives.

SEC. 210A. Department of Homeland Security State, Local, and Regional 

Information Fusion Center Initiative.

SEC. 210B. Homeland Security Information Sharing Fellows Program.

SEC. 210E. Classified Information Advisory Officer.

TITLE V—NATIONAL EMERGENCY MANAGEMENT

SEC. 515. National Operations Center.

TITLE VIII—COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR 

GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD;

GENERAL PROVISIONS

SUBTITLE A—COORDINATION WITH NON-FEDERAL ENTITIES

SEC. 801. Office for State and Local Government Coordination.

SUBTITLE I—INFORMATION SHARING

SEC. 891. Short title; findings; and sense of Congress.

SEC. 892. Facilitating homeland security information sharing procedures.

SEC. 893. Report.

SEC. 894. Authorization of appropriations.

TITLE XXII—CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

SUBTITLE A—CYBERSECURITY AND INFRASTRUCTURE SECURITY

SEC. 2209. National cybersecurity and communications integration center.

SEC. 2210. Cybersecurity plans.

SEC. 2212. Clearances.

SEC. 2214. National Asset Database. 

DEFINITIONS

SEC. 2. [6 U.S.C. § 101] 

In this Act, the following definitions apply:

(1) Each of the terms “American homeland” and “homeland” means the United 

States.
HOMELAND SECURITY ACT OF 2002

328

(2) The term “appropriate congressional committee” means any committee of the 

House of Representatives or the Senate having legislative or oversight 

jurisdiction under the Rules of the House of Representatives or the Senate, 

respectively, over the matter concerned.

(3) The term “assets” includes contracts, facilities, property, records, unobligated 

or unexpended balances of appropriations, and other funds or resources (other 

than personnel).

(4) The term “critical infrastructure” has the meaning given that term in section 

1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).

(5) The term “Department” means the Department of Homeland Security.

(6) The term “emergency response providers” includes Federal, State, and local 

governmental and nongovernmental emergency public safety, fire, law 

enforcement, emergency response, emergency medical (including hospital 

emergency facilities), and related personnel, agencies, and authorities.

(7) The term “EMP” means an electromagnetic pulse caused by a nuclear device 

or nonnuclear device, including such a pulse caused by an act of terrorism.

(8) The term “executive agency” means an executive agency and a military 

department, as defined, respectively, in sections 105 and 102 of title 5, United 

States Code.

(9) The term “functions” includes authorities, powers, rights, privileges, 

immunities, programs, projects, activities, duties, and responsibilities.

(10) The term “GMD” means a geomagnetic disturbance caused by a solar storm 

or another naturally occurring phenomenon.

(11) The term “intelligence component of the Department” means any element or 

entity of the Department that collects, gathers, processes, analyzes, produces, or 

disseminates intelligence information within the scope of the information sharing 

environment, including homeland security information, terrorism information, 

and weapons of mass destruction information, or national intelligence, as defined 

under section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)),

except—

(A) the United States Secret Service; and

(B) the Coast Guard, when operating under the direct authority of the 

Secretary of Defense or Secretary of the Navy pursuant to section 3 of 

title 14, United States Code, except that nothing in this paragraph shall 

affect or diminish the authority and responsibilities of the Commandant 

of the Coast Guard to command or control the Coast Guard as an armed 

force or the authority of the Director of National Intelligence with 

respect to the Coast Guard as an element of the intelligence community 

(as defined under section 3(4) of the National Security Act of 1947 (50 

U.S.C. 401a(4).
HOMELAND SECURITY ACT OF 2002

329

(12) The term “key resources” means publicly or privately controlled resources 

essential to the minimal operations of the economy and government.

(13) The term “local government” means—

(A) a county, municipality, city, town, township, local public authority, 

school district, special district, intrastate district, council of governments 

(regardless of whether the council of governments is incorporated as a 

nonprofit corporation under State law), regional or interstate government 

entity, or agency or instrumentality of a local government;

(B) an Indian tribe or authorized tribal organization, or in Alaska a 

Native village or Alaska Regional Native Corporation; and

(C) a rural community, unincorporated town or village, or other public 

entity.

(14) The term “major disaster” has the meaning given in section 102(2) of the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5122).

(15) The term “personnel” means officers and employees.

(16) The term “Secretary” means the Secretary of Homeland Security.

(17) The term “State” means any State of the United States, the District of 

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 

American Samoa, the Commonwealth of the Northern Mariana Islands, and any 

possession of the United States.

(18) The term “terrorism” means any activity that—

(A) involves an act that—

(i) is dangerous to human life or potentially destructive of critical 

infrastructure or key resources; and

(ii) is a violation of the criminal laws of the United States or of 

any State or other subdivision of the United States; and

(B) appears to be intended—

(i) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government by intimidation or 

coercion; or

(iii) to affect the conduct of a government by mass destruction, 

assassination, or kidnapping.

(19)(A) The term “United States”, when used in a geographic sense, means any 

State of the United States, the District of Columbia, the Commonwealth of Puerto 

Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the 

Northern Mariana Islands, any possession of the United States, and any waters 

within the jurisdiction of the United States.

(B) Nothing in this paragraph or any other provision of this chapter shall 

be construed to modify the definition of “United States” for the purposes 
HOMELAND SECURITY ACT OF 2002

330

of the Immigration and Nationality Act or any other immigration or 

nationality law.

(20) The term “voluntary preparedness standards” means a common set of 

criteria for preparedness, disaster management, emergency management, and 

business continuity programs, such as the American National Standards 

Institute’s National Fire Protection Association Standard on Disaster/Emergency 

Management and Business Continuity Programs (ANSI/NFPA 1600).

TITLE I—DEPARTMENT OF HOMELAND SECURITY

EXECUTIVE DEPARTMENT; MISSION

SEC. 101. [6 U.S.C. § 111] 

(a) ESTABLISHMENT.—There is established a Department of Homeland Security, 

as an executive department of the United States within the meaning of title 5, 

United States Code.

(b) MISSION.—

(1) IN GENERAL.—The primary mission of the Department is to—

(A) prevent terrorist attacks within the United States;

(B) reduce the vulnerability of the United States to terrorism;

(C) minimize the damage, and assist in the recovery, from 

terrorist attacks that do occur within the United States;

(D) carry out all functions of entities transferred to the 

Department, including by acting as a focal point regarding 

natural and manmade crises and emergency planning;

(E) ensure that the functions of the agencies and subdivisions 

within the Department that are not related directly to securing the 

homeland are not diminished or neglected except by a specific 

explicit Act of Congress;

(F) ensure that the overall economic security of the United States 

is not diminished by efforts, activities, and programs aimed at 

securing the homeland; 

(G) monitor connections between illegal drug trafficking and 

terrorism, coordinate efforts to sever such connections, and 

otherwise contribute to efforts to interdict illegal drug 

trafficking; and

(H) monitor connections between illegal drug trafficking and 

terrorism, coordinate efforts to sever such connections, and 

otherwise contribute to efforts to interdict illegal drug 

trafficking.
HOMELAND SECURITY ACT OF 2002

331

(2) RESPONSIBILITY FOR INVESTIGATING AND PROSECUTING 

TERRORISM.—Except as specifically provided by law with respect to 

entities transferred to the Department under this Act, primary 

responsibility for investigating and prosecuting acts of terrorism shall be 

vested not in the Department, but rather in Federal, State, and local law 

enforcement agencies with jurisdiction over the acts in question.

SECRETARY; FUNCTIONS

SEC. 102. [6 U.S.C. § 112] 

(a) SECRETARY.—

(1) IN GENERAL.—There is a Secretary of Homeland Security, appointed 

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

(2) HEAD OF DEPARTMENT.—The Secretary is the head of the 

Department and shall have direction, authority, and control over it.

(3) FUNCTIONS VESTED IN SECRETARY.—All functions of all officers, 

employees, and organizational units of the Department are vested in the 

Secretary.

(b) FUNCTIONS.—The Secretary—

(1) except as otherwise provided by this Act, may delegate any of the 

Secretary’s functions to any officer, employee, or organizational unit of 

the Department;

(2) shall have the authority to make contracts, grants, and cooperative 

agreements, and to enter into agreements with other executive agencies, 

as may be necessary and proper to carry out the Secretary’s 

responsibilities under this Act or otherwise provided by law; and

(3) shall take reasonable steps to ensure that information systems and 

databases of the Department are compatible with each other and with 

appropriate databases of other Departments.

(c) COORDINATION WITH NON-FEDERAL ENTITIES.—With respect to homeland 

security, the Secretary shall coordinate through the Office of State and Local 

Coordination (established under section 801) (including the provision of training 

and equipment) with State and local government personnel, agencies, and 

authorities, with the private sector, and with other entities, including by:

(1) coordinating with State and local government personnel, agencies, 

and authorities, and with the private sector, to ensure adequate planning, 

equipment, training, and exercise activities;

(2) coordinating and, as appropriate, consolidating, the Federal 

Government’s communications and systems of communications relating 

to homeland security with State and local government personnel, 
HOMELAND SECURITY ACT OF 2002

332

agencies, and authorities, the private sector, other entities, and the public; 

and

(3) distributing or, as appropriate, coordinating the distribution of, 

warnings and information to State and local government personnel, 

agencies, and authorities and to the public.

(d) MEETINGS OF NATIONAL SECURITY COUNCIL.—The Secretary may, subject 

to the direction of the President, attend and participate in meetings of the 

National Security Council.

(e) ISSUANCE OF REGULATIONS.—The issuance of regulations by the Secretary 

shall be governed by the provisions of chapter 5 of title 5, United States Code, 

except as specifically provided in this Act, in laws granting regulatory authorities 

that are transferred by this Act, and in laws enacted after the date of enactment of 

this Act.

(f) SPECIAL ASSISTANT TO THE SECRETARY.—The Secretary shall appoint a 

Special Assistant to the Secretary who shall be responsible for—

(1) creating and fostering strategic communications with the private 

sector to enhance the primary mission of the Department to protect the 

American homeland;

(2) advising the Secretary on the impact of the Department’s policies, 

regulations, processes, and actions on the private sector;

(3) interfacing with other relevant Federal agencies with homeland 

security missions to assess the impact of these agencies’ actions on the 

private sector;

(4) creating and managing private sector advisory councils composed of 

representatives of industries and associations designated by the Secretary 

to—

(A) advise the Secretary on private sector products, applications, 

and solutions as they relate to homeland security challenges;

(B) advise the Secretary on homeland security policies, 

regulations, processes, and actions that affect the participating 

industries and associations; and

(C) advise the Secretary on private sector preparedness issues, 

including effective methods for—

(i) promoting voluntary preparedness standards to the 

private sector; and

(ii) assisting the private sector in adopting voluntary 

preparedness standards;

(5) working with Federal laboratories, federally funded research and 

development centers, other federally funded organizations, academia, 

and the private sector to develop innovative approaches to address 
HOMELAND SECURITY ACT OF 2002

333

homeland security challenges to produce and deploy the best available 

technologies for homeland security missions;

(6) promoting existing public-private partnerships and developing new 

public-private partnerships to provide for collaboration and mutual 

support to address homeland security challenges; 

(7) assisting in the development and promotion of private sector best 

practices to secure critical infrastructure;

(8) providing information to the private sector regarding voluntary 

preparedness standards and the business justification for preparedness 

and promoting to the private sector the adoption of voluntary 

preparedness standards;

(9) coordinating industry efforts, with respect to functions of the 

Department of Homeland Security, to identify private sector resources 

and capabilities that could be effective in supplementing Federal, State, 

and local government agency efforts to prevent or respond to a terrorist 

attack;

(10) coordinating with the Commissioner of U.S. Customs and Border 

Protection and the Assistant Secretary for Trade Development of the 

Department of Commerce on issues related to the travel and tourism 

industries; and

(11) consulting with the Office of State and Local Government 

Coordination and Preparedness on all matters of concern to the private 

sector, including the tourism industry.

(g) STANDARDS POLICY.—All standards activities of the Department shall be 

conducted in accordance with section 12(d) of the National Technology Transfer 

Advancement Act of 1995 (15 U.S.C. § 272 note) and Office of Management and 

Budget Circular A-119.

OTHER OFFICERS

SEC. 103. [6 U.S.C. § 113] 

(a) DEPUTY SECRETARY; UNDER SECRETARIES.—

(1) IN GENERAL.—Except as provided under paragraph (2), there are the 

following officers, appointed by the President, by and with the advice 

and consent of the Senate:

(A) A Deputy Secretary of Homeland Security, who shall be the 

Secretary’s first assistant for purposes of subchapter III of 

chapter 33 of title 5, United States Code.

(B) An Under Secretary for Science and Technology.

(C) A Commissioner of U.S. Customs and Border Protection.
HOMELAND SECURITY ACT OF 2002

334

(D) An Administrator of the Federal Emergency Management 

Agency.

(E) A Director of the Bureau of Citizenship and Immigration 

Services.

(F) An Under Secretary for Management, who shall be first 

assistant to the Deputy Secretary of Homeland Security for 

purposes of subchapter III of chapter 33 of title 5, United States 

Code.

(G) A Director of U.S. Immigration and Customs Enforcement.

(H) An Under Secretary responsible for overseeing critical 

infrastructure protection, cybersecurity, and other related 

programs of the Department.

(I) Not more than 12 Assistant Secretaries.

(J) A General Counsel, who shall be the chief legal officer of the 

Department.

(K) An Under Secretary for Strategy, Policy, and Plans.

(2) ASSISTANT SECRETARIES.—If any of the Assistant Secretaries 

referred to under paragraph (1)(I) is designated to be the Assistant 

Secretary for Health Affairs, the Assistant Secretary for Legislative 

Affairs, or the Assistant Secretary for Public Affairs, that Assistant 

Secretary shall be appointed by the President without the advice and 

consent of the Senate.

(b) INSPECTOR GENERAL.—There shall be in the Department an Office of 

Inspector General and an Inspector General at the head of such office, as 

provided in the Inspector General Act of 1978 (5 U.S.C. App.).

(c) COMMANDANT OF THE COAST GUARD.—To assist the Secretary in the 

performance of the Secretary’s functions, there is a Commandant of the Coast 

Guard, who shall be appointed as provided in section 44 of title 14, United States 

Code, and who shall report directly to the Secretary. In addition to such duties as 

may be provided in this chapter and as assigned to the Commandant by the 

Secretary, the duties of the Commandant shall include those required by section 2 

of title 14, United States Code.

(d) OTHER OFFICERS.—To assist the Secretary in the performance of the 

Secretary’s functions, there are the following officers, appointed by the 

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.

(5) Any Director of a Joint Task Force under section 348 of this title.
HOMELAND SECURITY ACT OF 2002

335

(e) CHIEF FINANCIAL OFFICER.—There shall be in the Department a Chief 

Financial Officer, as provided in chapter 9 of title 31, United States Code.

(f) PERFORMANCE OF SPECIFIC FUNCTIONS.—Subject to the provisions of this 

chapter, every officer of the Department shall perform the functions specified by 

law for the official’s office or prescribed by the Secretary.

(g) VACANCIES.—

(1) ABSENCE, DISABILITY, OR VACANCY OF SECRETARY OR DEPUTY 

SECRETARY.—Notwithstanding chapter 33 of title 5, United States Code, 

the Under Secretary for Management shall serve as the Acting Secretary 

if by reason of absence, disability, or vacancy in office, neither the 

Secretary nor Deputy Secretary is available to exercise the duties of the 

Office of the Secretary.

(2) FURTHER ORDER OF SUCCESSION.—Notwithstanding chapter 33 of 

title 5, United States Code, the Secretary may designate such other 

officers of the Department in further order of succession to serve as 

Acting Secretary.

(3) NOTIFICATION OF VACANCIES.—The Secretary shall notify the 

Committee on Homeland Security and Governmental Affairs of the 

Senate and the Committee on Homeland Security of the House of 

Representatives of any vacancies that require notification under sections 

3345 through 3349d of title 5, United States Code (commonly known as 

the “Federal Vacancies Reform Act of 1998”).

TITLE II—INFORMATION ANALYSIS

SUBTITLE A—INFORMATION AND ANALYSIS; ACCESS TO INFORMATION

INFORMATION AND ANALYSIS

SEC. 201. [6 U.S.C. § 121]

(a) INTELLIGENCE AND ANALYSIS.—There shall be in the Department an Office 

of Intelligence and Analysis.

(b) UNDER SECRETARY FOR INTELLIGENCE AND ANALYSIS.—

(1) OFFICE OF INTELLIGENCE AND ANALYSIS.—The Office of 

Intelligence and Analysis shall be headed by an Under Secretary for 

Intelligence and Analysis, who shall be appointed by the President, by 

and with the advice and consent of the Senate.

(2) CHIEF INTELLIGENCE OFFICER.—The Under Secretary for 

Intelligence and Analysis shall serve as the Chief Intelligence Officer of 

the Department.
HOMELAND SECURITY ACT OF 2002

336

(c) DISCHARGE OF RESPONSIBILITIES.—The Secretary shall ensure that the 

responsibilities of the Department relating to information analysis and 

infrastructure protection, including those described in subsection (d), are carried 

out through the Under Secretary for Intelligence and Analysis.

(d) RESPONSIBILITIES OF SECRETARY RELATING TO INTELLIGENCE AND 

ANALYSIS.—The responsibilities of the Secretary relating to intelligence and 

analysis shall be as follows:

(1) To access, receive, and analyze law enforcement information, 

intelligence information, and other information from agencies of the 

Federal Government, State and local government agencies (including law 

enforcement agencies), and private sector entities, and to integrate such 

information, in support of the mission responsibilities of the Department 

and the functions of the National Counterterrorism Center established 

under section 119 of the National Security Act of 1947 (50 U.S.C. 

[3056]), in order to—

(A) identify and assess the nature and scope of terrorist threats to 

the homeland;

(B) detect and identify threats of terrorism against the United 

States; and

(C) understand such threats in light of actual and potential 

vulnerabilities of the homeland.

(2) To carry out comprehensive assessments of the vulnerabilities of the 

key resources and critical infrastructure of the United States, including 

the performance of risk assessments to determine the risks posed by 

particular types of terrorist attacks within the United States (including an 

assessment of the probability of success of such attacks and the 

feasibility and potential efficacy of various countermeasures to such 

attacks).

(3) To integrate relevant information, analysis, and vulnerability 

assessments (regardless of whether such information, analysis or 

assessments are provided by or produced by the Department) in order 

to—

(A) identify priorities for protective and support measures 

regarding terrorist and other threats to homeland security by the 

Department, other agencies of the Federal Government, State, 

and local government agencies and authorities, the private sector, 

and other entities; and

(B) prepare finished intelligence and information products in 

both classified and unclassified formats, as appropriate, 

whenever reasonably expected to be of benefit to a State, local, 
HOMELAND SECURITY ACT OF 2002

337

or tribal government (including a State, local, or tribal law 

enforcement agency) or a private sector entity.

(4) To ensure, pursuant to section 202, the timely and efficient access by 

the Department to all information necessary to discharge the 

responsibilities under this section, including obtaining such information 

from other agencies of the Federal Government.

(5) To review, analyze, and make recommendations for improvements to 

the policies and procedures governing the sharing of information within 

the scope of the information sharing environment established under 

section 1016 of the Intelligence Reform and Terrorism Prevention Act of 

2004 (6 U.S.C. 485), including homeland security information, terrorism 

information, and weapons of mass destruction information, and any 

policies, guidelines, procedures, instructions, or standards established 

under that section.

(6) To disseminate, as appropriate, information analyzed by the 

Department within the Department, to other agencies of the Federal 

Government with responsibilities relating to homeland security, and to 

agencies of State and local governments and private sector entities with 

such responsibilities in order to assist in the deterrence, prevention, 

preemption of, or response to, terrorist attacks against the United States.

(7) To consult with the Director of National Intelligence and other 

appropriate intelligence, law enforcement, or other elements of the 

Federal Government to establish collection priorities and strategies for 

information, including law enforcement-related information, relating to 

threats of terrorism against the United States through such means as the 

representation of the Department in discussions regarding requirements 

and priorities in the collection of such information.

(8) To consult with State and local governments and private sector 

entities to ensure appropriate exchanges of information, including law 

enforcement-related information, relating to threats of terrorism against 

the United States.

(9) To ensure that—

(A) any material received pursuant to this Act is protected from 

unauthorized disclosure and handled and used only for the 

performance of official duties; and

(B) any intelligence information under this Act is shared, 

retained, and disseminated consistent with the authority of the 

Director of National Intelligence to protect intelligence sources 

and methods under the National Security Act of 1947 and related 

procedures and, as appropriate, similar authorities of the 
HOMELAND SECURITY ACT OF 2002

338

Attorney General concerning sensitive law enforcement 

information.

(10) To request additional information from other agencies of the Federal 

Government, State and local government agencies, and the private sector 

relating to threats of terrorism in the United States, or relating to other 

areas of responsibility assigned by the Secretary, including the entry into 

cooperative agreements through the Secretary to obtain such information.

(11) To establish and utilize, in conjunction with the chief information 

officer of the Department, a secure communications and information 

technology infrastructure, including data-mining and other advanced 

analytical tools, in order to access, receive, and analyze data and 

information in furtherance of the responsibilities under this section, and 

to disseminate information acquired and analyzed by the Department, as 

appropriate.

(12) To ensure, in conjunction with the chief information officer of the 

Department, that any information databases and analytical tools 

developed or utilized by the Department—

(A) are compatible with one another and with relevant 

information databases of other agencies of the Federal 

Government; and

(B) treat information in such databases in a manner that complies 

with applicable Federal law on privacy.

(13) To coordinate training and other support to the elements and 

personnel of the Department, other agencies of the Federal Government, 

and State and local governments that provide information to the 

Department, or are consumers of information provided by the 

Department, in order to facilitate the identification and sharing of 

information revealed in their ordinary duties and the optimal utilization 

of information received from the Department.

(14) To coordinate with elements of the intelligence community and with 

Federal, State, and local law enforcement agencies, and the private 

sector, as appropriate.

(15) To provide intelligence and information analysis and support to 

other elements of the Department.

(16) To coordinate and enhance integration among the intelligence 

components of the Department, including through strategic oversight of 

the intelligence activities of such components.

(17) To establish the intelligence collection, processing, analysis, and 

dissemination priorities, policies, processes, standards, guidelines, and 

procedures for the intelligence components of the Department, consistent 
HOMELAND SECURITY ACT OF 2002

339

with any directions from the President and, as applicable, the Director of 

National Intelligence.

(18) To establish a structure and process to support the missions and 

goals of the intelligence components of the Department.

(19) To ensure that, whenever possible, the Department—

(A) produces and disseminates unclassified reports and analytic 

products based on open-source information; and

(B) produces and disseminates such reports and analytic products 

contemporaneously with reports or analytic products concerning 

the same or similar information that the Department produced 

and disseminated in a classified format.

(20) To establish within the Office of Intelligence and Analysis an 

internal continuity of operations plan.

(21) Based on intelligence priorities set by the President, and guidance 

from the Secretary and, as appropriate, the Director of National 

Intelligence—

(A) to provide to the heads of each intelligence component of the 

Department guidance for developing the budget pertaining to the 

activities of such component; and

(B) to present to the Secretary a recommendation for a 

consolidated budget for the intelligence components of the 

Department, together with any comments from the heads of such 

components.

(22) To perform such other duties relating to such responsibilities as the 

Secretary may provide.

(23)(A) Not later than six months after the date of the enactment of this 

paragraph, to conduct an intelligence-based review and comparison of 

the risks and consequences of EMP and GMD facing critical 

infrastructure, and submit to the Committee on Homeland Security and 

the Permanent Select Committee on Intelligence of the House of 

Representatives and the Committee on Homeland Security and 

Governmental Affairs and the Select Committee on Intelligence of the 

Senate—

(i) a recommended strategy to protect and prepare the 

critical infrastructure of the homeland against threats of 

EMP and GMD; and

(ii) not less frequently than every two years thereafter for 

the next six years, updates of the recommended strategy.

(B) The recommended strategy under subparagraph (A) shall—

(i) be based on findings of the research and development 

conducted under section 320;
HOMELAND SECURITY ACT OF 2002

340

(ii) be developed in consultation with the relevant 

Federal sector-specific agencies (as defined under 

Presidential Policy Directive-21) for critical 

infrastructure;

(iii) be developed in consultation with the relevant sector 

coordinating councils for critical infrastructure;

(iv) be informed, to the extent practicable, by the 

findings of the intelligence-based review and 

comparison of the risks and consequences of EMP and 

GMD facing critical infrastructure conducted under 

subparagraph (A); and

(v) be submitted in unclassified form, but may include a 

classified annex.

(C) The Secretary may, if appropriate, incorporate the 

recommended strategy into a broader recommendation 

developed by the Department to help protect and prepare critical 

infrastructure from terrorism, cyber attacks, and other threats if, 

as incorporated, the recommended strategy complies with 

subparagraph (B).

(e) STAFF.—

(1) IN GENERAL.—The Secretary shall provide the Office of Intelligence 

and Analysis with a staff of analysts having appropriate expertise and 

experience to assist such offices in discharging responsibilities under this 

section.

(2) PRIVATE SECTOR ANALYSTS.—Analysts under this subsection may 

include analysts from the private sector.

(3) SECURITY CLEARANCES.—Analysts under this subsection shall 

possess security clearances appropriate for their work under this section.

(f) DETAIL OF PERSONNEL.—

(1) IN GENERAL.—In order to assist the Office of Intelligence and 

Analysis in discharging responsibilities under this section, personnel of 

the agencies referred to in paragraph (2) may be detailed to the 

Department for the performance of analytic functions and related duties.

(2) COVERED AGENCIES.—The agencies referred to in this paragraph are 

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.
HOMELAND SECURITY ACT OF 2002

341

(G) Any other agency of the Federal Government that the 

President considers appropriate.

(3) COOPERATIVE AGREEMENTS.—The Secretary and the head of the 

agency concerned may enter into cooperative agreements for the purpose 

of detailing personnel under this subsection.

(4) BASIS.—The detail of personnel under this subsection may be on a 

reimbursable or non-reimbursable basis.

(g) FUNCTIONS TRANSFERRED.—In accordance with title XV, there shall be 

transferred to the Secretary, for assignment to the Office of Intelligence and 

Analysis and the Office of Infrastructure Protection under this section, the 

functions, personnel, assets, and liabilities of the following:

(1) The National Infrastructure Protection Center of the Federal Bureau 

of Investigation (other than the Computer Investigations and Operations 

Section), including the functions of the Attorney General relating thereto.

(2) The National Communications System of the Department of Defense, 

including the functions of the Secretary of Defense relating thereto.

(3) The Critical Infrastructure Assurance Office of the Department of 

Commerce, including the functions of the Secretary of Commerce 

relating thereto.

(4) The National Infrastructure Simulation and Analysis Center of the 

Department of Energy and the energy security and assurance program 

and activities of the Department, including the functions of the Secretary 

of Energy relating thereto.

(5) The Federal Computer Incident Response Center of the General 

Services Administration, including the functions of the Administrator of 

General Services relating thereto.

ACCESS TO INFORMATION

SEC. 202. [6 U.S.C. § 122]

(a) IN GENERAL.—

(1) THREAT AND VULNERABILITY INFORMATION.—Except as otherwise 

directed by the President, the Secretary shall have such access as the 

Secretary considers necessary to all information, including reports, 

assessments, analyses, and unevaluated intelligence relating to threats of 

terrorism against the United States and to other areas of responsibility 

assigned by the Secretary, and to all information concerning 

infrastructure or other vulnerabilities of the United States to terrorism, 

whether or not such information has been analyzed, that may be 

collected, possessed, or prepared by any agency of the Federal 

Government.
HOMELAND SECURITY ACT OF 2002

342

(2) OTHER INFORMATION.—The Secretary shall also have access to other 

information relating to matters under the responsibility of the Secretary 

that may be collected, possessed, or prepared by an agency of the Federal 

Government as the President may further provide.

(b) MANNER OF ACCESS.—Except as otherwise directed by the President, with 

respect to information to which the Secretary has access pursuant to this 

section—

(1) the Secretary may obtain such material upon request, and may enter 

into cooperative arrangements with other executive agencies to provide 

such material or provide Department officials with access to it on a 

regular or routine basis, including requests or arrangements involving 

broad categories of material, access to electronic databases, or both; and

(2) regardless of whether the Secretary has made any request or entered 

into any cooperative arrangement pursuant to paragraph (1), all agencies 

of the Federal Government shall promptly provide to the Secretary—

(A) all reports (including information reports containing 

intelligence which has not been fully evaluated), assessments, 

and analytical information relating to threats of terrorism against 

the United States and to other areas of responsibility assigned by 

the Secretary;

(B) all information concerning the vulnerability of the 

infrastructure of the United States, or other vulnerabilities of the 

United States, to terrorism, whether or not such information has 

been analyzed;

(C) all other information relating to significant and credible 

threats of terrorism against the United States, whether or not 

such information has been analyzed; and

(D) such other information or material as the President may 

direct.

(c) TREATMENT UNDER CERTAIN LAWS.—The Secretary shall be deemed to be a 

Federal law enforcement, intelligence, protective, national defense, immigration, 

or national security official, and shall be provided with all information from law 

enforcement agencies that is required to be given to the Director of National 

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 Procedure.

(d) ACCESS TO INTELLIGENCE AND OTHER INFORMATION.—

(1) ACCESS BY ELEMENTS OF FEDERAL GOVERNMENT.—Nothing in this 

title shall preclude any element of the intelligence community (as that 

term is defined in section 3(4) of the National Security Act of 1947 (50 
HOMELAND SECURITY ACT OF 2002

343

U.S.C. [3003(4)]), or any other element of the Federal Government with 

responsibility for analyzing terrorist threat information, from receiving 

any intelligence or other information relating to terrorism.

(2) SHARING OF INFORMATION.—The Secretary, in consultation with the 

Director of National Intelligence, shall work to ensure that intelligence or 

other information relating to terrorism to which the Department has 

access is appropriately shared with the elements of the Federal 

Government referred to in paragraph (1), as well as with State and local 

governments, as appropriate.

HOMELAND SECURITY ADVISORY SYSTEM

SEC. 203. [6 U.S.C. § 124]

(a) REQUIREMENT.—The Secretary shall administer the Homeland Security 

Advisory System in accordance with this section to provide advisories or 

warnings regarding the threat or risk that acts of terrorism will be committed on 

the homeland to Federal, State, local, and tribal government authorities and to the 

people of the United States, as appropriate. The Secretary shall exercise primary 

responsibility for providing such advisories or warnings.

(b) REQUIRED ELEMENTS.—In administering the Homeland Security Advisory 

System, the Secretary shall—

(1) establish criteria for the issuance and revocation of such advisories or 

warnings;

(2) develop a methodology, relying on the criteria established under 

paragraph (1), for the issuance and revocation of such advisories or 

warnings;

(3) provide, in each such advisory or warning, specific information and 

advice regarding appropriate protective measures and countermeasures 

that may be taken in response to the threat or risk, at the maximum level 

of detail practicable to enable individuals, government entities, 

emergency response providers, and the private sector to act 

appropriately;

(4) whenever possible, limit the scope of each such advisory or warning 

to a specific region, locality, or economic sector believed to be under 

threat or at risk; and

(5) not, in issuing any advisory or warning, use color designations as the 

exclusive means of specifying homeland security threat conditions that 

are the subject of the advisory or warning.
HOMELAND SECURITY ACT OF 2002

344

HOMELAND SECURITY INFORMATION SHARING

SEC. 204. [6 U.S.C. § 124a]

(a) INFORMATION SHARING.—Consistent with section 1016 of the Intelligence 

Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary, 

acting through the Under Secretary for Intelligence and Analysis, shall integrate 

the information and standardize the format of the products of the intelligence 

components of the Department containing homeland security information, 

terrorism information, weapons of mass destruction information, or national 

intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 

U.S.C. [3003(5)]) except for any internal security protocols or personnel 

information of such intelligence components, or other administrative processes 

that are administered by any chief security officer of the Department.

(b) INFORMATION SHARING AND KNOWLEDGE MANAGEMENT OFFICERS.—For 

each intelligence component of the Department, the Secretary shall designate an 

information sharing and knowledge management officer who shall report to the 

Under Secretary for Intelligence and Analysis regarding coordinating the 

different systems used in the Department to gather and disseminate homeland 

security information or national intelligence (as defined in section 3(5) of the 

National Security Act of 1947 (50 U.S.C. [3003(5)]).

(c) STATE, LOCAL, AND PRIVATE-SECTOR SOURCES OF INFORMATION.—

(1) ESTABLISHMENT OF BUSINESS PROCESSES.—The Secretary, acting 

through the Under Secretary for Intelligence and Analysis or the 

Assistant Secretary for Infrastructure Protection, as appropriate, shall—

(A) establish Department-wide procedures for the review and 

analysis of information provided by State, local, and tribal 

governments and the private sector;

(B) as appropriate, integrate such information into the 

information gathered by the Department and other departments 

and agencies of the Federal Government; and

(C) make available such information, as appropriate, within the 

Department and to other departments and agencies of the Federal 

Government.

(2) FEEDBACK.—The Secretary shall develop mechanisms to provide 

feedback regarding the analysis and utility of information provided by 

any entity of State, local, or tribal government or the private sector that 

provides such information to the Department.

(d) TRAINING AND EVALUATION OF EMPLOYEES.—

(1) TRAINING.—The Secretary, acting through the Under Secretary for 

Intelligence and Analysis or the Director of the Cybersecurity and 

Infrastructure Security Agency, as appropriate, shall provide to 
HOMELAND SECURITY ACT OF 2002

345

employees of the Department opportunities for training and education to 

develop an understanding of—

(A) the definitions of homeland security information and 

national intelligence (as defined in section 3(5) of the National 

Security Act of 1947 (50 U.S.C. [3003(5)]); and

(B) how information available to such employees as part of their 

duties—

(i) might qualify as homeland security information or 

national intelligence; and

(ii) might be relevant to the Office of Intelligence and 

Analysis and the intelligence components of the 

Department.

(2) EVALUATIONS.—The Under Secretary for Intelligence and Analysis 

shall—

(A) on an ongoing basis, evaluate how employees of the Office 

of Intelligence and Analysis and the intelligence components of 

the Department are utilizing homeland security information or 

national intelligence, sharing information within the Department, 

as described in this title, and participating in the information 

sharing environment established under section 1016 of the 

Intelligence Reform and Terrorism Prevention Act of 2004 (6 

U.S.C. 485); and

(B) provide to the appropriate component heads regular reports 

regarding the evaluations under subparagraph (A).

COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE

SEC. 205. [6 U.S.C. § 124b]

(a) ESTABLISHMENT.—The Secretary, acting through the Under Secretary for 

Intelligence and Analysis, shall establish, consistent with the policies and 

procedures developed under section 1016 of the Intelligence Reform and 

Terrorism Prevention Act of 2004 (6 U.S.C. 485), and consistent with the 

enterprise architecture of the Department, a comprehensive information 

technology network architecture for the Office of Intelligence and Analysis that 

connects the various databases and related information technology assets of the 

Office of Intelligence and Analysis and the intelligence components of the 

Department in order to promote internal information sharing among the 

intelligence and other personnel of the Department.

(b) COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE 

DEFINED.—The term “comprehensive information technology network 

architecture” means an integrated framework for evolving or maintaining 
HOMELAND SECURITY ACT OF 2002

346

existing information technology and acquiring new information technology to 

achieve the strategic management and information resources management goals 

of the Office of Intelligence and Analysis.

COORDINATION WITH INFORMATION SHARING ENVIRONMENT

SEC. 206. [6 U.S.C. § 124c]

(a) GUIDANCE.—All activities to comply with sections 203, 204, and 205 shall 

be—

(1) consistent with any policies, guidelines, procedures, instructions, or 

standards established under section 1016 of the Intelligence Reform and 

Terrorism Prevention Act of 2004 (6 U.S.C. 485);

(2) implemented in coordination with, as appropriate, the program 

manager for the information sharing environment established under that 

section;

(3) consistent with any applicable guidance issued by the Director of 

National Intelligence; and

(4) consistent with any applicable guidance issued by the Secretary 

relating to the protection of law enforcement information or proprietary 

information.

(b) CONSULTATION.—In carrying out the duties and responsibilities under this 

subtitle, the Under Secretary for Intelligence and Analysis shall take into account 

the views of the heads of the intelligence components of the Department.

INTELLIGENCE COMPONENTS

SEC. 207. [6 U.S.C. § 124d]

Subject to the direction and control of the Secretary, and consistent with any 

applicable guidance issued by the Director of National Intelligence, the 

responsibilities of the head of each intelligence component of the Department are 

as follows:

(1) To ensure that the collection, processing, analysis, and dissemination 

of information within the scope of the information sharing environment, 

including homeland security information, terrorism information, 

weapons of mass destruction information, and national intelligence (as 

defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 

[3003(5)]), are carried out effectively and efficiently in support of the 

intelligence mission of the Department, as led by the Under Secretary for 

Intelligence and Analysis.

(2) To otherwise support and implement the intelligence mission of the 

Department, as led by the Under Secretary for Intelligence and Analysis.
HOMELAND SECURITY ACT OF 2002

347

(3) To incorporate the input of the Under Secretary for Intelligence and 

Analysis with respect to performance appraisals, bonus or award 

recommendations, pay adjustments, and other forms of commendation.

(4) To coordinate with the Under Secretary for Intelligence and Analysis 

in developing policies and requirements for the recruitment and selection 

of intelligence officials of the intelligence component.

(5) To advise and coordinate with the Under Secretary for Intelligence 

and Analysis on any plan to reorganize or restructure the intelligence 

component that would, if implemented, result in realignments of 

intelligence functions.

(6) To ensure that employees of the intelligence component have 

knowledge of, and comply with, the programs and policies established by 

the Under Secretary for Intelligence and Analysis and other appropriate 

officials of the Department and that such employees comply with all 

applicable laws and regulations.

(7) To perform such other activities relating to such responsibilities as 

the Secretary may provide.

TRAINING FOR EMPLOYEES OF INTELLIGENCE COMPONENTS

SEC. 208. [6 U.S.C. § 124e]

The Secretary shall provide training and guidance for employees, officials, and 

senior executives of the intelligence components of the Department to develop 

knowledge of laws, regulations, operations, policies, procedures, and programs 

that are related to the functions of the Department relating to the collection, 

processing, analysis, and dissemination of information within the scope of the 

information sharing environment, including homeland security information, 

terrorism information, and weapons of mass destruction information, or national

intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 

U.S.C. [3003(5)]).

INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND LOCAL 

GOVERNMENT OFFICIALS

SEC. 209. [6 U.S.C. § 124f]

(a) CURRICULUM.—The Secretary, acting through the Under Secretary for 

Intelligence and Analysis, shall—

(1) develop a curriculum for training State, local, and tribal government 

officials, including law enforcement officers, intelligence analysts, and 

other emergency response providers, in the intelligence cycle and Federal 
HOMELAND SECURITY ACT OF 2002

348

laws, practices, and regulations regarding the development, handling, and 

review of intelligence and other information; and

(2) ensure that the curriculum includes executive level training for senior 

level State, local, and tribal law enforcement officers, intelligence 

analysts, and other emergency response providers.

(b) TRAINING.—To the extent possible, the Federal Law Enforcement Training 

Center and other existing Federal entities with the capacity and expertise to train 

State, local, and tribal government officials based on the curriculum developed 

under subsection (a) shall be used to carry out the training programs created 

under this section. If such entities do not have the capacity, resources, or 

capabilities to conduct such training, the Secretary may approve another entity to 

conduct such training.

(c) CONSULTATION.—In carrying out the duties described in subsection (a), the 

Under Secretary for Intelligence and Analysis shall consult with the Director of 

the Federal Law Enforcement Training Center, the Attorney General, the 

Director of National Intelligence, the Administrator of the Federal Emergency 

Management Agency, and other appropriate parties, such as private industry, 

institutions of higher education, nonprofit institutions, and other intelligence 

agencies of the Federal Government.

INFORMATION SHARING INCENTIVES

SEC. 210. [6 U.S.C. § 124g]

(a) AWARDS.—In making cash awards under chapter 45 of title 5, United States 

Code, the President or the head of an agency, in consultation with the program 

manager designated under section 1016 of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (6 U.S.C. 485), may consider the success of an employee 

in appropriately sharing information within the scope of the information sharing 

environment established under that section, including homeland security 

information, terrorism information, and weapons of mass destruction 

information, or national intelligence (as defined in section 3(5) of the National 

Security Act of 1947 (50 U.S.C. [3003(5)]), in a manner consistent with any 

policies, guidelines, procedures, instructions, or standards established by the 

President or, as appropriate, the program manager of that environment for the 

implementation and management of that environment.

(b) OTHER INCENTIVES.—The head of each department or agency described in 

section 1016(i) of the Intelligence Reform and Terrorism Prevention Act of 2004 

(6 U.S.C. 485(i)), in consultation with the program manager designated under 

section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6

U.S.C. 485), shall adopt best practices regarding effective ways to educate and 
HOMELAND SECURITY ACT OF 2002

349

motivate officers and employees of the Federal Government to participate fully 

in the information sharing environment, including—

(1) promotions and other nonmonetary awards; and

(2) publicizing information sharing accomplishments by individual 

employees and, where appropriate, the tangible end benefits that resulted.

DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL,

AND REGIONAL FUSION CENTER INITIATIVE

SEC. 210A. [6 U.S.C. § 124H]

(a) ESTABLISHMENT.—The Secretary, in consultation with the program manager 

of the information sharing environment established under section 1016 of the 

Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the 

Attorney General, the Privacy Officer of the Department, the Officer for Civil 

Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties 

Oversight Board established under section 1061 of the Intelligence Reform and 

Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a 

Department of Homeland Security State, Local, and Regional Fusion Center 

Initiative to establish partnerships with State, local, and regional fusion centers.

(b) DEPARTMENT SUPPORT AND COORDINATION.—Through the Department of 

Homeland Security State, Local, and Regional Fusion Center Initiative, and in 

coordination with the principal officials of participating State, local, or regional 

fusion centers and the officers designated as the Homeland Security Advisors of 

the States, the Secretary shall—

(1) provide operational and intelligence advice and assistance to State, 

local, and regional fusion centers;

(2) support efforts to include State, local, and regional fusion centers into 

efforts to establish an information sharing environment;

(3) conduct tabletop and live training exercises to regularly assess the 

capability of individual and regional networks of State, local, and 

regional fusion centers to integrate the efforts of such networks with the 

efforts of the Department;

(4) coordinate with other relevant Federal entities engaged in homeland 

security-related activities;

(5) provide analytic and reporting advice and assistance to State, local, 

and regional fusion centers;

(6) review information within the scope of the information sharing 

environment, including homeland security information, terrorism 

information, and weapons of mass destruction information, that is 

gathered by State, local, and regional fusion centers, and to incorporate 
HOMELAND SECURITY ACT OF 2002

350

such information, as appropriate, into the Department’s own such 

information;

(7) provide management assistance to State, local, and regional fusion 

centers;

(8) serve as a point of contact to ensure the dissemination of information 

within the scope of the information sharing environment, including 

homeland security information, terrorism information, and weapons of 

mass destruction information;

(9) facilitate close communication and coordination between State, local, 

and regional fusion centers and the Department;

(10) provide State, local, and regional fusion centers with expertise on 

Department resources and operations;

(11) provide training to State, local, and regional fusion centers and 

encourage such fusion centers to participate in terrorism threat-related 

exercises conducted by the Department; and

(12) carry out such other duties as the Secretary determines are 

appropriate.

(c) PERSONNEL ASSIGNMENT.—

(1) IN GENERAL.—The Under Secretary for Intelligence and Analysis 

shall, to the maximum extent practicable, assign officers and intelligence 

analysts from components of the Department to participating State, local, 

and regional fusion centers.

(2) PERSONNEL SOURCES.—Officers and intelligence analysts assigned 

to participating fusion centers under this subsection may be assigned 

from the following Department components, in coordination with the 

respective component head and in consultation with the principal 

officials of participating fusion centers:

(A) Office of Intelligence and Analysis.

(B) Cybersecurity and Infrastructure Security Agency.

(C) Transportation Security Administration.

(D) United States Customs and Border Protection.

(E) United States Immigration and Customs Enforcement.

(F) United States Coast Guard.

(G) Other components of the Department, as determined by the 

Secretary.

(3) QUALIFYING CRITERIA—

(A) IN GENERAL.—The Secretary shall develop qualifying 

criteria for a fusion center to participate in the assigning of 

Department officers or intelligence analysts under this section.

(B) CRITERIA.—Any criteria developed under subparagraph (A) 

may include—
HOMELAND SECURITY ACT OF 2002

351

(i) whether the fusion center, through its mission and 

governance structure, focuses on a broad 

counterterrorism approach, and whether that broad 

approach is pervasive through all levels of the 

organization;

(ii) whether the fusion center has sufficient numbers of 

adequately trained personnel to support a broad 

counterterrorism mission;

(iii) whether the fusion center has—

(I) access to relevant law enforcement, 

emergency response, private sector, open source, 

and national security data; and

(II) the ability to share and analytically utilize 

that data for lawful purposes;

(iv) whether the fusion center is adequately funded by 

the State, local, or regional government to support its 

counterterrorism mission; and

(v) the relevancy of the mission of the fusion center to 

the particular source component of Department officers 

or intelligence analysts.

(4) PREREQUISITE.—

(A) INTELLIGENCE ANALYSIS, PRIVACY, AND CIVIL LIBERTIES 

TRAINING.—Before being assigned to a fusion center under this 

section, an officer or intelligence analyst shall undergo—

(i) appropriate intelligence analysis or information 

sharing training using an intelligence-led policing 

curriculum that is consistent with—

(I) standard training and education programs 

offered to Department law enforcement and 

intelligence personnel; and

(II) the Criminal Intelligence Systems Operating 

Policies under part 23 of title 28, Code of 

Federal Regulations (or any corresponding 

similar rule or regulation);

(ii) appropriate privacy and civil liberties training that is 

developed, supported, or sponsored by the Privacy 

Officer appointed under section 222 and the Officer for 

Civil Rights and Civil Liberties of the Department, in

consultation with the Privacy and Civil Liberties 

Oversight Board established under section 1061 of the 
HOMELAND SECURITY ACT OF 2002

352

Intelligence Reform and Terrorism Prevention Act of 

2004 (5 U.S.C. 601 note); and

(iii) such other training prescribed by the Under 

Secretary for Intelligence and Analysis.

(B) PRIOR WORK EXPERIENCE IN AREA.—In determining the 

eligibility of an officer or intelligence analyst to be assigned to a 

fusion center under this section, the Under Secretary for 

Intelligence and Analysis shall consider the familiarity of the 

officer or intelligence analyst with the State, locality, or region, 

as determined by such factors as whether the officer or 

intelligence analyst—

(i) has been previously assigned in the geographic area; 

or

(ii) has previously worked with intelligence officials or 

law enforcement or other emergency response providers 

from that State, locality, or region.

(5) EXPEDITED SECURITY CLEARANCE PROCESSING.—The Under 

Secretary for Intelligence and Analysis—

(A) shall ensure that each officer or intelligence analyst assigned 

to a fusion center under this section has the appropriate security 

clearance to contribute effectively to the mission of the fusion 

center; and

(B) may request that security clearance processing be expedited 

for each such officer or intelligence analyst and may use 

available funds for such purpose.

(6) FURTHER QUALIFICATIONS.—Each officer or intelligence analyst 

assigned to a fusion center under this section shall satisfy any other 

qualifications the Under Secretary for Intelligence and Analysis may 

prescribe.

(d) RESPONSIBILITIES.—An officer or intelligence analyst assigned to a fusion 

center under this section shall—

(1) assist law enforcement agencies and other emergency response 

providers of State, local, and tribal governments and fusion center 

personnel in using information within the scope of the information 

sharing environment, including homeland security information, terrorism 

information, and weapons of mass destruction information, to develop a 

comprehensive and accurate threat picture;

(2) review homeland security-relevant information from law enforcement 

agencies and other emergency response providers of State, local, and 

tribal government;
HOMELAND SECURITY ACT OF 2002

353

(3) create intelligence and other information products derived from such 

information and other homeland security-relevant information provided 

by the Department; and

(4) assist in the dissemination of such products, as coordinated by the 

Under Secretary for Intelligence and Analysis, to law enforcement 

agencies and other emergency response providers of State, local, and 

tribal government, other fusion centers, and appropriate Federal 

agencies.

(e) BORDER INTELLIGENCE PRIORITY.—

(1) IN GENERAL.—The Secretary shall make it a priority to assign 

officers and intelligence analysts under this section from United States 

Customs and Border Protection, United States Immigration and Customs 

Enforcement, and the Coast Guard to participating State, local, and 

regional fusion centers located in jurisdictions along land or maritime 

borders of the United States in order to enhance the integrity of and 

security at such borders by helping Federal, State, local, and tribal law 

enforcement authorities to identify, investigate, and otherwise interdict 

persons, weapons, and related contraband that pose a threat to homeland 

security.

(2) BORDER INTELLIGENCE PRODUCTS.—When performing the 

responsibilities described in subsection (d), officers and intelligence 

analysts assigned to participating State, local, and regional fusion centers 

under this section shall have, as a primary responsibility, the creation of 

border intelligence products that—

(A) assist State, local, and tribal law enforcement agencies in 

deploying their resources most efficiently to help detect and 

interdict terrorists, weapons of mass destruction, and related 

contraband at land or maritime borders of the United States;

(B) promote more consistent and timely sharing of border 

security-relevant information among jurisdictions along land or 

maritime borders of the United States; and

(C) enhance the Department’s situational awareness of the threat 

of acts of terrorism at or involving the land or maritime borders 

of the United States.

(f) DATABASE ACCESS.—In order to fulfill the objectives described under 

subsection (d), each officer or intelligence analyst assigned to a fusion center 

under this section shall have appropriate access to all relevant Federal databases 

and information systems, consistent with any policies, guidelines, procedures, 

instructions, or standards established by the President or, as appropriate, the 

program manager of the information sharing environment for the implementation 

and management of that environment.
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354

(g) CONSUMER FEEDBACK.—

(1) IN GENERAL.—The Secretary shall create a voluntary mechanism for 

any State, local, or tribal law enforcement officer or other emergency 

response provider who is a consumer of the intelligence or other 

information products referred to in subsection (d) to provide feedback to 

the Department on the quality and utility of such intelligence products.

(2) REPORT.—Not later than one year after the date of the enactment of 

the Implementing Recommendations of the 9/11 Commission Act of 

2007, and annually thereafter, the Secretary shall submit to the 

Committee on Homeland Security and Governmental Affairs of the 

Senate and the Committee on Homeland Security of the House of 

Representatives a report that includes a description of the consumer 

feedback obtained under paragraph (1) and, if applicable, how the 

Department has adjusted its production of intelligence products in 

response to that consumer feedback.

(h) RULE OF CONSTRUCTION.—

(1) IN GENERAL.—The authorities granted under this section shall 

supplement the authorities granted under section 201(d) and nothing in 

this section shall be construed to abrogate the authorities granted under 

section 201(d).

(2) PARTICIPATION.—Nothing in this section shall be construed to 

require a State, local, or regional government or entity to accept the 

assignment of officers or intelligence analysts of the Department into the 

fusion center of that State, locality, or region.

(i) GUIDELINES.—The Secretary, in consultation with the Attorney General, shall 

establish guidelines for fusion centers created and operated by State and local 

governments, to include standards that any such fusion center shall—

(1) collaboratively develop a mission statement, identify expectations 

and goals, measure performance, and determine effectiveness for that 

fusion center;

(2) create a representative governance structure that includes law 

enforcement officers and other emergency response providers and, as 

appropriate, the private sector;

(3) create a collaborative environment for the sharing of intelligence and 

information among Federal, State, local, and tribal government agencies 

(including law enforcement officers and other emergency response 

providers), the private sector, and the public, consistent with any 

policies, guidelines, procedures, instructions, or standards established by 

the President or, as appropriate, the program manager of the information 

sharing environment;
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(4) leverage the databases, systems, and networks available from public 

and private sector entities, in accordance with all applicable laws, to 

maximize information sharing;

(5) develop, publish, and adhere to a privacy and civil liberties policy 

consistent with Federal, State, and local law;

(6) provide, in coordination with the Privacy Officer of the Department 

and the Officer for Civil Rights and Civil Liberties of the Department, 

appropriate privacy and civil liberties training for all State, local, tribal, 

and private sector representatives at the fusion center;

(7) ensure appropriate security measures are in place for the facility, 

data, and personnel;

(8) select and train personnel based on the needs, mission, goals, and 

functions of that fusion center;

(9) offer a variety of intelligence and information services and products 

to recipients of fusion center intelligence and information; and

(10) incorporate law enforcement officers, other emergency response 

providers, and, as appropriate, the private sector, into all relevant phases 

of the intelligence and fusion process, consistent with the mission 

statement developed under paragraph (1), either through full time 

representatives or liaison relationships with the fusion center to enable 

the receipt and sharing of information and intelligence.

(j) DEFINITIONS.—In this section—

(1) the term “fusion center” means a collaborative effort of 2 or more 

Federal, State, local, or tribal government agencies that combines 

resources, expertise, or information with the goal of maximizing the 

ability of such agencies to detect, prevent, investigate, apprehend, and 

respond to criminal or terrorist activity;

(2) the term “information sharing environment” means the information 

sharing environment established under section 1016 of the Intelligence 

Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485);

(3) the term “intelligence analyst” means an individual who regularly 

advises, administers, supervises, or performs work in the collection, 

gathering, analysis, evaluation, reporting, production, or dissemination of 

information on political, economic, social, cultural, physical, 

geographical, scientific, or military conditions, trends, or forces in 

foreign or domestic areas that directly or indirectly affect national 

security;

(4) the term “intelligence-led policing” means the collection and analysis 

of information to produce an intelligence end product designed to inform 

law enforcement decision making at the tactical and strategic levels; and
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(5) the term “terrorism information” has the meaning given that term in 

section 1016 of the Intelligence Reform and Terrorism Prevention Act of 

2004 (6 U.S.C. 485).

(k) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 

appropriated $10,000,000 for each of fiscal years 2008 through 2012, to carry out 

this section, except for subsection (i), including for hiring officers and 

intelligence analysts to replace officers and intelligence analysts who are 

assigned to fusion centers under this section.

HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM

SEC. 210B. [6 U.S.C. § 124i]

(a) ESTABLISHMENT.—

(1) IN GENERAL.—The Secretary, acting through the Under Secretary for 

Intelligence and Analysis, and in consultation with the Chief Human 

Capital Officer, shall establish a fellowship program in accordance with 

this section for the purpose of—

(A) detailing State, local, and tribal law enforcement officers and 

intelligence analysts to the Department in accordance with 

subchapter VI of chapter 33 of title 5, United States Code, to 

participate in the work of the Office of Intelligence and Analysis 

in order to become familiar with—

(i) the relevant missions and capabilities of the 

Department and other Federal agencies; and

(ii) the role, programs, products, and personnel of the 

Office of Intelligence and Analysis; and

(B) promoting information sharing between the Department and 

State, local, and tribal law enforcement officers and intelligence 

analysts by assigning such officers and analysts to—

(i) serve as a point of contact in the Department to assist 

in the representation of State, local, and tribal 

information requirements;

(ii) identify information within the scope of the 

information sharing environment, including homeland 

security information, terrorism information, and 

weapons of mass destruction information, that is of 

interest to State, local, and tribal law enforcement 

officers, intelligence analysts, and other emergency 

response providers;

(iii) assist Department analysts in preparing and 

disseminating products derived from information within 
HOMELAND SECURITY ACT OF 2002

357

the scope of the information sharing environment, 

including homeland security information, terrorism 

information, and weapons of mass destruction 

information, that are tailored to State, local, and tribal 

law enforcement officers and intelligence analysts and 

designed to prepare for and thwart acts of terrorism; and

(iv) assist Department analysts in preparing products 

derived from information within the scope of the 

information sharing environment, including homeland 

security information, terrorism information, and 

weapons of mass destruction information, that are 

tailored to State, local, and tribal emergency response 

providers and assist in the dissemination of such 

products through appropriate Department channels.

(2) PROGRAM NAME.—The program under this section shall be known as 

the “Homeland Security Information Sharing Fellows Program.”

(b) ELIGIBILITY.—

(1) IN GENERAL.—In order to be eligible for selection as an Information 

Sharing Fellow under the program under this section, an individual 

shall—

(A) have homeland security-related responsibilities;

(B) be eligible for an appropriate security clearance;

(C) possess a valid need for access to classified information, as 

determined by the Under Secretary for Intelligence and Analysis;

(D) be an employee of an eligible entity; and

(E) have undergone appropriate privacy and civil liberties 

training that is developed, supported, or sponsored by the 

Privacy Officer and the Officer for Civil Rights and Civil 

Liberties, in consultation with the Privacy and Civil Liberties 

Oversight Board established under section 1061 of the 

Intelligence Reform and Terrorism Prevention Act of 2004 (5 

U.S.C. 601 note).

(2) ELIGIBLE ENTITIES.—In this subsection, the term “eligible entity”

means—

(A) a State, local, or regional fusion center;

(B) a State or local law enforcement or other government entity 

that serves a major metropolitan area, suburban area, or rural 

area, as determined by the Secretary;

(C) a State or local law enforcement or other government entity 

with port, border, or agricultural responsibilities, as determined 

by the Secretary;
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358

(D) a tribal law enforcement or other authority; or

(E) such other entity as the Secretary determines is appropriate.

(c) OPTIONAL PARTICIPATION.—No State, local, or tribal law enforcement or 

other government entity shall be required to participate in the Homeland Security 

Information Sharing Fellows Program.

(d) PROCEDURES FOR NOMINATION AND SELECTION.—

(1) IN GENERAL.—The Under Secretary for Intelligence and Analysis 

shall establish procedures to provide for the nomination and selection of 

individuals to participate in the Homeland Security Information Sharing 

Fellows Program.

(2) LIMITATIONS.—The Under Secretary for Intelligence and Analysis 

shall—

(A) select law enforcement officers and intelligence analysts 

representing a broad cross-section of State, local, and tribal 

agencies; and

(B) ensure that the number of Information Sharing Fellows 

selected does not impede the activities of the Office of 

Intelligence and Analysis.

CLASSIFIED INFORMATION ADVISORY OFFICER

SEC. 210E. [6 U.S.C. § 124m]

(a) REQUIREMENT TO ESTABLISH.—The Secretary shall identify and designate 

within the Department a Classified Information Advisory Officer, as described in 

this section.

(b) RESPONSIBILITIES.—The responsibilities of the Classified Information 

Advisory Officer shall be as follows:

(1) To develop and disseminate educational materials and to develop and 

administer training programs to assist state, local, and tribal governments 

(including state, local, and tribal law enforcement agencies) and private 

sector entities—

(A) in developing plans and policies to respond to requests 

related to classified information without communicating such 

information to individuals who lack appropriate security 

clearances;

(B) regarding the appropriate procedures for challenging 

classification designations of information received by personnel 

of such entities; and

(C) on the means by which such personnel may apply for 

security clearances.
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(2) To inform the Under Secretary for Intelligence and Analysis on 

policies and procedures that could facilitate the sharing of classified 

information with such personnel, as appropriate.

(c) INITIAL DESIGNATION.—Not later than 90 days after the date of the 

enactment of the Reducing Over–Classification Act, the Secretary shall—

(1) designate the initial Classified Information Advisory Officer; and

(2) submit to the Committee on Homeland Security and Governmental 

Affairs of the Senate and the Committee on Homeland Security of the 

House of Representatives a written notification of the designation.

TITLE V—NATIONAL EMERGENCY MANAGEMENT

NATIONAL OPERATIONS CENTER

SEC. 515. [6 U.S.C. § 321d]

(a) DEFINITION.—In this section, the term “situational awareness” means 

information gathered from a variety of sources that, when communicated to 

emergency managers, decision makers, and other appropriate officials, can form 

the basis for incident management decisionmaking and steady-state activity.

(b) ESTABLISHMENT.—The National Operations Center is the principal 

operations center for the Department and shall—

(1) provide situational awareness and a common operating picture for the 

entire Federal Government, and for State, local, tribal, and territorial 

governments, the private sector, and international partners as appropriate, 

for events, threats, and incidents involving a natural disaster, act of 

terrorism, or other man-made disaster;

(2) ensure that critical terrorism and disaster-related information reaches 

government decision-makers; and

(3) enter into agreements with other Federal operations centers and other 

homeland security partners, as appropriate, to facilitate the sharing of 

information.

(c) STATE AND LOCAL EMERGENCY RESPONDER REPRESENTATION.—

(1) ESTABLISHMENT OF POSITIONS.—The Secretary shall establish a 

position, on a rotating basis, for a representative of State and local 

emergency responders at the National Operations Center established 

under subsection (b) to ensure the effective sharing of information

between the Federal Government and State and local emergency 

response services.

(2) MANAGEMENT.—The Secretary shall manage the position established 

pursuant to paragraph (1) in accordance with such rules, regulations, and 
HOMELAND SECURITY ACT OF 2002

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practices as govern other similar rotating positions at the National 

Operations Center.

TITLE VIII–COORDINATION WITH NON-FEDERAL ENTITIES; 

INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; 

COAST GUARD; GENERAL PROVISIONS

SUBTITLE A—COORDINATION WITH NON-FEDERAL ENTITIES

OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION

SEC. 801. [6 U.S.C. § 361]

(a) ESTABLISHMENT.—There is established within the Office of the Secretary the 

Office for State and Local Government Coordination, to oversee and coordinate 

departmental programs for and relationships with State and local governments.

(b) RESPONSIBILITIES.—The Office established under subsection (a) shall—

(1) coordinate the activities of the Department relating to State and local 

government; 

(2) assess, and advocate for, the resources needed by State and local 

government to implement the national strategy for combating terrorism; 

(3) provide State and local government with regular information, 

research, and technical support to assist local efforts at securing the 

homeland; and 

(4) develop a process for receiving meaningful input from State and local 

government to assist the development of the national strategy for 

combating terrorism and other homeland security activities. 

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 Security 

Information Sharing Act”.

(b) FINDINGS.—Congress finds the following:

(1) The Federal Government is required by the Constitution to provide 

for the common defense, which includes terrorist attack.

(2) The Federal Government relies on State and local personnel to 

protect against terrorist attack.
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(3) The Federal Government collects, creates, manages, and protects 

classified and sensitive but unclassified information to enhance 

homeland security.

(4) Some homeland security information is needed by the State and local 

personnel to prevent and prepare for terrorist attack.

(5) The needs of State and local personnel to have access to relevant 

homeland security information to combat terrorism must be reconciled 

with the need to preserve the protected status of such information and to 

protect the sources and methods used to acquire such information.

(6) Granting security clearances to certain State and local personnel is 

one way to facilitate the sharing of information regarding specific 

terrorist threats among Federal, State, and local levels of government.

(7) Methods exist to declassify, redact, or otherwise adapt classified 

information so it may be shared with State and local personnel without 

the need for granting additional security clearances.

(8) State and local personnel have capabilities and opportunities to gather 

information on suspicious activities and terrorist threats not possessed by 

Federal agencies.

(9) The Federal Government and State and local governments and 

agencies in other jurisdictions may benefit from such information.

(10) Federal, State, and local governments and intelligence, law 

enforcement, and other emergency preparation and response agencies 

must act in partnership to maximize the benefits of information gathering 

and analysis to prevent and respond to terrorist attacks.

(11) Information systems, including the National Law Enforcement 

Telecommunications System and the Terrorist Threat Warning System, 

have been established for rapid sharing of classified and sensitive but 

unclassified information among Federal, State, and local entities.

(12) Increased efforts to share homeland security information should 

avoid duplicating existing information systems.

(c) SENSE OF CONGRESS.—It is the sense of Congress that Federal, State, and 

local entities should share homeland security information to the maximum extent 

practicable, with special emphasis on hard-to-reach urban and rural communities.

FACILITATING HOMELAND SECURITY INFORMATION SHARING PROCEDURES

SEC. 892. [6 U.S.C. § 482] 

(a) PROCEDURES FOR DETERMINING EXTENT OF SHARING OF HOMELAND 

SECURITY INFORMATION.—

(1) The President shall prescribe and implement procedures under which 

relevant Federal agencies—
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362

(A) share relevant and appropriate homeland security 

information with other Federal agencies, including the 

Department, and appropriate State and local personnel;

(B) identify and safeguard homeland security information that is 

sensitive but unclassified; and

(C) to the extent such information is in classified form, 

determine whether, how, and to what extent to remove classified 

information, as appropriate, and with which such personnel it 

may be shared after such information is removed.

(2) The President shall ensure that such procedures apply to all agencies 

of the Federal Government.

(3) Such procedures shall not change the substantive requirements for the 

classification and safeguarding of classified information.

(4) Such procedures shall not change the requirements and authorities to 

protect sources and methods.

(b) PROCEDURES FOR SHARING OF HOMELAND SECURITY INFORMATION.—

(1) Under procedures prescribed by the President, all appropriate 

agencies, including the intelligence community, shall, through 

information sharing systems, share homeland security information with 

Federal agencies and appropriate State and local personnel to the extent 

such information may be shared, as determined in accordance with 

subsection(a), together with assessments of the credibility of such 

information.

(2) Each information sharing system through which information is shared 

under paragraph(1) shall—

(A) have the capability to transmit unclassified or classified 

information, though the procedures and recipients for each 

capability may differ;

(B) have the capability to restrict delivery of information to 

specified subgroups by geographic location, type of 

organization, position of a recipient within an organization, or a 

recipient’s need to know such information;

(C) be configured to allow the efficient and effective sharing of 

information; and

(D) be accessible to appropriate State and local personnel.

(3) The procedures prescribed under paragraph(1) shall establish 

conditions on the use of information shared under paragraph(1)—

(A) to limit the redissemination of such information to ensure 

that such information is not used for an unauthorized purpose;

(B) to ensure the security and confidentiality of such 

information;
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(C) to protect the constitutional and statutory rights of any 

individuals who are subjects of such information; and

(D) to provide data integrity through the timely removal and 

destruction of obsolete or erroneous names and information.

(4) The procedures prescribed under paragraph(1) shall ensure, to the 

greatest extent practicable, that the information sharing system through 

which information is shared under such paragraph include existing 

information sharing systems, including, but not limited to, the National 

Law Enforcement Telecommunications System, the Regional 

Information Sharing System, and the Terrorist Threat Warning System of 

the Federal Bureau of Investigation.

(5) Each appropriate Federal agency, as determined by the President, 

shall have access to each information sharing system through which 

information is shared under paragraph(1), and shall therefore have access 

to all information, as appropriate, shared under such paragraph.

(6) The procedures prescribed under paragraph(1) shall ensure that 

appropriate State and local personnel are authorized to use such 

information sharing systems—

(A) to access information shared with such personnel; and

(B) to share, with others who have access to such information 

sharing systems, the homeland security information of their own 

jurisdictions, which shall be marked appropriately as pertaining 

to potential terrorist activity.

(7) Under procedures prescribed jointly by the Director of Central 

Intelligence and the Attorney General, each appropriate Federal agency, 

as determined by the President, shall review and assess the information 

shared under paragraph(6) and integrate such information with existing 

intelligence.

(c) SHARING OF CLASSIFIED INFORMATION AND SENSITIVE BUT UNCLASSIFIED 

INFORMATION WITH STATE AND LOCAL PERSONNEL.—

(1) The President shall prescribe procedures under which Federal 

agencies may, to the extent the President considers necessary, share with 

appropriate State and local personnel homeland security information that 

remains classified or otherwise protected after the determinations 

prescribed under the procedures set forth in subsection(a).

(2) It is the sense of Congress that such procedures may include 1 or 

more of the following means:

(A) Carrying out security clearance investigations with respect to 

appropriate State and local personnel.
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(B) With respect to information that is sensitive but unclassified, 

entering into nondisclosure agreements with appropriate State 

and local personnel.

(C) Increased use of information-sharing partnerships that 

include appropriate State and local personnel, such as the Joint 

Terrorism Task Forces of the Federal Bureau of Investigation, 

the Anti-Terrorism Task Forces of the Department of Justice, 

and regional Terrorism Early Warning Groups.

(3)(A) The Secretary shall establish a program to provide appropriate 

training to officials described in subparagraph(B) in order to assist such 

officials in—

(i) identifying sources of potential terrorist threats 

through such methods as the Secretary determines 

appropriate;

(ii) reporting information relating to such potential 

terrorist threats to the appropriate Federal agencies in the 

appropriate form and manner;

(iii) assuring that all reported information is 

systematically submitted to and passed on by the 

Department for use by appropriate Federal agencies; and

(iv) understanding the mission and roles of the 

intelligence community to promote more effective 

information sharing among Federal, State, and local 

officials and representatives of the private sector to 

prevent terrorist attacks against the United States.

(B) The officials referred to in subparagraph (A) are officials of 

State and local government agencies and representatives of 

private sector entities with responsibilities relating to the 

oversight and management of first responders, counterterrorism 

activities, or critical infrastructure.

(C) The Secretary shall consult with the Attorney General to 

ensure that the training program established in subparagraph (A) 

does not duplicate the training program established in section 

908 of the USA PATRIOT Act (Public Law 107-56; 28 U.S.C. 

509 note).

(D) The Secretary shall carry out this paragraph in consultation 

with the Director of Central Intelligence and the Attorney 

General.

(d) RESPONSIBLE OFFICIALS.—For each affected Federal agency, the head of 

such agency shall designate an official to administer this Act with respect to such 

agency.
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(e) FEDERAL CONTROL OF INFORMATION.—Under procedures prescribed under 

this section, information obtained by a State or local government from a Federal 

agency under this section shall remain under the control of the Federal agency, 

and a State or local law authorizing or requiring such a government to disclose 

information shall not apply to such information.

(f) DEFINITIONS.—As used in this section:

(1) The term “homeland security information” means any information 

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 disrupt terrorist 

activity;

(C) would improve the identification or investigation of a 

suspected terrorist or terrorist organization; or

(D) would improve the response to a terrorist act.

(2) The term “intelligence community” has the meaning given such term 

in section 3(4) of the National Security Act of 1947(50 U.S.C.

[3003(4)]).

(3) The term “State and local personnel” means any of the following 

persons involved in prevention, preparation, or response for terrorist 

attack:

(A) State Governors, mayors, and other locally elected officials.

(B) State and local law enforcement personnel and firefighters.

(C) Public health and medical professionals.

(D) Regional, State, and local emergency management agency 

personnel, including State adjutant generals.

(E) Other appropriate emergency response agency personnel.

(F) Employees of private-sector entities that affect critical 

infrastructure, cyber, economic, or public health security, as 

designated by the Federal Government in procedures developed 

pursuant to this section.

(4) The term “State” includes the District of Columbia and any 

commonwealth, territory, or possession of the United States.

(g) CONSTRUCTION.—Nothing in this Act shall be construed as authorizing any 

department, bureau, agency, officer, or employee of the Federal Government to 

request, receive, or transmit to any other Government entity or personnel, or 

transmit to any State or local entity or personnel otherwise authorized by this Act 

to receive homeland security information, any information collected by the 

Federal Government solely for statistical purposes in violation of any other 

provision of law relating to the confidentiality of such information.
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366

REPORT

SEC. 893. [6 U.S.C. § 483]

(a) REPORT REQUIRED.—Not later than 12 months after the date of the enactment 

of this Act, the President shall submit to the congressional committees specified 

in subsection(b) a report on the implementation of section 892. The report shall 

include any recommendations for additional measures or appropriation requests, 

beyond the requirements of section 892, to increase the effectiveness of sharing 

of information between and among Federal, State, and local entities.

(b) SPECIFIED CONGRESSIONAL COMMITTEES.—The congressional committees 

referred to in subsection(a) are the following committees:

(1) The Permanent Select Committee on Intelligence and the Committee 

on the Judiciary of the House of Representatives.

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

Judiciary of the Senate.

AUTHORIZATION OF APPROPRIATIONS

SEC. 894. [6 U.S.C. § 484] 

There are authorized to be appropriated such sums as may be necessary to carry 

out section 892.

TITLE XXII—CYBERSECURITY AND INFRASTRUCTURE 

SECURITY AGENCY

SUBTITLE A – CYBERSECURITY AND INFRASTRUCTURE SECURITY

NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION CENTER

SEC. 2209. [6 U.S.C. § 659]

(a) DEFINITIONS.—In this section—

(1) the term ‘‘cybersecurity risk’’—

(A) means threats to and vulnerabilities of information or 

information systems and any related consequences caused by or 

resulting from unauthorized access, use, disclosure, degradation, 

disruption, modification, or destruction of such information or 

information systems, including such related consequences 

caused by an act of terrorism; and

(B) does not include any action that solely involves a violation of 

a consumer term of service or a consumer licensing agreement;
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367

(2) the terms ‘‘cyber threat indicator’’ and ‘‘defensive measure’’ have 

the meanings given those terms in section 102 of the Cybersecurity Act 

of 2015;

(3) the term ‘‘incident’’ means an occurrence that actually or imminently 

jeopardizes, without lawful authority, the integrity, confidentiality, or 

availability of information on an information system, or actually or 

imminently jeopardizes, without lawful authority, an information system;

(4) the term ‘‘information sharing and analysis organization’’ has the 

meaning given that term in section 2222(5);

(5) the term ‘‘information system’’ has the meaning given that term in 

section 3502(8) of title 44, United States Code; and

(6) the term ‘‘sharing’’ (including all conjugations thereof) means 

providing, receiving, and disseminating (including all conjugations of 

each of such terms).

(b) CENTER.—There is in the Department a national cybersecurity and 

communications integration center (referred to in this section as the ‘‘Center’’) to 

carry out certain responsibilities of the Director. The Center shall be located in 

the Cybersecurity and Infrastructure Security Agency. The head of the Center 

shall report to the Assistant Director for Cybersecurity.

(c) FUNCTIONS.—The cybersecurity functions of the Center shall include—

(1) being a Federal civilian interface for the multi-directional and crosssector sharing of information related to cyber threat indicators, defensive 

measures, cybersecurity risks, incidents, analysis, and warnings for 

Federal and non-Federal entities, including the implementation of title I 

of the Cybersecurity Act of 2015;

(2) providing shared situational awareness to enable real time, integrated, 

and operational actions across the Federal Government and non-Federal 

entities to address cybersecurity risks and incidents to Federal and nonFederal entities;

(3) coordinating the sharing of information related to cyber threat 

indicators, defensive measures, cybersecurity risks, and incidents across 

the Federal Government;

(4) facilitating cross-sector coordination to address cybersecurity risks 

and incidents, including cybersecurity risks and incidents that may be 

related or could have consequential impacts across multiple sectors;

(5)(A) conducting integration and analysis, including cross sector 

integration and analysis, of cyber threat indicators, defensive measures, 

cybersecurity risks, and incidents; and

(B) sharing the analysis conducted under subparagraph (A) with 

Federal and non-Federal entities;
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368

(6) upon request, providing timely technical assistance, risk management 

support, and incident response capabilities to Federal and non-Federal 

entities with respect to cyber threat indicators, defensive measures, 

cybersecurity risks, and incidents, which may include attribution, 

mitigation, and remediation;

(7) providing information and recommendations on security and 

resilience measures to Federal and non-Federal entities, including 

information and recommendations to—

(A) facilitate information security;

(B) strengthen information systems against cybersecurity risks 

and incidents; and

(C) sharing cyber threat indicators and defensive measures;

(8) engaging with international partners, in consultation with other 

appropriate agencies, to—

(A) collaborate on cyber threat indicators, defensive measures, 

and information related to cybersecurity risks and incidents; and

(B) enhance the security and resilience of global cybersecurity;

(9) sharing cyber threat indicators, defensive measures, and other 

information related to cybersecurity risks and incidents with Federal and 

non-Federal entities, including across sectors of critical infrastructure 

and with State and major urban area fusion centers, as appropriate;

(10) participating, as appropriate, in national exercises run by the 

Department; and

(11) in coordination with the Emergency Communications Division of 

the Department, assessing and evaluating consequence, vulnerability, and 

threat information regarding cyber incidents to public safety 

communications to help facilitate continuous improvements to the 

security and resiliency of such communications.

(d) COMPOSITION.—

(1) IN GENERAL.—The Center shall be composed of—

(A) appropriate representatives of Federal entities, such as—

(i) sector-specific agencies;

(ii) civilian and law enforcement agencies; and

(iii) elements of the intelligence community, as that term 

is defined under section 3(4) of the National Security 

Act of 1947 (50 U.S.C. [3003(4)]);

(B) appropriate representatives of non-Federal entities, such as—

(i) State, local, and tribal governments;

(ii) information sharing and analysis organizations, 

including information sharing and analysis centers;
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369

(iii) owners and operators of critical information 

systems; and

(iv) private entities;

(C) components within the Center that carry out cybersecurity 

and communications activities;

(D) a designated Federal official for operational coordination 

with and across each sector;

(E) an entity that collaborates with State and local governments 

on cybersecurity risks and incidents, and has entered into a 

voluntary information sharing relationship with the Center; and

(F) other appropriate representatives or entities, as determined by 

the Secretary.

(2) INCIDENTS.—In the event of an incident, during exigent 

circumstances the Secretary may grant a Federal or non-Federal entity 

immediate temporary access to the Center.

(e) PRINCIPLES.—In carrying out the functions under subsection (c), the Center 

shall ensure—

(1) to the extent practicable, that—

(A) timely, actionable, and relevant cyber threat indicators, 

defensive measures, and information related to cybersecurity 

risks, incidents, and analysis is shared;

(B) when appropriate, cyber threat indicators, defensive 

measures, and information related to cybersecurity risks, 

incidents, and analysis is integrated with other relevant

information and tailored to the specific characteristics of a 

sector;

(C) activities are prioritized and conducted based on the level of 

risk;

(D) industry sector-specific, academic, and national laboratory 

expertise is sought and receives appropriate consideration;

(E) continuous, collaborative, and inclusive coordination 

occurs—

(i) across sectors; and

(ii) with—

(I) sector coordinating councils;

(II) information sharing and analysis 

organizations;

and

(III) other appropriate non-Federal partners;

(F) as appropriate, the Center works to develop and use 

mechanisms for sharing information related to cyber threat 
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370

indicators, defensive measures, cybersecurity risks, and incidents 

that are technology-neutral, interoperable, real-time, costeffective, and resilient;

(G) the Center works with other agencies to reduce unnecessarily 

duplicative sharing of information related to cyber threat 

indicators, defensive measures, cybersecurity risks, and 

incidents; and; 

(H) the Center designates an agency contact for non-Federal 

entities;

(2) that information related to cyber threat indicators, defensive 

measures, cybersecurity risks, and incidents is appropriately safeguarded 

against unauthorized access or disclosure; and

(3) that activities conducted by the Center comply with all policies, 

regulations, and laws that protect the privacy and civil liberties of United 

States persons, including by working with the Privacy Officer appointed 

under section 222 to ensure that the Center follows the policies and 

procedures specified in subsections (b) and (d)(5)(C) of section 105 of 

the Cybersecurity Act of 2015.

(f) NO RIGHT OR BENEFIT.—

(1) IN GENERAL.—The provision of assistance or information to, and 

inclusion in the Center of, governmental or private entities under this 

section shall be at the sole and unreviewable discretion of the Director.

(2) CERTAIN ASSISTANCE OR INFORMATION.—The provision of certain 

assistance or information to, or inclusion in the Center of, one 

governmental or private entity pursuant to this section shall not create a 

right or benefit, substantive or procedural, to similar assistance or 

information for any other governmental or private entity.

(g) AUTOMATED INFORMATION SHARING.—

(1) IN GENERAL.—The Director, in coordination with industry and other 

stakeholders, shall develop capabilities making use of existing 

information technology industry standards and best practices, as 

appropriate, that support and rapidly advance the development, adoption, 

and implementation of automated mechanisms for the sharing of cyber 

threat indicators and defensive measures in accordance with title I of the 

Cybersecurity Act of 2015.

(2) ANNUAL REPORT.—The Director shall submit to the Committee on 

Homeland Security and Governmental Affairs of the Senate and the 

Committee on Homeland Security of the House of Representatives an 

annual report on the status and progress of the development of the 

capabilities described in paragraph (1). Such reports shall be required 

until such capabilities are fully implemented.
HOMELAND SECURITY ACT OF 2002

371

(h) VOLUNTARY INFORMATION SHARING PROCEDURES.—

(1) PROCEDURES.—

(A) IN GENERAL.—The Center may enter into a voluntary 

information sharing relationship with any consenting nonFederal entity for the sharing of cyber threat poses in accordance 

with this section. Nothing in this subsection may be construed to 

require any non-Federal entity to enter into any such information 

sharing relationship with the Center or any other entity. The 

Center may terminate a voluntary information sharing 

relationship under this subsection, at the sole and unreviewable 

discretion of the Secretary, acting through the Director, for any 

reason, including if the Center determines that the non-Federal 

entity with which the Center has entered into such a relationship 

has violated the terms of this subsection.

(B) NATIONAL SECURITY.—The Secretary may decline to enter 

into a voluntary information sharing relationship under this 

subsection, at the sole and unreviewable discretion of the 

Secretary, acting through the Director, for any reason, including 

if the Secretary determines that such is appropriate for national 

security.

(2) VOLUNTARY INFORMATION SHARING RELATIONSHIPS.—A voluntary 

information sharing relationship under this subsection may be 

characterized as an agreement described in this

paragraph.

(A) STANDARD AGREEMENT.—For the use of a non-Federal 

entity, the Center shall make available a standard agreement, 

consistent with this section, on the Department’s

website.

(B) NEGOTIATED AGREEMENT.—At the request of a non-Federal 

entity, and if determined appropriate by the Center, at the sole 

and unreviewable discretion of the Secretary, acting through the 

Director, the Department shall negotiate a non-standard 

agreement, consistent with this section.

(C) EXISTING AGREEMENTS.—An agreement between the Center 

and a non-Federal entity that is entered into before the date of 

enactment of this subsection, or such an agreement that is in 

effect before such date, shall be deemed in compliance with the 

requirements of this subsection, notwithstanding any other 

provision or requirements of this subsection. An agreement 

under this subsection shall include the relevant privacy 

protections as in effect under the Cooperative Research and 
HOMELAND SECURITY ACT OF 2002

372

Development Agreement for Cybersecurity Information Sharing 

and Collaboration, as of December 31, 2014. Nothing in this 

subsection may be construed to require a non-Federal entity to 

enter into either a standard or negotiated agreement to be in 

compliance with this subsection.

(i) DIRECT REPORTING.—The Secretary shall develop policies and procedures for 

direct reporting to the Secretary by the Director of the Center regarding 

significant cybersecurity risks and incidents.

(j) REPORTS ON INTERNATIONAL COOPERATION.—Not later than 180 days after 

the date of enactment of this subsection, and periodically thereafter, the Secretary 

of Homeland Security shall submit to the Committee on Homeland Security and 

Governmental Affairs of the Senate and the Committee on Homeland Security of 

the House of Representatives a report on the range of efforts underway to bolster 

cybersecurity collaboration with relevant international partners in accordance 

with subsection (c)(8).

(k) OUTREACH.—Not later than 60 days after the date of enactment of this 

subsection, the Secretary, acting through the Director, shall—

(1) disseminate to the public information about how to voluntarily share 

cyber threat indicators and defensive measures with the Center; and

(2) enhance outreach to critical infrastructure owners and operators for 

purposes of such sharing.

(l) CYBERSECURITY OUTREACH.—

(1) IN GENERAL.—The Secretary may leverage small business 

development centers to provide assistance to small business concerns by 

disseminating information on cyber threat indicators, defense measures, 

cybersecurity risks, incidents, analyses, and warnings to help small 

business concerns in developing or enhancing cybersecurity 

infrastructure, awareness of cyber threat indicators, and cyber training 

programs for employees.

(2) DEFINITIONS.—For purposes of this subsection, the terms “small 

business concern” and “small business development center” have the 

meaning given such terms, respectively, under section 3 of the Small 

Business Act.

(m) COORDINATED VULNERABILITY DISCLOSURE.—The Secretary, in 

coordination with industry and other stakeholders, may develop and adhere to 

Department policies and procedures for coordinating vulnerability disclosures. 

CYBERSECURITY PLANS

SEC. 2210. [6 U.S.C. § 660]

(a) DEFINITIONS.—In this section—
HOMELAND SECURITY ACT OF 2002

373

(1) the term “agency information system” means an information system 

used or operated by an agency or by another entity on behalf of an 

agency;

(2) the terms “cybersecurity risk” and “information system” have the 

meanings given those terms in section 2209;

(3) the term “intelligence community” has the meaning given the term in 

section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)); 

and

(4) the term “national security system” has the meaning given the term in 

section 11103 of title 40, United States Code.

(b) INTRUSION ASSESSMENT PLAN.—

(1) REQUIREMENT.—The Secretary, in coordination with the Director of 

the Office of Management and Budget, shall—

(A) develop and implement an intrusion assessment plan to 

proactively detect, identify, and remove intruders in agency 

information systems on a routine basis; and

(B) update such plan as necessary.

(2) EXCEPTION.—The intrusion assessment plan required under 

paragraph (1) shall not apply to the Department of Defense, a national 

security system, or an element of the intelligence community.

(c) CYBER INCIDENT RESPONSE PLAN.—The Under Secretary appointed under 

section 103(a)(1)(H) shall, in coordination with appropriate Federal departments 

and agencies, State and local governments, sector coordinating councils, 

information sharing and analysis organizations (as defined in section 2222(5)), 

owners and operators of critical infrastructure, and other appropriate entities and 

individuals, develop, regularly update, maintain, and exercise adaptable cyber 

incident response plans to address cybersecurity risks (as defined in section 

2209) to critical infrastructure.

(d) NATIONAL RESPONSE FRAMEWORK.—The Secretary, in coordination with 

the heads of other appropriate Federal departments and agencies, and in 

accordance with the National Cybersecurity Incident Response Plan required 

under subsection (c), shall regularly update, maintain, and exercise the Cyber 

Incident Annex to the National Response Framework of the Department.

CLEARANCES

SEC. 2212. [6 U.S.C. § 662]

The Secretary shall make available the process of application for security 

clearances under Executive Order 13549 (75 Fed. Reg. 162; relating to a 

classified national security information program) or any successor Executive 

Order to appropriate representatives of sector coordinating councils, sector 
HOMELAND SECURITY ACT OF 2002

374

information sharing and analysis organizations (as defined in section 2222(5)), 

owners and operators of critical infrastructure, and any other person that the 

Secretary determines appropriate.

NATIONAL ASSET DATABASE

SEC. 2214. [6 U.S.C. § 664]

(a) ESTABLISHMENT.—

(1) NATIONAL ASSET DATABASE.—The Secretary shall establish and 

maintain a national database of each system or asset that—

(A) the Secretary, in consultation with appropriate homeland 

security officials of the States, determines to be vital and the 

loss, interruption, incapacity, or destruction of which would have 

a negative or debilitating effect on the economic security, public 

health, or safety of the United States, any State, or any local 

government; or

(B) the Secretary determines is appropriate for inclusion in the 

database.

(2) PRIORITIZED CRITICAL INFRASTRUCTURE LIST.—In accordance with 

Homeland Security Presidential Directive-7, as in effect on January 1, 

2007, the Secretary shall establish and maintain a single classified 

prioritized list of systems and assets included in the database under 

paragraph (1) that the Secretary determines would, if destroyed or 

disrupted, cause national or regional catastrophic effects.

(b) USE OF DATABASE.—The Secretary shall use the database established under 

subsection (a)(1) in the development and implementation of Department plans 

and programs as appropriate.

(c) MAINTENANCE OF DATABASE.—

(1) IN GENERAL.—The Secretary shall maintain and annually update the 

database established under subsection (a)(1) and the list established 

under subsection (a)(2), including—

(A) establishing data collection guidelines and providing such 

guidelines to the appropriate homeland security official of each 

State;

(B) regularly reviewing the guidelines established under 

subparagraph (A), including by consulting with the appropriate 

homeland security officials of States, to solicit feedback about 

the guidelines, as appropriate;

(C) after providing the homeland security official of a State with 

the guidelines under subparagraph (A), allowing the official a 

reasonable amount of time to submit to the Secretary any data 
HOMELAND SECURITY ACT OF 2002

375

submissions recommended by the official for inclusion in the 

database established under subsection (a)(1);

(D) examining the contents and identifying any submissions 

made by such an official that are described incorrectly or that do 

not meet the guidelines established under subparagraph (A); and

(E) providing to the appropriate homeland security official of 

each relevant State a list of submissions identified under 

subparagraph (D) for review and possible correction before the 

Secretary finalizes the decision of which submissions will be 

included in the database established under subsection (a)(1).

(2) ORGANIZATION OF INFORMATION IN DATABASE.—The Secretary 

shall organize the contents of the database established under subsection 

(a)(1) and the list established under subsection (a)(2) as the Secretary 

determines is appropriate. Any organizational structure of such contents 

shall include the categorization of the contents—

(A) according to the sectors listed in National Infrastructure 

Protection Plan developed pursuant to Homeland Security 

Presidential Directive-7; and

(B) by the State and county of their location.

(3) PRIVATE SECTOR INTEGRATION.—The Secretary shall identify and 

evaluate methods, including the Department’s Protected Critical 

Infrastructure Information Program, to acquire relevant private sector 

information for the purpose of using that information to generate any 

database or list, including the database established under subsection 

(a)(1) and the list established under subsection (a)(2).

(4) RETENTION OF CLASSIFICATION.—The classification of information 

required to be provided to Congress, the Department, or any other 

department or agency under this section by a sector-specific agency, 

including the assignment of a level of classification of such information, 

shall be binding on Congress, the Department, and that other Federal 

agency.

(d) REPORTS.—

(1) REPORT REQUIRED.—Not later than 180 days after the date of the 

enactment of the Implementing Recommendations of the 9/11 

Commission Act of 2007, and annually thereafter, the Secretary shall 

submit to the Committee on Homeland Security and Governmental 

Affairs of the Senate and the Committee on Homeland Security of the 

House of Representatives a report on the database established under 

subsection (a)(1) and the list established under subsection (a)(2).

(2) CONTENTS OF REPORT.—Each such report shall include the 

following:
HOMELAND SECURITY ACT OF 2002

376

(A) The name, location, and sector classification of each of the 

systems and assets on the list established under subsection (a)(2).

(B) The name, location, and sector classification of each of the 

systems and assets on such list that are determined by the 

Secretary to be most at risk to terrorism.

(C) Any significant challenges in compiling the list of the 

systems and assets included on such list or in the database 

established under subsection (a)(1).

(D) Any significant changes from the preceding report in the 

systems and assets included on such list or in such database.

(E) If appropriate, the extent to which such database and such list 

have been used, individually or jointly, for allocating funds by 

the Federal Government to prevent, reduce, mitigate, or respond 

to acts of terrorism.

(F) The amount of coordination between the Department and the 

private sector, through any entity of the Department that meets 

with representatives of private sector industries for purposes of 

such coordination, for the purpose of ensuring the accuracy of 

such database and such list.

(G) Any other information the Secretary deems relevant.

(3) CLASSIFIED INFORMATION.—The report shall be submitted in 

unclassified form but may contain a classified annex.

(e) INSPECTOR GENERAL STUDY.—By not later than two years after the date of 

enactment of the Implementing Recommendations of the 9/11 Commission Act 

of 2007, the Inspector General of the Department shall conduct a study of the 

implementation of this section.

(f) NATIONAL INFRASTRUCTURE PROTECTION CONSORTIUM.—The Secretary 

may establish a consortium to be known as the “National Infrastructure 

Protection Consortium”. The Consortium may advise the Secretary on the best 

way to identify, generate, organize, and maintain any database or list of systems 

and assets established by the Secretary, including the database established under 

subsection (a)(1) and the list established under subsection (a)(2). If the Secretary 

establishes the National Infrastructure Protection Consortium, the Consortium 

may—

(1) be composed of national laboratories, Federal agencies, State and 

local homeland security organizations, academic institutions, or national 

Centers of Excellence that have demonstrated experience working with 

and identifying critical infrastructure and key resources; and

(2) provide input to the Secretary on any request pertaining to the 

contents of such database or such list.
COUNTERINTELLIGENCE AND SECURITY ENHANCEMENTS ACT OF 1994

377

COUNTERINTELLIGENCE AND

SECURITY ENHANCEMENTS ACT OF 1994[1]

[Title VIII of the Intelligence Authorization Act for Fiscal Year 1995]

[Public Law 103-359; 108 STAT. 3434; October 14, 1994]

COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES

SEC. 811. [50 U.S.C. § 3381]

(a) ESTABLISHMENT OF COUNTERINTELLIGENCE POLICY BOARD.—There is 

established within the executive branch of Government a National 

Counterintelligence Policy Board (in this section referred to as the “Board”). The 

Board shall report to the President through the National Security Council.

(b) CHAIRPERSON.—The Director of the National Counterintelligence and 

Security Center appointed under section 902 of the Counterintelligence 

Enhancement Act of 2002 (50 U.S.C. 3382) shall serve as the chairperson of the 

Board.

(c) MEMBERSHIP.—The membership of the National Counterintelligence Policy 

Board shall consist of the following:

(1) The Director of the National Counterintelligence and Security Center.

(2) Senior personnel of departments and elements of the United States 

Government, appointed by the head of the department or element 

concerned, as follows:

(A) The Department of Justice, including the Federal Bureau of 

Investigation.

(B) The Department of Defense, including the Joint Chiefs of 

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 United 

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 approval 

of the President to govern the conduct of 

counterintelligence activities; and

 1 Only the select section is included.
COUNTERINTELLIGENCE AND SECURITY ENHANCEMENTS ACT OF 1994

378

(ii) upon the direction of the President, resolving 

conflicts that arise between elements of the Government 

conducting such activities; and

(B) act as an interagency working group to—

(i) ensure the discussion and review of matters relating 

to the implementation of the Counterintelligence 

Enhancement Act of 2002; and

(ii) provide advice to the Director of the National 

Counterintelligence and Security Center on priorities in 

the implementation of the National Counterintelligence 

Strategy produced pursuant to section 904(d)(2) of that 

Act (50 U.S.C. 3383(d)(2)).

(2) The Board may, for purposes of carrying out its functions under this 

section, establish such interagency boards and working groups as the 

Board considers appropriate.

(e) COORDINATION OF COUNTERINTELLIGENCE MATTERS WITH FEDERAL 

BUREAU OF INVESTIGATION.—

(1) Except as provided in paragraph (5), the head of each department or 

agency within the executive branch shall ensure that—

(A) the Federal Bureau of Investigation is advised immediately 

of any information, regardless of its origin, which indicates that 

classified information is being, or may have been, disclosed in an 

unauthorized manner to a foreign power or an agent of a foreign 

power;

(B) following a report made pursuant to subparagraph (A), the 

Federal Bureau of Investigation is consulted with respect to all 

subsequent actions which may be undertaken by the department 

or agency concerned to determine the source of such loss or 

compromise; and

(C) where, after appropriate consultation with the department or 

agency concerned, the Federal Bureau of Investigation 

undertakes investigative activities to determine the source of the 

loss or compromise, the Federal Bureau of Investigation is given 

complete and timely access to the employees and records of the 

department or agency concerned for purposes of such 

investigative activities.

(2) Except as provided in paragraph (5), the Director of the Federal 

Bureau of Investigation shall ensure that espionage information obtained 

by the Federal Bureau of Investigation pertaining to the personnel, 

operations, or information of departments or agencies of the executive 

branch, is provided through appropriate channels in a timely manner to 
COUNTERINTELLIGENCE AND SECURITY ENHANCEMENTS ACT OF 1994

379

the department or agency concerned, and that such departments or 

agencies are consulted in a timely manner with respect to espionage 

investigations undertaken by the Federal Bureau of Investigation which 

involve the personnel, operations, or information of such department or 

agency.

(3)(A) The Director of the Federal Bureau of Investigation shall submit 

to the head of the department or agency concerned a written assessment 

of the potential impact of the actions of the department or agency on a 

counterintelligence investigation.

(B) The head of the department or agency concerned shall—

(i) use an assessment under subparagraph (A) as an aid 

in determining whether, and under what circumstances, 

the subject of an investigation under paragraph (1) 

should be left in place for investigative purposes; and

(ii) notify in writing the Director of the Federal Bureau 

of Investigation of such determination.

(C) The Director of the Federal Bureau of Investigation and the 

head of the department or agency concerned shall continue to 

consult, as appropriate, to review the status of an investigation 

covered by this paragraph, and to reassess, as appropriate, a 

determination of the head of the department or agency concerned 

to leave a subject in place for investigative purposes.

(4)(A) The Federal Bureau of Investigation shall notify appropriate 

officials within the executive branch, including the head of the 

department or agency concerned, of the commencement of a full field 

espionage investigation with respect to an employee within the executive 

branch.

(B) A department or agency may not conduct a polygraph 

examination, interrogate, or otherwise take any action that is 

likely to alert an employee covered by a notice under 

subparagraph (A) of an investigation described in that 

subparagraph without prior coordination and consultation with 

the Federal Bureau of Investigation.

(5) Where essential to meet extraordinary circumstances affecting vital 

national security interests of the United States, the President may on a 

case-by-case basis waive the requirements of paragraph (1), (2), or (3), as 

they apply to the head of a particular department or agency, or the 

Director of the Federal Bureau of Investigation. Such waiver shall be in 

writing and shall fully state the justification for such waiver. Within 

thirty days, the President shall notify the Select Committee on 

Intelligence of the Senate and the Permanent Select Committee on 
COUNTERINTELLIGENCE AND SECURITY ENHANCEMENTS ACT OF 1994

380

Intelligence of the House of Representatives that such waiver has been 

issued, and at that time or as soon as national security considerations 

permit, provide these committees with a complete explanation of the 

circumstances which necessitated such waiver.

(6) Nothing in this section may be construed to alter the existing 

jurisdictional arrangements between the Federal Bureau of Investigation 

and the Department of Defense with respect to investigations of persons 

subject to the Uniform Code of Military Justice, nor to impose additional 

reporting requirements upon the Department of Defense with respect to 

such investigations beyond those required by existing law and executive 

branch policy.

(7) As used in this section, the terms “foreign power” and “agent of a 

foreign power” have the same meanings as set forth in sections1 1801(a) 

and (b), respectively, of this title.
COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002

381

COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002

[Title IX of the Intelligence Authorization Act for Fiscal Year 2003] 

[Public Law 107-306; 116 STAT. 2432; November 27, 2002]

TABLE OF CONTENTS1

SEC. 901. Short title; purpose.

SEC. 902. Director of the National Counterintelligence and Security Center.

SEC. 903. [Amended Section 811 of the Counterintelligence and Security 

Enhancements Act of 1994.]

SEC. 904. National Counterintelligence and Security Center. 

SHORT TITLE; PURPOSE

SEC. 901. 

(a) SHORT TITLE.—This title may be cited as the “Counterintelligence 

Enhancement Act of 2002”. 

(b) PURPOSE.—[50 U.S.C. § 3382 note] The purpose of this title is to facilitate 

the enhancement of the counterintelligence activities of the United States 

Government by—

(1) enabling the counterintelligence community of the United States 

Government to fulfill better its mission of identifying, assessing, 

prioritizing, and countering the intelligence threats to the United States;

(2) ensuring that the counterintelligence community of the United States 

Government acts in an efficient and effective manner; and

(3) providing for the integration of all the counterintelligence activities of 

the United States Government.

DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE 

AND SECURITY CENTER

SEC. 902. [50 U.S.C. § 3382]

(a) ESTABLISHMENT.—There shall be a Director of the National 

Counterintelligence and Security Center (referred to in this section as the 

“Director”), who shall be appointed by the President, by and with the advice and 

consent of the Senate.

(b) MISSION.—The mission of the Director shall be to serve as the head of 

national counterintelligence for the United States Government.

 1 Table of Contents does not appear in the Act itself.
COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002

382

(c) DUTIES.—Subject to the direction and control of the Director of National 

Intelligence, the duties of the Director are as follows:

(1) To carry out the mission referred to in subsection (b).

(2) To act as chairperson of the National Counterintelligence Policy 

Board established under section 3381 of this title.

(3) To act as head of the National Counterintelligence and Security 

Center established under section 3383 of this title.

(4) To participate as an observer on such boards, committees, and entities 

of the executive branch as the Director of National Intelligence considers 

appropriate for the discharge of the mission and functions of the Director 

and the National Counterintelligence and Security Center under section 

3383 of this title.

[SEC. 903. Amended Section 811 of the Counterintelligence and Security 

Enhancements Act of 1994.]

NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER

SEC. 904. [50 U.S.C. § 3383]

(a) ESTABLISHMENT.—There shall be a National Counterintelligence and 

Security Center.

(b) HEAD OF CENTER.—The Director of the National Counterintelligence and 

Security Center shall be the head of the National Counterintelligence and 

Security Center.

(c) LOCATION OF CENTER.—The National Counterintelligence and Security 

Center shall be located in the Office of the Director of National Intelligence.

(d) FUNCTIONS.—Subject to the direction and control of the Director of the 

National Counterintelligence and Security Center, the functions of the National 

Counterintelligence and Security Center shall be as follows:

(1) NATIONAL THREAT IDENTIFICATION AND PRIORITIZATION 

ASSESSMENT.—Subject to subsection (e), in consultation with 

appropriate department and agencies of the United States Government, 

and private sector entities, to produce a strategic planning assessment of 

the counterintelligence requirements of the United States to be known as 

the National Threat Identification and Prioritization Assessment.

(2) NATIONAL COUNTERINTELLIGENCE STRATEGY.—

(A) REQUIREMENT TO PRODUCE.—Subject to subsection (e), in 

consultation with appropriate department and agencies of the 

United States Government, and private sector entities, and based 

on the most current National Threat Identification and 

Prioritization Assessment under paragraph (1), to produce a 
COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002

383

strategy for the counterintelligence programs and activities of the 

United States Government to be known as the National 

Counterintelligence Strategy.

(B) REVISION AND REQUIREMENT.—The National 

Counterintelligence Strategy shall be revised or updated at least 

once every three years and shall be aligned with the strategy and 

policies of the Director of National Intelligence.

(3) IMPLEMENTATION OF NATIONAL COUNTERINTELLIGENCE 

STRATEGY.—To evaluate on an ongoing basis the implementation of the 

National Counterintelligence Strategy and to submit to the President 

periodic reports on such evaluation, including a discussion of any 

shortfalls in the implementation of the Strategy and recommendations for 

remedies for such shortfalls.

(4) NATIONAL COUNTERINTELLIGENCE STRATEGIC ANALYSES.—As 

directed by the Director of National Intelligence and in consultation with 

appropriate elements of the departments and agencies of the United 

States Government, to oversee and coordinate the production of strategic 

analyses of counterintelligence matters, including the production of 

counterintelligence damage assessments and assessments of lessons 

learned from counterintelligence activities.

(5) NATIONAL COUNTERINTELLIGENCE PROGRAM BUDGET.—At the 

direction of the Director of National Intelligence—

(A) to coordinate the development of budgets and resource 

allocation plans for the counterintelligence programs and 

activities of the Department of Defense, the Federal Bureau of 

Investigation, the Central Intelligence Agency, and other 

appropriate elements of the United States Government;

(B) to ensure that the budgets and resource allocation plans 

developed under subparagraph (A) address the objectives and 

priorities for counterintelligence under the National 

Counterintelligence Strategy; and

(C) to submit to the National Security Council periodic reports 

on the activities undertaken by the Office under subparagraphs 

(A) and (B).

(6) NATIONAL COUNTERINTELLIGENCE COLLECTION AND TARGETING 

COORDINATION.—To develop priorities for counterintelligence 

investigations and operations, and for collection of counterintelligence, 

for purposes of the National Counterintelligence Strategy, except that the 

National Counterintelligence and Security Center may not—

(A) carry out any counterintelligence investigations or 

operations; or
COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002

384

(B) establish its own contacts, or carry out its own activities, 

with foreign intelligence services.

(7) NATIONAL COUNTERINTELLIGENCE OUTREACH, WATCH, AND 

WARNING.—

(A) COUNTERINTELLIGENCE VULNERABILITY SURVEYS.—To 

carry out and coordinate surveys of the vulnerability of the 

United States Government, and the private sector, to intelligence 

threats in order to identify the areas, programs, and activities that 

require protection from such threats.

(B) OUTREACH.—To carry out and coordinate outreach 

programs and activities on counterintelligence to other elements 

of the United States Government, and the private sector, and to 

coordinate the dissemination to the public of warnings on 

intelligence threats to the United States.

(C) RESEARCH AND DEVELOPMENT.—To ensure that research 

and development programs and activities of the United States 

Government, and the private sector, direct attention to the needs 

of the counterintelligence community for technologies, products, 

and services.

(D) TRAINING AND PROFESSIONAL DEVELOPMENT.—To develop 

policies and standards for training and professional development 

of individuals engaged in counterintelligence activities and to 

manage the conduct of joint training exercises for such 

personnel.

(e) ADDITIONAL REQUIREMENTS REGARDING NATIONAL THREAT 

IDENTIFICATION AND PRIORITIZATION ASSESSMENT AND NATIONAL 

COUNTERINTELLIGENCE STRATEGY.—

(1) A National Threat Identification and Prioritization Assessment under 

subsection (d)(1), and any modification of such assessment, shall not go 

into effect until approved by the President.

(2) A National Counterintelligence Strategy under subsection (d)(2), and 

any modification of such strategy, shall not go into effect until approved 

by the President.

(3) The National Counterintelligence Executive shall submit to the 

congressional intelligence committees each National Threat 

Identification and Prioritization Assessment, or modification thereof, and 

each National Counterintelligence Strategy, or modification thereof, 

approved under this section.

(4) In this subsection, the term “congressional intelligence committees”

means—
COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002

385

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

(B) the Permanent Select Committee on Intelligence of the 

House of Representatives.

(f) PERSONNEL.—

(1) Personnel of the National Counterintelligence and Security Center 

may consist of personnel employed by the Center or personnel on detail 

from any other department, agency, or element of the Federal 

Government. Any such detail may be on a reimbursable or 

nonreimbursable basis, at the election of the head of the agency detailing 

such personnel.

(2) Notwithstanding section 104(d)1 or any other provision of law 

limiting the period of the detail of personnel on a nonreimbursable basis, 

the detail of an officer or employee of United States or a member of the 

Armed Forces under paragraph (1) on a nonreimbursable basis may be 

for any period in excess of one year that the Director of the National 

Counterintelligence and Security Center and the head of the department, 

agency, or element concerned consider appropriate.

(g) TREATMENT OF ACTIVITIES UNDER CERTAIN ADMINISTRATIVE LAWS.—The 

files of the National Counterintelligence and Security Center shall be treated as 

operational files of the Central Intelligence Agency for purposes of section 701 

of the National Security Act of 1947 (50 U.S.C. 3141) to the extent such files 

meet criteria under subsection (b) of that section for treatment of files as 

operational files of an element of the Agency.

(h) OVERSIGHT BY CONGRESS.—The location of the National 

Counterintelligence and Security Center within the Office of the Director of 

National Intelligence shall not be construed as affecting access by Congress, or 

any committee of Congress, to—

(1) any information, document, record, or paper in the possession of the 

Center; or

(2) any personnel of the Center.

(i) CONSTRUCTION.—Nothing in this section shall be construed as affecting the 

authority of the Director of National Intelligence, the Secretary of Defense, the 

Secretary of State, the Attorney General, or the Director of the Federal Bureau of 

Investigation as provided or specified under the National Security Act of 1947 or 

under other provisions of law.
CLASSIFIED INFORMATION PROCEDURES ACT

386

CLASSIFIED INFORMATION PROCEDURES ACT 

[Public Law 96–456; 94 STAT. 2025; October 15, 1980]

AN ACT To provide certain pretrial, trial, and appellate procedures for criminal 

cases involving classified information.

Be it enacted by the Senate and House of Representatives of the United States of 

America in Congress assembled,

TABLE OF CONTENTS1

SEC. 1. Definitions.

SEC. 2. Pretrial conference.

SEC. 3. Protective orders. 

SEC. 4. Discovery of classified information by defendants. 

SEC. 5. Notice of defendant’s intention to disclose classified information. 

SEC. 6. Procedures for cases involving classified information. 

SEC. 7. Interlocutory appeal. 

SEC. 8. Introduction of classified information. 

SEC. 9. Security procedures. 

SEC. 9A. Coordination requirements relating to the prosecution of cases 

involving classified information. 

SEC. 10. Identification of information related to national defense. 

SEC. 11. Amendment to the Act.

SEC. 12. Attorney General guidelines. 

SEC. 13. Reports to Congress. 

SEC. 14. Functions of Attorney General may be exercised by Deputy 

Attorney General, the Associate Attorney General, or a designated 

Assistant Attorney General. 

SEC. 15. Effective date. 

SEC. 16. Short title. 

DEFINITIONS

SECTION 1. [18 U.S.C. App. § 1]

(a) “Classified information”, as used in this Act, means any information or 

material that has been determined by the United States Government pursuant to 

an Executive order, statute, or regulation, to require protection against 

 1 Table of Contents does not appear in the Act itself.
CLASSIFIED INFORMATION PROCEDURES ACT

387

unauthorized disclosure for reasons of national security and any restricted data, 

as defined in paragraph r. of section 11 of the Atomic Energy Act of 1954 (42 

U.S.C. 2014(y)).

(b) “National security”, as used in this Act, means the national defense and 

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 may move 

for a pretrial conference to consider matters relating to classified information that 

may arise in connection with the prosecution. Following such motion, or on its 

own motion, the court shall promptly hold a pretrial conference to establish the 

timing of requests for discovery, the provision of notice required by section 5 of 

this Act, and the initiation of the procedure established by section 6 of this Act. 

In addition, at the pretrial conference the court may consider any matters which 

relate to classified information or which may promote a fair and expeditious trial. 

No admission made by the defendant or by any attorney for the defendant at such 

a conference may be used against the defendant unless the admission is in writing 

and is signed by the defendant and by the attorney for the defendant.

PROTECTIVE ORDERS

SEC. 3. [18 U.S.C. App. § 3]

Upon motion of the United States, the court shall issue an order to protect against 

the disclosure of any classified information disclosed by the United States to any 

defendant in any criminal case in a district court of the United States.

DISCOVERY OF CLASSIFIED INFORMATION BY DEFENDANTS

SEC. 4. [18 U.S.C. App. § 4]

The court, upon a sufficient showing, may authorize the United States to delete 

specified items of classified information from documents to be made available to 

the defendant through discovery under the Federal Rules of Criminal Procedure, 

to substitute a summary of the information for such classified documents, or to 

substitute a statement admitting relevant facts that the classified information 

would tend to prove. The court may permit the United States to make a request 

for such authorization in the form of a written statement to be inspected by the 

court alone. If the court enters an order granting relief following such an ex parte 

showing, the entire text of the statement of the United States shall be sealed and 
CLASSIFIED INFORMATION PROCEDURES ACT

388

preserved in the records of the court to be made available to the appellate court in 

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 disclose or to 

cause the disclosure of classified information in any manner in connection with 

any trial or pretrial proceeding involving the criminal prosecution of such 

defendant, the defendant shall, within the time specified by the court or, where no 

time is specified, within thirty days prior to trial, notify the attorney for the 

United States and the court in writing. Such notice shall include a brief 

description of the classified information. Whenever a defendant learns of 

additional classified information he reasonably expects to disclose at any such 

proceeding, he shall notify the attorney for the United States and the court in 

writing as soon as possible thereafter and shall include a brief description of the 

classified information. No defendant shall disclose any information known or 

believed to be classified in connection with a trial or pretrial proceeding until 

notice has been given under this subsection and until the United States has been 

afforded a reasonable opportunity to seek a determination pursuant to the 

procedure set forth in section 6 of this Act, and until the time for the United 

States to appeal such determination under section 7 has expired or any appeal 

under section 7 by the United States is decided.

(b) FAILURE TO COMPLY.—If the defendant fails to comply with the 

requirements of subsection (a) the court may preclude disclosure of any classified 

information not made the subject of notification and may prohibit the 

examination by the defendant of any witness with respect to any such 

information.

PROCEDURES FOR CASES INVOLVING CLASSIFIED INFORMATION

SEC. 6. [18 U.S.C. App. § 6]

(a) MOTION FOR HEARING.—Within the time specified by the court for the filing 

of a motion under this section, the United States may request the court to conduct 

a hearing to make all determinations concerning the use, relevance, or 

admissibility of classified information that would otherwise be made during the 

trial or pretrial proceeding. Upon such a request, the court shall conduct such a 

hearing. Any hearing held pursuant to this subsection (or any portion of such 

hearing specified in the request of the Attorney General) shall be held in camera 

if the Attorney General certifies to the court in such petition that a public 
CLASSIFIED INFORMATION PROCEDURES ACT

389

proceeding may result in the disclosure of classified information. As to each item 

of classified information, the court shall set forth in writing the basis for its 

determination. Where the United States’ motion under this subsection is filed 

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 the United 

States under subsection (a), the United States shall provide the defendant 

with notice of the classified information that is at issue. Such notice shall 

identify the specific classified information at issue whenever that 

information previously has been made available to the defendant by the 

United States. When, the United States has not previously made the 

information available to the defendant in connection with the case, the 

information may be described by generic category, in such form as the 

court may approve, rather than by identification of the specific 

information of concern to the United States.

(2) Whenever the United States requests a hearing under subsection (a), 

the court, upon request of the defendant, may order the United States to 

provide the defendant, prior to trial, such details as to the portion of the 

indictment or information at issue in the hearing as are needed to give the 

defendant fair notice to prepare for the hearing.

(c) ALTERNATIVE PROCEDURE FOR DISCLOSURE OF CLASSIFIED 

INFORMATION.—

(1) Upon any determination by the court authorizing the disclosure of 

specific classified information under the procedures established by this 

section, the United States may move that, in lieu of the disclosure of such 

specific classified information, the court order—

(A) the substitution for such classified information of a statement 

admitting relevant facts that the specific classified information 

would tend to prove; or 

(B) the substitution for such classified information of a summary 

of the specific classified information. The court shall grant such 

a motion of the United States if it finds that the statement or 

summary will provide the defendant with substantially the same 

ability to make his defense as would disclosure of the specific 

classified information. The court shall hold a hearing on any 

motion under this section. Any such hearing shall be held in 

camera at the request of the Attorney General.

(2) The United States may, in connection with a motion under paragraph 

(1), submit to the court an affidavit of the Attorney General certifying 

that disclosure of classified information would cause identifiable damage 
CLASSIFIED INFORMATION PROCEDURES ACT

390

to the national security of the United States and explaining the basis for 

the classification of such information. If so requested by the United 

States, the court shall examine such affidavit in camera and ex parte.

(d) SEALING OF RECORDS OF IN CAMERA HEARINGS.—If at the close of an in 

camera hearing under this Act (or any portion of a hearing under this Act that is 

held in camera) the court determines that the classified information at issue may 

not be disclosed or elicited at the trial or pretrial proceeding, the record of such in 

camera hearing shall be sealed and preserved by the court for use in the event of 

an appeal. The defendant may seek reconsideration of the court’s determination 

prior to or during trial.

(e) PROHIBITION ON DISCLOSURE OF CLASSIFIED INFORMATION BY DEFENDANT,

RELIEF FOR DEFENDANT WHEN UNITED STATES OPPOSES DISCLOSURE.—

(1) Whenever the court denies a motion by the United States that it issue 

an order under subsection (c) and the United States files with the court an 

affidavit of the Attorney General objecting to disclosure of the classified 

information at issue, the court shall order that the defendant not disclose 

or cause the disclosure of such information.

(2) Whenever a defendant is prevented by an order under paragraph (1) 

from disclosing or causing the disclosure of classified information, the 

court shall dismiss the indictment or information; except that, when the 

court determines that the interests of justice would not be served by 

dismissal of the indictment or information, the court shall order such 

other action, in lieu of dismissing the indictment or information, as the 

court determines is appropriate. Such action may include, but need not be 

limited to—

(A) dismissing specified counts of the indictment or information;

(B) finding against the United States on any issue as to which the 

excluded classified information relates; or

(C) striking or precluding all or part of the testimony of a 

witness.

An order under this paragraph shall not take effect until the court has afforded the 

United States an opportunity to appeal such order under section 7, and thereafter 

to withdraw its objection to the disclosure of the classified information at issue.

(f) RECIPROCITY.—Whenever the court determines pursuant to subsection (a) 

that classified information may be disclosed in connection with a trial or pretrial 

proceeding, the court shall, unless the interests of fairness do not so require, order 

the United States to provide the defendant with the information it expects to use 

to rebut the classified information. The court may place the United States under a 

continuing duty to disclose such rebuttal information. If the United States fails to 

comply with its obligation under this subsection, the court may exclude any 

evidence not made the subject of a required disclosure and may prohibit the 
CLASSIFIED INFORMATION PROCEDURES ACT

391

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 the 

defendant has been placed in jeopardy shall lie to a court of appeals from a 

decision or order of a district court in a criminal case authorizing the disclosure 

of classified information, imposing sanctions for nondisclosure of classified 

information, or refusing a protective order sought by the United States to prevent 

the disclosure of classified information.

(b) An appeal taken pursuant to this section either before or during trial shall be 

expedited by the court of appeals. Prior to trial, an appeal shall be taken within 

fourteen days after the decision or order appealed from and the trial shall not 

commence until the appeal is resolved. If an appeal is taken during trial, the trial 

court shall adjourn the trial until the appeal is resolved and the court of appeals 

(1) shall hear argument on such appeal within four days of the adjournment of the 

trial, excluding intermediate weekends and holidays, (2) may dispense with 

written briefs other than the supporting materials previously submitted to the trial 

court, (3) shall render its decision within four days of argument on appeal, 

excluding intermediate weekends and holidays, and (4) may dispense with the 

issuance of a written opinion in rendering its decision. Such appeal and decision 

shall not affect the right of the defendant, in a subsequent appeal from a 

judgment of conviction, to claim as error reversal by the trial court on remand of 

a ruling appealed from during trial.

INTRODUCTION OF CLASSIFIED INFORMATION

SEC. 8. [18 U.S.C. App. § 8]

(a) CLASSIFICATION STATUS.—Writings, recordings, and photographs containing 

classified information may be admitted into evidence without change in their 

classification status.

(b) PRECAUTIONS BY COURT.—The court, in order to prevent unnecessary 

disclosure of classified information involved in any criminal proceeding, may 

order admission into evidence of only part of a writing, recording, or photograph, 

or may order admission into evidence of the whole writing, recording, or 

photograph with excision of some or all of the classified information contained 

therein, unless the whole ought in fairness be considered.

(c) TAKING OF TESTIMONY.—During the examination of a witness in any 

criminal proceeding, the United States may object to any question or line of 
CLASSIFIED INFORMATION PROCEDURES ACT

392

inquiry that may require the witness to disclose classified information not 

previously found to be admissible. Following such an objection, the court shall 

take such suitable action to determine whether the response is admissible as will 

safeguard against the compromise of any classified information. Such action may 

include requiring the United States to provide the court with a proffer of the 

witness’ response to the question or line of inquiry and requiring the defendant to 

provide the court with a proffer of the nature of the information he seeks to elicit.

SECURITY PROCEDURES

SEC. 9. [18 U.S.C. App. § 9]

(a) Within one hundred and twenty days of the date of the enactment of this Act, 

the Chief Justice of the United States, in consultation with the Attorney General, 

the Director of National Intelligence, and the Secretary of Defense, shall 

prescribe rules establishing procedures for the protection against unauthorized 

disclosure of any classified information in the custody of the United States 

district courts, courts of appeal, or Supreme Court. Such rules, and any changes 

in such rules, shall be submitted to the appropriate committees of Congress and 

shall become effective forty-five days after such submission.

(b) Until such time as rules under subsection (a) first become effective, the 

Federal courts shall in each case involving classified information adopt 

procedures to protect against the unauthorized disclosure of such information.

COORDINATION REQUIREMENTS RELATING TO THE PROSECUTION OF

CASES INVOLVING CLASSIFIED INFORMATION

SEC. 9A. [18 U.S.C. App. § 9A]

(a) BRIEFINGS REQUIRED.—The Assistant Attorney General for the Criminal 

Division or the Assistant Attorney General for National Security, as appropriate, 

and the appropriate United States attorney, or the designees of such officials, 

shall provide briefings to the senior agency official, or the designee of such 

official, with respect to any case involving classified information that originated 

in the agency of such senior agency official.

(b) TIMING OF BRIEFINGS.—Briefings under subsection (a) with respect to a case 

shall occur—

(1) as soon as practicable after the Department of Justice and the United 

States attorney concerned determine that a prosecution or potential 

prosecution could result; and

(2) at such other times thereafter as are necessary to keep the senior 

agency official concerned fully and currently informed of the status of 

the prosecution.
CLASSIFIED INFORMATION PROCEDURES ACT

393

(c) SENIOR AGENCY OFFICIAL DEFINED.—In this section, the term “senior 

agency official” has the meaning given that term in section 1.1 of Executive 

Order No. 12958.

IDENTIFICATION OF INFORMATION RELATED TO NATIONAL DEFENSE

SEC. 10. [18 U.S.C. App. § 10]

In any prosecution in which the United States must establish that material relates 

to the national defense or constitutes classified information, the United States 

shall notify the defendant, within the time before trial specified by the court, of 

the portions of the material that it reasonably expects to rely upon to establish the 

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 section 2076, 

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 Attorney 

General shall issue guidelines specifying the factors to be used by the 

Department of Justice in rendering a decision whether to prosecute a violation of 

Federal law in which, in the judgment of the Attorney General, there is a 

possibility that classified information will be revealed. Such guidelines shall be 

transmitted to the appropriate committees of Congress.

(b) When the Department of Justice decides not to prosecute a violation of 

Federal law pursuant to subsection (a), an appropriate official of the Department 

of Justice shall prepare written findings detailing the reasons for the decision not 

to prosecute. The findings shall include—

(1) the intelligence information which the Department of Justice officials 

believe might be disclosed,

(2) the purpose for which the information might be disclosed,

(3) the probability that the information would be disclosed, and

(4) the possible consequences such disclosure would have on the national 

security.
CLASSIFIED INFORMATION PROCEDURES ACT

394

REPORTS TO CONGRESS

SEC. 13. [18 U.S.C. App. § 13]

(a) Consistent with applicable authorities and duties, including those conferred 

by the Constitution upon the executive and legislative branches, the Attorney 

General shall report orally or in writing semiannually to the Permanent Select 

Committee on Intelligence of the United States House of Representatives, the 

Select Committee on Intelligence of the United States Senate, and the chairmen 

and ranking minority members of the Committees on the Judiciary of the Senate 

and House of Representatives on all cases where a decision not to prosecute a 

violation of Federal law pursuant to section 12(a) has been made.

(b) In the case of the semiannual reports (whether oral or written) required to be 

submitted under subsection (a) to the Permanent Select Committee on 

Intelligence of the House of Representatives and the Select Committee on 

Intelligence of the Senate, the submittal dates for such reports shall be as 

provided in section 507 of the National Security Act of 1947.

(c) The Attorney General shall deliver to the appropriate committees of Congress 

a report concerning the operation and effectiveness of this Act and including 

suggested amendments to this Act. For the first three years this Act is in effect, 

there shall be a report each year. After three years, such reports shall be delivered 

as necessary.

FUNCTIONS OF ATTORNEY GENERAL MAY BE EXERCISED BY DEPUTY 

ATTORNEY GENERAL, THE ASSOCIATE ATTORNEY GENERAL, OR A 

DESIGNATED ASSISTANT ATTORNEY GENERAL

SEC. 14. [18 U.S.C. App. § 14]

The functions and duties of the Attorney General under this Act may be 

exercised by the Deputy Attorney General, the Associate Attorney General, or by 

an Assistant Attorney General designated by the Attorney General for such 

purpose and may not be delegated to 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 enactment 

of this Act, but shall not apply to any prosecution in which an indictment or 

information was filed before such date.
CLASSIFIED INFORMATION PROCEDURES ACT

395

SHORT TITLE

SEC. 16. [18 U.S.C. App. § 16]

That this Act may be cited as the “Classified Information Procedures Act”.
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

396

FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

[Public Law 95–511; 92 STAT. 1783; October 25, 1978]

AN ACT To authorize electronic surveillance to obtain foreign intelligence 

information.

Be it enacted by the Senate and House of Representatives of the United States of 

America in Congress assembled, 

SHORT TITLE

That this Act may be cited as the “Foreign Intelligence Surveillance Act of 

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 intelligence 

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 surveillance 

and interception of certain communications may be conducted.

TITLE II—CONFORMING AMENDMENTS

SEC. 201. Amendments to chapter 119 of title 18, United States Code.
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

397

TITLE III—PHYSICAL SEARCHES WITHIN THE UNITED STATES

FOR FOREIGN INTELLIGENCE PURPOSES

SEC. 301. Definitions.

SEC. 302. Authorization of physical searches for foreign intelligence 

purposes.

SEC. 303. Application for an order.

SEC. 304. Issuance of an order.

SEC. 305. Use of information.

SEC. 306. Congressional oversight.

SEC. 307. Penalties.

SEC. 308. Civil liability.

SEC. 309. Authorization during time of war.

TITLE IV—PEN REGISTERS AND TRAP AND TRACE DEVICES

FOR FOREIGN INTELLIGENCE PURPOSES

SEC. 401. Definitions.

SEC. 402. Pen registers and trap and trace devices for foreign intelligence 

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 intelligence and 

international terrorism investigations.

SEC. 502. Congressional oversight.

TITLE VI—OVERSIGHT

SEC. 601. Semiannual report of the Attorney General.

SEC. 602. Declassification of significant decisions, orders, and opinions.

SEC. 603. Annual reports.

SEC. 604. Public reporting by persons subject to orders.
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

398

TITLE VII—ADDITIONAL PROCEDURES REGARDING CERTAIN

PERSONS OUTSIDE THE UNITED STATES

SEC. 701. Definitions.

SEC. 702. Procedures for targeting certain persons outside the United States 

other than United States persons.

SEC. 703. Certain acquisitions inside the United States targeting United 

States persons outside the United States.

SEC. 704. Other acquisitions targeting United States persons outside the 

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.

TITLE VIII – PROTECTION OF PERSONS ASSISTING THE GOVERNMENT

SEC. 801. Definitions.

SEC. 802. Procedures for implementing statutory defenses.

SEC. 803. Preemption.

SEC. 804. Reporting.

SELECTED ADDITIONAL PROVISIONS OF THE FISA AMENDMENTS

ACT OF 20081

SEC. 301. Review of Previous Actions.

SEC. 401. Severability.

SEC. 404. Transition Procedures.

TITLE I—ELECTRONIC SURVEILLANCE WITHIN THE UNITED 

STATES FOR FOREIGN INTELLIGENCE PURPOSES

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 or not 

recognized by the United States;

 1 This section of the Table of Contents does not appear in the Act itself.
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

399

(2) a faction of a foreign nation or nations, not substantially composed of 

United States persons;

(3) an entity that is openly acknowledged by a foreign government or 

governments to be directed and controlled by such foreign government 

or governments;

(4) a group engaged in international terrorism or activities in preparation 

therefor;

(5) a foreign-based political organization, not substantially composed of 

United States persons;

(6) an entity that is directed and controlled by a foreign government or 

governments; or

(7) an entity not substantially composed of United States persons that is 

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 of a 

foreign power, or as a member of a foreign power as defined in 

subsection (a)(4), irrespective of whether the person is inside the 

United States;

(B) acts for or on behalf of a foreign power which engages in 

clandestine intelligence activities in the United States contrary to 

the interests of the United States, when the circumstances 

indicate that such person may engage in such activities, or when 

such person knowingly aids or abets any person in the conduct of 

such activities or knowingly conspires with any person to engage 

in such activities;

(C) engages in international terrorism or activities in preparation 

therefore [sic];

(D) engages in the international proliferation of weapons of mass 

destruction, or activities in preparation therefor; or

(E) engages in the international proliferation of weapons of mass 

destruction, or activities in preparation therefor, for or on behalf 

of a foreign power, or knowingly aids or abets any person in the 

conduct of such proliferation or activities in preparation therefor, 

or knowingly conspires with any person to engage in such 

proliferation or activities in preparation therefor; or

(2) any person who—

(A) knowingly engages in clandestine intelligence gathering 

activities for or on behalf of a foreign power, which activities 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

400

involve or may involve a violation of the criminal statutes of the 

United States;

(B) pursuant to the direction of an intelligence service or network 

of a foreign power, knowingly engages in any other clandestine 

intelligence activities for or on behalf of such foreign power, 

which activities involve or are about to involve a violation of the 

criminal statutes of the United States;

(C) knowingly engages in sabotage or international terrorism, or 

activities that are in preparation therefor, for or on behalf of a 

foreign power;

(D) knowingly enters the United States under a false or 

fraudulent identity for or on behalf of a foreign power or, while 

in the United States, knowingly assumes a false or fraudulent 

identity for or on behalf of a foreign power; or

(E) knowingly aids or abets any person in the conduct of 

activities described in subparagraph (A), (B), or (C) or 

knowingly conspires with any person to engage in activities 

described in subparagraph (A), (B), or (C).

(c) “International terrorism” means activities that—

(1) involve violent acts or acts dangerous to human life that are a 

violation of the criminal laws of the United States or of any State, or that 

would be a criminal violation if committed within the jurisdiction of the 

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 intimidation or 

coercion; or

(C) to affect the conduct of a government by assassination or 

kidnapping; and

(3) occur totally outside the United States, or transcend national 

boundaries in terms of the means by which they are accomplished, the 

persons they appear intended to coerce or intimidate, or the locale in 

which their perpetrators operate or seek asylum.

(d) “Sabotage” means activities that involve a violation of chapter 105 of title 18, 

United States Code, or that would involve such a violation if committed against 

the United States. 

(e) “Foreign intelligence information” means—

(1) information that relates to, and if concerning a United States person 

is necessary to, the ability of the United States to protect against—

(A) actual or potential attack or other grave hostile acts of a 

foreign power or an agent of a foreign power;
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

401

(B) sabotage, international terrorism, or the international 

proliferation of weapons of mass destruction by a foreign power 

or an agent of a foreign power; or

(C) clandestine intelligence activities by an intelligence service 

or network of a foreign power or by an agent of a foreign power; 

or

(2) information with respect to a foreign power or foreign territory that 

relates to, and if concerning a United States person is necessary to—

(A) the national defense or the security of the United States; or

(B) the conduct of the foreign affairs of the United States.

(f) “Electronic surveillance” means—

(1) the acquisition by an electronic, mechanical, or other surveillance 

device of the contents of any wire or radio communications sent by or 

intended to be received by a particular, known United States person who 

is in the United States, if the contents are acquired by intentionally 

targeting that United States person, under circumstances in which a 

person has a reasonable expectation of privacy and a warrant would be 

required for law enforcement purposes;

(2) the acquisition by an electronic, mechanical, or other surveillance 

device of the contents of any wire communication to or from a person in 

the United States, without the consent of any party thereto, if such 

acquisition occurs in the United States, but does not include the 

acquisition of those communications of computer trespassers that would 

be permissible under section 2511(2)(i) of title 18, United States Code;

(3) the intentional acquisition by an electronic, mechanical, or other 

surveillance device of the contents of any radio communication, under 

circumstances in which a person has a reasonable expectation of privacy 

and a warrant would be required for law enforcement purposes, and if 

both the sender and all intended recipients are located within the United 

States; or

(4) the installation or use of an electronic, mechanical, or other 

surveillance device in the United States for monitoring to acquire 

information, other than from a wire or radio communication, under 

circumstances in which a person has a reasonable expectation of privacy 

and a warrant would be required for law enforcement purposes.

(g) “Attorney General” means the Attorney General of the United States (or 

Acting Attorney General), the Deputy Attorney General, or, upon the designation 

of the Attorney General, the Assistant Attorney General designated as the 

Assistant Attorney General for National Security under section 507A of title 28, 

United States Code.
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

402

(h) “Minimization procedures”, with respect to electronic surveillance, means—

(1) specific procedures, which shall be adopted by the Attorney General, 

that are reasonably designed in light of the purpose and technique of the 

particular surveillance, to minimize the acquisition and retention, and 

prohibit the dissemination, of nonpublicly available information 

concerning unconsenting United States persons consistent with the need 

of the United States to obtain, produce, and disseminate foreign 

intelligence information;

(2) procedures that require that nonpublicly available information, which 

is not foreign intelligence information, as defined in subsection (e)(1), 

shall not be disseminated in a manner that identifies any United States 

person, without such person’s consent, unless such person’s identity is 

necessary to understand foreign intelligence information or assess its 

importance;

(3) notwithstanding paragraphs (1) and (2), procedures that allow for the 

retention and dissemination of information that is evidence of a crime 

which has been, is being, or is about to be committed and that is to be 

retained or disseminated for law enforcement purposes; and

(4) notwithstanding paragraphs (1), (2), and (3), with respect to any 

electronic surveillance approved pursuant to section 102(a), procedures 

that require that no contents of any communication to which a United 

States person is a party shall be disclosed, disseminated, or used for any 

purpose or retained for longer than 72 hours unless a court order under 

section 105 is obtained or unless the Attorney General determines that 

the information indicates a threat of death or serious bodily harm to any 

person.

(i) “United States person” means a citizen of the United States, an alien lawfully 

admitted for permanent residence (as defined in section 101(a)(20) of the 

Immigration and Nationality Act), an unincorporated association a substantial 

number of members of which are citizens of the United States or aliens lawfully 

admitted for permanent residence, or a corporation which is incorporated in the 

United States, but does not include a corporation or an association which is a 

foreign power, as defined in subsection (a)(1), (2), or (3).

(j) “United States”, when used in a geographic sense, means all areas under the 

territorial sovereignty of the United States and the Trust Territory of the Pacific 

Islands.

(k) “Aggrieved person” means a person who is the target of an electronic 

surveillance or any other person whose communications or activities were subject 

to electronic surveillance.

(l) “Wire communication” means any communications while it is being carried 

by a wire, cable, or other like connection furnished or operated by any person 
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403

engaged as a common carrier in providing or operating such facilities for the 

transmission of interstate or foreign communications.

(m) “Person” means any individual, including any officer or employee of the 

Federal Government, or any group, entity, association, corporation, or foreign 

power.

(n) “Contents”, when used with respect to a communication, includes any 

information concerning the identity of the parties to such communications or the 

existence, substance, purport, or meaning of that communication.

(o) “State” means any State of the United States, the District of Columbia, the 

Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and any

territory or possession of the United States.

(p) “Weapon of mass destruction” means—

(1) any explosive, incendiary, or poison gas device that is designed, 

intended, or has the capability to cause a mass casualty incident;

(2) any weapon that is designed, intended, or has the capability to cause 

death or serious bodily injury to a significant number of persons through 

the release, dissemination, or impact of toxic or poisonous chemicals or 

their precursors;

(3) any weapon involving a biological agent, toxin, or vector (as such 

terms are defined in section 178 of title 18, United States Code) that is 

designed, intended, or has the capability to cause death, illness, or 

serious bodily injury to a significant number of persons; or

(4) any weapon that is designed, intended, or has the capability to release 

radiation or radioactivity causing death, illness, or serious bodily injury 

to a significant number of persons.

AUTHORIZATION FOR ELECTRONIC SURVEILLANCE 

FOR FOREIGN INTELLIGENCE PURPOSES

SEC. 102. [50 U.S.C. §1802]

(a)(1) Notwithstanding any other law, the President, through the Attorney 

General, may authorize electronic surveillance without a court order under this 

title to acquire foreign intelligence information for periods of up to one year if 

the Attorney General certifies in writing under oath that—

(A) the electronic surveillance is solely directed at—

(i) the acquisition of the contents of communications 

transmitted by means of communications used 

exclusively between or among foreign powers, as 

defined in section 101(a)(1), (2), or (3); or

(ii) the acquisition of technical intelligence, other than 

the spoken communications of individuals, from 
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404

property or premises under the open and exclusive 

control of a foreign power, as defined in section 

101(a)(1), (2), or (3);

(B) there is no substantial likelihood that the surveillance will 

acquire the contents of any communications to which a United 

States person is a party; and

(C) the proposed minimization procedures with respect to such 

surveillance meet the definition of minimization procedures 

under section 101(h); and 

if the Attorney General reports such minimization procedures and any 

changes thereto to the House Permanent Select Committee on 

Intelligence and the Senate Select Committee on Intelligence at least 

thirty days prior to their effective date, unless the Attorney General 

determines immediate action is required and notifies the committees 

immediately of such minimization procedures and the reason for their 

becoming effective immediately.

(2) An electronic surveillance authorized by this subsection may be 

conducted only in accordance with the Attorney General’s certification 

and the minimization procedures adopted by him. The Attorney General 

shall assess compliance with such procedures and shall report such 

assessments to the House Permanent Select Committee on Intelligence 

and the Senate Select Committee on Intelligence under the provisions of 

section 108(a).

(3) The Attorney General shall immediately transmit under seal to the 

court established under section 103(a) a copy of his certification. Such 

certification shall be maintained under security measures established by 

the Chief Justice with the concurrence of the Attorney General, in 

consultation with the Director of National Intelligence, and shall remain 

sealed unless—

(A) an application for a court order with respect to the 

surveillance is made under sections 101(h)(4) and 104; or 

(B) the certification is necessary to determine the legality of the 

surveillance under section 106(f).

(4) With respect to electronic surveillance authorized by this subsection, 

the Attorney General may direct a specified communication common 

carrier to—

(A) furnish all information, facilities, or technical assistance 

necessary to accomplish the electronic surveillance in such a 

manner as will protect its secrecy and produce a minimum of 

interference with the services that such carrier is providing its 

customers; and
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405

(B) maintain under security procedures approved by the Attorney 

General and the Director of National Intelligence any records 

concerning the surveillance or the aid furnished which such 

carrier wishes to retain. 

The Government shall compensate, at the prevailing rate, such carrier for 

furnishing such aid.

(b) Applications for a court order under this title are authorized if the President 

has, by written authorization, empowered the Attorney General to approve 

applications to the court having jurisdiction under section 103, and a judge to 

whom an application is made may, notwithstanding any other law, grant an order, 

in conformity with section 105, approving electronic surveillance of a foreign 

power or an agent of a foreign power for the purpose of obtaining foreign 

intelligence information, except that the court shall not have jurisdiction to grant 

any order approving electronic surveillance directed solely as described in 

paragraph (1)(A) of subsection (a) unless such surveillance may involve the 

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 11 district 

court judges from at least seven of the United States judicial circuits of whom no 

fewer than 3 shall reside within 20 miles of the District of Columbia who shall 

constitute a court which shall have jurisdiction to hear applications for and grant 

orders approving electronic surveillance anywhere within the United States under 

the procedures set forth in this Act, except that no judge designated under this 

subsection (except when sitting en banc under paragraph (2)) shall hear the same 

application for electronic surveillance under this Act which has been denied 

previously by another judge designated under this subsection. If any judge so 

designated denies an application for an order authorizing electronic surveillance 

under this Act, such judge shall provide immediately for the record a written 

statement of each reason for his decision and, on motion of the United States, the 

record shall be transmitted, under seal, to the court of review established in 

subsection (b).

(2)(A) The court established under this subsection may, on its own 

initiative, or upon the request of the Government in any proceeding or a 

party under section 501(f) or paragraph (4) or (5) of section 702(i), hold 

a hearing or rehearing, en banc, when ordered by a majority of the judges 

that constitute such court upon a determination that—

(i) en banc consideration is necessary to secure or 

maintain uniformity of the court‘s decisions; or
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406

(ii) the proceeding involves a question of exceptional 

importance.

(B) Any authority granted by this Act to a judge of the court 

established under this subsection may be exercised by the court 

en banc. When exercising such authority, the court en banc shall 

comply with any requirements of this Act on the exercise of such 

authority.

(C) For purposes of this paragraph, the court en banc shall 

consist of all judges who constitute the court established under 

this subsection.

(b) The Chief Justice shall publicly designate three judges, one of whom shall be 

publicly designated as the presiding judge, from the United States district courts 

or courts of appeals who together shall comprise a court of review which shall 

have jurisdiction to review the denial of any application made under this Act. If 

such court determines that the application was properly denied, the court shall 

provide for the record a written statement of each reason for its decision and, on 

petition of the United States for a writ of certiorari, the record 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 possible. 

The record of proceedings under this Act, including applications made and orders 

granted, shall be maintained under security measures established by the Chief 

Justice in consultation with the Attorney General and the Director of National 

Intelligence.

(d) Each judge designated under this section shall so serve for a maximum of 

seven years and shall not be eligible for redesignation, except that the judges first 

designated under subsection (a) shall be designated for terms of from one to 

seven years so that one term expires each year, and that judges first designated 

under subsection (b) shall be designated for terms of three, five, and seven years.

(e)(1) Three judges designated under subsection (a) who reside within 20 miles 

of the District of Columbia, or, if all of such judges are unavailable, other judges 

of the court established under subsection (a) as may be designated by the 

presiding judge of such court, shall comprise a petition review pool which shall 

have jurisdiction to review petitions filed pursuant to section 501(f)(1) or 

702(i)(4).

(2) Not later than 60 days after March 9, 2006, the court established 

under subsection (a) shall adopt and, consistent with the protection of 

national security, publish procedures for the review of petitions filed 

pursuant to section 501(f)(1) or 702(i)(4) by the panel established under 

paragraph (1). Such procedures shall provide that review of a petition 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

407

shall be conducted in camera and shall also provide for the designation of 

an acting presiding judge.

(f)(1) A judge of the court established under subsection (a), the court established 

under subsection (b) or a judge of that court, or the Supreme Court of the United 

States or a justice of that court, may, in accordance with the rules of their 

respective courts, enter a stay of an order or an order modifying an order of the 

court established under subsection (a) or the court established under subsection 

(b) entered under any title of this Act, while the court established under 

subsection (a) conducts a rehearing, while an appeal is pending to the court 

established under subsection (b), or while a petition of certiorari is pending in the 

Supreme Court of the United States, or during the pendency of any review by 

that court.

(2) The authority described in paragraph (1) shall apply to an order 

entered under any provision of this Act.

(g)(1) The courts established pursuant to subsections (a) and (b) may establish 

such rules and procedures, and take such actions, as are reasonably necessary to 

administer their responsibilities under this Act.

(2) The rules and procedures established under paragraph (1), and any 

modifications of such rules and procedures, shall be recorded, and shall

be transmitted to the following:

(A) All of the judges on the court established pursuant to 

subsection (a).

(B) All of the judges on the court of review established 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 Senate.

(F) The Committee on the Judiciary of the House of 

Representatives.

(G) The Permanent Select Committee on Intelligence of the 

House of Representatives.

(3) The transmissions required by paragraph (2) shall be submitted in 

unclassified form, but may include a classified annex.

(h)Nothing in this Act shall be construed to reduce or contravene the inherent 

authority of a court established under this section to determine or enforce 

compliance with an order or a rule of such court or with a procedure approved by 

such court.

(i) AMICUS CURIAE.—

(1) DESIGNATION.—The presiding judges of the courts established under 

subsections (a) and (b) shall, not later than 180 days after June 2, 2015, 

jointly designate not fewer than 5 individuals to be eligible to serve as 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

408

amicus curiae, who shall serve pursuant to rules the presiding judges may 

establish. In designating such individuals, the presiding judges may 

consider individuals recommended by any source, including members of 

the Privacy and Civil Liberties Oversight Board, the judges determine 

appropriate.

(2) AUTHORIZATION.—A court established under subsection (a) or (b), 

consistent with the requirement of subsection (c) and any other statutory 

requirement that the court act expeditiously or within a stated time—

(A) shall appoint an individual who has been designated under 

paragraph (1) to serve as amicus curiae to assist such court in the 

consideration of any application for an order or review that, in 

the opinion of the court, presents a novel or significant 

interpretation of the law, unless the court issues a finding that 

such appointment is not appropriate; and

(B) may appoint an individual or organization to serve as amicus 

curiae, including to provide technical expertise, in any instance 

as such court deems appropriate or, upon motion, permit an 

individual or organization leave to file an amicus curiae brief.

(3) QUALIFICATIONS OF AMICUS CURIAE.—

(A) EXPERTISE.—Individuals designated under paragraph (1) 

shall be persons who possess expertise in privacy and civil 

liberties, intelligence collection, communications technology, or 

any other area that may lend legal or technical expertise to a 

court established under subsection (a) or (b).

(B) SECURITY CLEARANCE.—Individuals designated pursuant to 

paragraph (1) shall be persons who are determined to be eligible 

for access to classified information necessary to participate in 

matters before the courts. Amicus curiae appointed by the court 

pursuant to paragraph (2) shall be persons who are determined to 

be eligible for access to classified information, if such access is 

necessary to participate in the matters in which they may be 

appointed.

(4) DUTIES.—If a court established under subsection (a) or (b) appoints 

an amicus curiae under paragraph (2)(A), the amicus curiae shall provide 

to the court, as appropriate—

(A) legal arguments that advance the protection of individual 

privacy and civil liberties;

(B) information related to intelligence collection or 

communications technology; or

(C) legal arguments or information regarding any other area 

relevant to the issue presented to the court.
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409

(5) ASSISTANCE.—An amicus curiae appointed under paragraph (2)(A) 

may request that the court designate or appoint additional amici curiae 

pursuant to paragraph (1) or paragraph (2), to be available to assist the 

amicus curiae.

(6) ACCESS TO INFORMATION.—

(A) IN GENERAL.—If a court established under subsection (a) or 

(b) appoints an amicus curiae under paragraph (2), the amicus 

curiae—

(i) shall have access to any legal precedent, application, 

certification, petition, motion, or such other materials 

that the court determines are relevant to the duties of the 

amicus curiae; and

(ii) may, if the court determines that it is relevant to the 

duties of the amicus curiae, consult with any other 

individuals designated pursuant to paragraph (1) 

regarding information relevant to any assigned 

proceeding.

(B) BRIEFINGS.—The Attorney General may periodically brief or 

provide relevant materials to individuals designated pursuant to 

paragraph (1) regarding constructions and interpretations of this 

Act and legal, technological, and other issues related to actions 

authorized by this Act.

(C) CLASSIFIED INFORMATION.—An amicus curiae designated 

or appointed by the court may have access to classified 

documents, information, and other materials or proceedings only 

if that individual is eligible for access to classified information 

and to the extent consistent with the national security of the 

United States.

(D) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to require the Government to provide information to 

an amicus curiae appointed by the court that is privileged from 

disclosure.

(7) NOTIFICATION.—A presiding judge of a court established under 

subsection (a) or (b) shall notify the Attorney General of each exercise of 

the authority to appoint an individual to serve as amicus curiae under 

paragraph (2).

(8) ASSISTANCE.—A court established under subsection (a) or (b) may 

request and receive (including on a nonreimbursable basis) the assistance 

of the executive branch in the implementation of this subsection.

(9) ADMINISTRATION.—A court established under subsection (a) or (b) 

may provide for the designation, appointment, removal, training, or other 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

410

support for an individual designated to serve as amicus curiae under 

paragraph (1) or appointed to serve as amicus curiae under paragraph (2) 

in a manner that is not inconsistent with this subsection.

(10) RECEIPT OF INFORMATION.—Nothing in this subsection shall limit 

the ability of a court established under subsection (a) or (b) to request or 

receive information or materials from, or otherwise communicate with, 

the Government or amicus curiae appointed under paragraph (2) on an ex 

parte basis, nor limit any special or heightened obligation in any ex parte 

communication or proceeding.

(11) COMPENSATION.—Notwithstanding any other provision of law, a 

court established under subsection (a) or (b) may compensate an amicus 

curiae appointed under paragraph (2) for assistance provided under such 

paragraph as the court considers appropriate and at such rate as the court 

considers appropriate.

(j) REVIEW OF FISA COURT DECISIONS.—Following issuance of an order under 

this Act, a court established under subsection (a) shall certify for review to the 

court established under subsection (b) any question of law that may affect 

resolution of the matter in controversy that the court determines warrants such 

review because of a need for uniformity or because consideration by the court 

established under subsection (b) would serve the interests of justice. Upon 

certification of a question of law under this subsection, the court established 

under subsection (b) may give binding instructions or require the entire record to 

be sent up for decision of the entire matter in controversy.

(k) REVIEW OF FISA COURT OF REVIEW DECISIONS.—

(1) CERTIFICATION.—For purposes of section 1254(2) of Title 28, United 

States Code, the court of review established under subsection (b) shall be 

considered to be a court of appeals.

(2) AMICUS CURIAE BRIEFING.—Upon certification of an application 

under paragraph (1), the Supreme Court of the United States may appoint 

an amicus curiae designated under subsection (i)(1), or any other person, 

to provide briefing or other assistance.

APPLICATION FOR AN ORDER

SEC. 104. [50 U.S.C. § 1804] 

(a) Each application for an order approving electronic surveillance under this title 

shall be made by a Federal officer in writing upon oath or affirmation to a judge 

having jurisdiction under section 103. Each application shall require the approval 

of the Attorney General based upon his finding that it satisfies the criteria and 

requirements of such application as set forth in this title. It shall include—
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

411

(1) the identity of the Federal officer making the application;

(2) the identity, if known, or a description of the specific target of the 

electronic surveillance;

(3) a statement of the facts and circumstances relied upon by the 

applicant to justify his belief that—

(A) the target of the electronic surveillance is a foreign power or 

an agent of a foreign power; and

(B) each of the facilities or places at which the electronic 

surveillance is directed is being used, or is about to be used, by a 

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 the type of 

communications or activities to be subjected to the surveillance;

(6) a certification or certifications by the Assistant to the President for 

National Security Affairs, an executive branch official or officials 

designated by the President from among those executive officers 

employed in the area of national security or defense and appointed by the 

President with the advice and consent of the Senate, or the Deputy 

Director of the Federal Bureau of Investigation, if designated by the 

President as a certifying official —

(A) that the certifying official deems the information sought to 

be foreign intelligence information;

(B) that a significant purpose of the surveillance is to obtain 

foreign intelligence information;

(C) that such information cannot reasonably be obtained by 

normal investigative techniques;

(D) that designates the type of foreign intelligence information 

being sought according to the categories described in section 

101(e); and

(E) including a statement of the basis for the certification that—

(i) the information sought is the type of foreign 

intelligence information designated; and

(ii) such information cannot reasonably be obtained by 

normal investigative techniques;

(7) a summary statement of the means by which the surveillance will be 

effected and a statement whether physical entry is required to effect the 

surveillance;

(8) a statement of the facts concerning all previous applications that have 

been made to any judge under this title involving any of the persons, 

facilities, or places specified in the application, and the action taken on 

each previous application; and
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

412

(9) a statement of the period of time for which the electronic surveillance 

is required to be maintained, and if the nature of the intelligence 

gathering is such that the approval of the use of electronic surveillance 

under this title should not automatically terminate when the described 

type of information has first been obtained, a description of facts 

supporting the belief that additional information of the same type will be 

obtained thereafter.

(b) The Attorney General may require any other affidavit or certification from 

any other officer in connection with the application.

(c) The judge may require the applicant to furnish such other information as may 

be necessary to make the determinations required by section 105.

(d)(1)(A) Upon written request of the Director of the Federal Bureau of 

Investigation, the Secretary of Defense, the Secretary of State, or the Director of 

National Intelligence, or the Director of the Central Intelligence Agency, the 

Attorney General shall personally review under subsection (a) an application 

under that subsection for a target described in section 101(b)(2).

(B) Except when disabled or otherwise unavailable to make a 

request referred to in subparagraph (A), an official referred to in 

that subparagraph may not delegate the authority to make a 

request referred to in that subparagraph.

(C) Each official referred to in subparagraph (A) with authority 

to make a request under that subparagraph shall take appropriate 

actions in advance to ensure that delegation of such authority is 

clearly established in the event such official is disabled or 

otherwise unavailable to make such request.

(2)(A) If as a result of a request under paragraph (1) the Attorney 

General determines not to approve an application under the second 

sentence of subsection (a) for purposes of making the application under 

this section, the Attorney General shall provide written notice of the 

determination to the official making the request for the review of the 

application under that paragraph. Except when disabled or otherwise 

unavailable to make a determination under the preceding sentence, the 

Attorney General may not delegate the responsibility to make a 

determination under that sentence. The Attorney General shall take 

appropriate actions in advance to ensure that delegation of such 

responsibility is clearly established in the event the Attorney General is 

disabled or otherwise unavailable to make such determination.

(B) Notice with respect to an application under subparagraph (A) 

shall set forth the modifications, if any, of the application that are 

necessary in order for the Attorney General to approve the 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

413

application under the second sentence of subsection (a) for 

purposes of making the application under this section.

(C) Upon review of any modifications of an application set forth 

under subparagraph (B), the official notified of the modifications 

under this paragraph shall modify the application if such official 

determines that such modification is warranted. Such official 

shall supervise the making of any modification under this 

subparagraph. Except when disabled or otherwise unavailable to 

supervise the making of any modification under the preceding 

sentence, such official may not delegate the responsibility to 

supervise the making of any modification under that preceding 

sentence. Each such official shall take appropriate actions in 

advance to ensure that delegation of such responsibility is clearly 

established in the event such official is disabled or otherwise 

unavailable to supervise the making of such modification.

ISSUANCE OF AN ORDER

SEC. 105. [50 U.S.C. § 1805] 

(a) Upon an application made pursuant to section 104, the judge shall enter an ex 

parte order as requested or as modified approving the electronic surveillance if he 

finds that—

(1) the application has been made by a Federal officer and approved by 

the Attorney General;

(2) on the basis of the facts submitted by the applicant there is probable 

cause to believe that—

(A) the target of the electronic surveillance is a foreign power or 

an agent of a foreign power: Provided, That no United States 

person may be considered a foreign power or an agent of a 

foreign power solely upon the basis of activities protected by the 

first amendment to the Constitution of the United States; and

(B) each of the facilities or places at which the electronic 

surveillance is directed is being used, or is about to be used, by a 

foreign power or an agent of a foreign power;

(3) the proposed minimization procedures meet the definition of 

minimization procedures under section 101(h); and

(4) the application which has been filed contains all statements and 

certifications required by section 104 and, if the target is a United States 

person, the certification or certifications are not clearly erroneous on the 

basis of the statement made under section 104(a)(7)(E) and any other 

information furnished under section 104(d).
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414

(b) In determining whether or not probable cause exists for purposes of an order 

under subsection (a)(2), a judge may consider past activities of the target, as well 

as facts and circumstances relating to current or future activities of the target.

(c)(1) SPECIFICATIONS.—An order approving an electronic surveillance under 

this section shall specify—

(A) the identity, if known, or a description of the specific target 

of the electronic surveillance identified or described in the 

application pursuant to section 104(a)(3);

(B) the nature and location of each of the facilities or places at 

which the electronic surveillance will be directed, if known;

(C) the type of information sought to be acquired and the type of 

communications or activities to be subjected to the surveillance;

(D) the means by which the electronic surveillance will be 

effected and whether physical entry will be used to effect the 

surveillance; and

(E) the period of time during which the electronic surveillance is 

approved.

(2) DIRECTIONS.— An order approving an electronic surveillance under 

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, custodian, or 

other specified person, or in circumstances where the Court 

finds, based upon specific facts provided in the application, that 

the actions of the target of the application may have the effect of 

thwarting the identification of a specified person, such other 

persons, furnish the applicant forthwith all information, facilities, 

or technical assistance necessary to accomplish the electronic 

surveillance in such a manner as will protect its secrecy and 

produce a minimum of interference with the services that such 

carrier, landlord, custodian, or other person is providing that 

target of electronic surveillance;

(C) that such carrier, landlord, custodian, or other person 

maintain under security procedures approved by the Attorney 

General and the Director of National Intelligence any records 

concerning the surveillance or the aid furnished that such person 

wishes to retain; and

(D) that the applicant compensate, at the prevailing rate, such 

carrier, landlord, custodian, or other person for furnishing such 

aid.
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415

(3) SPECIAL DIRECTIONS FOR CERTAIN ORDERS.—An order approving 

an electronic surveillance under this section in circumstances where the 

nature and location of each of the facilities or places at which the 

surveillance will be directed is unknown shall direct the applicant to 

provide notice to the court within ten days after the date on which 

surveillance begins to be directed at any new facility or place, unless the 

court finds good cause to justify a longer period of up to 60 days, of—

(A) the nature and location of each new facility or place at which 

the electronic surveillance is directed;

(B) the facts and circumstances relied upon by the applicant to 

justify the applicant‘s belief that each new facility or place at 

which the electronic surveillance is directed is or was being 

used, or is about to be used, by the target of the surveillance;

(C) a statement of any proposed minimization procedures that 

differ from those contained in the original application or order, 

that may be necessitated by a change in the facility or place at 

which the electronic surveillance is directed; and

(D) the total number of electronic surveillances that have been or 

are being conducted under the authority of the order.

(d)(1) An order issued under this section may approve an electronic surveillance 

for the period necessary to achieve its purpose, or for ninety days, whichever is 

less, except that (A) an order under this section shall approve an electronic 

surveillance targeted against a foreign power, as defined in section 101(a)(1), (2), 

or (3), for the period specified in the application or for one year, whichever is 

less, and (B) an order under this Act for a surveillance targeted against an agent 

of a foreign power who is not a United States person may be for the period 

specified in the application or for 120 days, whichever is less.

(2) Extensions of an order issued under this Act may be granted on the 

same basis as an original order upon an application for an extension and 

new findings made in the same manner as required for an original order, 

except that 

(A) an extension of an order under this Act for a surveillance 

targeted against a foreign power, as defined in paragraph (5), (6), 

or (7) of section 101(a), or against a foreign power as defined in 

section 101(a)(4) that is not a United States person, may be for a 

period not to exceed one year if the judge finds probable cause to 

believe that no communication of any individual United States 

person will be acquired during the period, and 

(B) an extension of an order under this Act for a surveillance 

targeted against an agent of a foreign power who is not a United 

States person may be for a period not to exceed 1 year.
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416

(3) At or before the end of the period of time for which electronic 

surveillance is approved by an order or an extension, the judge may 

assess compliance with the minimization procedures by reviewing the 

circumstances under which information concerning United States 

persons was acquired, retained, or disseminated.

(4) A denial of the application made under section 104 may be reviewed 

as provided in section 103.

(e)(1) Notwithstanding any other provision of this title, the Attorney General may 

authorize the emergency employment of electronic surveillance if the Attorney 

General—

(A) reasonably determines that an emergency situation exists 

with respect to the employment of electronic surveillance to 

obtain foreign intelligence information before an order 

authorizing such surveillance can with due diligence be obtained;

(B) reasonably determines that the factual basis for the issuance 

of an order under this title to approve such electronic 

surveillance exists;

(C) informs, either personally or through a designee, a judge 

having jurisdiction under section 103 at the time of such 

authorization that the decision has been made to employ 

emergency electronic surveillance; and

(D) makes an application in accordance with this title to a judge 

having jurisdiction under section 103 as soon as practicable, but 

not later than 7 days after the Attorney General authorizes such 

surveillance.

(2) If the Attorney General authorizes the emergency employment of 

electronic surveillance under paragraph (1), the Attorney General shall 

require that the minimization procedures required by this title for the 

issuance of a judicial order be followed.

(3) In the absence of a judicial order approving such electronic 

surveillance, the surveillance shall terminate when the information 

sought is obtained, when the application for the order is denied, or after 

the expiration of 7 days from the time of authorization by the Attorney 

General, whichever is earliest.

(4) A denial of the application made under this subsection may be 

reviewed as provided in section 103.

(5) In the event that such application for approval is denied, or in any 

other case where the electronic surveillance is terminated and no order is 

issued approving the surveillance, no information obtained or evidence 

derived from such surveillance shall be received in evidence or otherwise 

disclosed in any trial, hearing, or other proceeding in or before any court, 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

417

grand jury, department, office, agency, regulatory body, legislative 

committee, or other authority of the United States, a State, or political 

subdivision thereof, and no information concerning any United States 

person acquired from such surveillance shall subsequently be used or 

disclosed in any other manner by Federal officers or employees without 

the consent of such person, except with the approval of the Attorney 

General if the information indicates a threat of death or serious bodily 

harm to any person.

(6) The Attorney General shall assess compliance with the requirements 

of paragraph (5).

(f)(1) Notwithstanding any other provision of this Act, the lawfully authorized 

targeting of a non-United States person previously believed to be located outside 

the United States for the acquisition of foreign intelligence information may 

continue for a period not to exceed 72 hours from the time that the non-United 

States person is reasonably believed to be located inside the United States and the 

acquisition is subject to this title or to title III of this Act, provided that the head 

of an element of the intelligence community—

(A) reasonably determines that a lapse in the targeting of such 

non-United States person poses a threat of death or serious 

bodily harm to any person;

(B) promptly notifies the Attorney General of a determination 

under subparagraph (A); and

(C) requests, as soon as practicable, the employment of 

emergency electronic surveillance under subsection (e) or the 

employment of an emergency physical search pursuant to section 

304(e), as warranted.

(2) The authority under this subsection to continue the acquisition of 

foreign intelligence information is limited to a period not to exceed 72 

hours and shall cease upon the earlier of the following:

(A) The employment of emergency electronic surveillance under 

subsection (e) or the employment of an emergency physical 

search pursuant to section 304(e).

(B) An issuance of a court order under this title or title III of this 

Act.

(C) The Attorney General provides direction that the acquisition 

be terminated.

(D) The head of the element of the intelligence community 

conducting the acquisition determines that a request under 

paragraph (1)(C) is not warranted.

(E) When the threat of death or serious bodily harm to any 

person is no longer reasonably believed to exist.
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

418

(3) Nonpublicly available information concerning unconsenting United 

States persons acquired under this subsection shall not be disseminated 

during the 72 hour time period under paragraph (1) unless necessary to 

investigate, reduce, or eliminate the threat of death or serious bodily 

harm to any person.

(4) If the Attorney General declines to authorize the employment of 

emergency electronic surveillance under subsection (e) or the 

employment of an emergency physical search pursuant to section 304(e), 

or a court order is not obtained under this title or title III of this Act, 

information obtained during the 72 hour acquisition time period under 

paragraph (1) shall not be retained, except with the approval of the 

Attorney General if the information indicates a threat of death or serious 

bodily harm to any person.

(5) Paragraphs (5) and (6) of subsection (e) shall apply to this subsection.

(g) Notwithstanding any other provision of this title, officers, employees, or 

agents of the United States are authorized in the normal course of their official 

duties to conduct electronic surveillance not targeted against the communications 

of any particular person or persons, under procedures approved by the Attorney 

General, solely to—

(1) test the capability of electronic equipment, if—

(A) it is not reasonable to obtain the consent of the persons 

incidentally subjected to the surveillance;

(B) the test is limited in extent and duration to that necessary to 

determine the capability of the equipment;

(C) the contents of any communication acquired are retained and 

used only for the purpose of determining the capability of the 

equipment, are disclosed only to test personnel, and are 

destroyed before or immediately upon completion of the test; 

and:

(D) Provided, That the test may exceed ninety days only with the 

prior approval of the Attorney General;

(2) determine the existence and capability of electronic surveillance 

equipment being used by persons not authorized to conduct electronic 

surveillance, if—

(A) it is not reasonable to obtain the consent of persons 

incidentally subjected to the surveillance;

(B) such electronic surveillance is limited in extent and duration 

to that necessary to determine the existence and capability of 

such equipment; and

(C) any information acquired by such surveillance is used only to 

enforce chapter 119 of title 18, United States Code, or section 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

419

705 of the Communications Act of 1934, or to protect 

information from unauthorized surveillance; or

(3) train intelligence personnel in the use of electronic surveillance 

equipment, if—

(A) it is not reasonable to—

(i) obtain the consent of the persons incidentally 

subjected to the surveillance;

(ii) train persons in the course of surveillances otherwise 

authorized by this title; or

(iii) train persons in the use of such equipment without 

engaging in electronic surveillance;

(B) such electronic surveillance is limited in extent and duration 

to that necessary to train the personnel in the use of the 

equipment; and

(C) no contents of any communication acquired are retained or 

disseminated for any purpose, but are destroyed as soon as 

reasonably possible.

(h) Certifications made by the Attorney General pursuant to section 102(a) and 

applications made and orders granted under this title shall be retained for a period 

of at least ten years from the date of the certification or application.

(i) No cause of action shall lie in any court against any provider of a wire or 

electronic communication service, landlord, custodian, or other person (including 

any officer, employee, agent, or other specified person thereof) that furnishes any 

information, facilities, or technical assistance in accordance with a court order or 

request for emergency assistance under this Act for electronic surveillance or 

physical search.

(j) In any case in which the Government makes an application to a judge under 

this title to conduct electronic surveillance involving communications and the 

judge grants such application, upon the request of the applicant, the judge shall 

also authorize the installation and use of pen registers and trap and trace devices, 

and direct the disclosure of the information set forth in section 402(d)(2).

USE OF INFORMATION

SEC. 106. [50 U.S.C. § 1806] 

(a) Information acquired from an electronic surveillance conducted pursuant to 

this title concerning any United States person may be used and disclosed by 

Federal officers and employees without the consent of the United States person 

only in accordance with the minimization procedures required by this title. No 

otherwise privileged communication obtained in accordance with, or in violation 

of, the provisions of this Act shall lose its privileged character. No information 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

420

acquired from an electronic surveillance pursuant to this title may be used or 

disclosed by Federal officers or employees except for lawful purposes.

(b) No information acquired pursuant to this title shall be disclosed for law 

enforcement purposes unless such disclosure is accompanied by a statement that 

such information, or any information derived therefrom, may only be used in a 

criminal proceeding with the advance authorization of the Attorney General.

(c) Whenever the Government intends to enter into evidence or otherwise use or 

disclose in any trial, hearing, or other proceeding in or before any court, 

department, officer, agency, regulatory body, or other authority of the United 

States, against an aggrieved person, any information obtained or derived from an 

electronic surveillance of that aggrieved person pursuant to the authority of this 

Act, the Government shall, prior to the trial, hearing, or other proceeding or at a 

reasonable time prior to an effort to so disclose or so use that information or 

submit it in evidence, notify the aggrieved person and the court or other authority 

in which the information is to be disclosed or used that the Government intends 

to so disclose or so use such information.

(d) Whenever any State or political subdivision thereof intends to enter into 

evidence or otherwise use or disclose in any trial, hearing, or other proceeding in 

or before any court, department, officer, agency, regulatory body, or other 

authority of a State or a political subdivision thereof, against an aggrieved person 

any information obtained or derived from an electronic surveillance of that 

aggrieved person pursuant to the authority of this Act, the State or political 

subdivision thereof shall notify the aggrieved person, the court or other authority 

in which the information is to be disclosed or used, and the Attorney General that 

the State or political subdivision thereof intends to so disclose or so use such 

information.

(e) Any person against whom evidence obtained or derived from an electronic 

surveillance to which he is an aggrieved person is to be, or has been, introduced 

or otherwise used or disclosed in any trial, hearing, or other proceeding in or 

before any court, department, officer, agency, regulatory body, or other authority 

of the United States, a State, or a political subdivision thereof, may move to 

suppress the evidence obtained or derived from such electronic surveillance on 

the grounds that—

(1) the information was unlawfully acquired; or

(2) the surveillance was not made in conformity with an order of 

authorization or approval.

Such a motion shall be made before the trial, hearing, or other proceeding unless 

there was no opportunity to make such a motion or the person was not aware of 

the grounds of the motion.

(f) Whenever a court or other authority is notified pursuant to subsection (c) or 

(d), or whenever a motion is made pursuant to subsection (e), or whenever any 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

421

motion or request is made by an aggrieved person pursuant to any other statute or 

rule of the United States or any State before any court or other authority of the 

United States or any State to discover or obtain applications or orders or other 

materials relating to electronic surveillance or to discover, obtain, or suppress 

evidence or information obtained or derived from electronic surveillance under 

this Act, the United States district court or, where the motion is made before 

another authority, the United States district court in the same district as the 

authority, shall, notwithstanding any other law, if the Attorney General files an 

affidavit under oath that disclosure or an adversary hearing would harm the 

national security of the United States, review in camera and ex parte the 

application, order, and such other materials relating to the surveillance as may be 

necessary to determine whether the surveillance of the aggrieved person was 

lawfully authorized and conducted. In making this determination, the court may 

disclose to the aggrieved person, under appropriate security procedures and 

protective orders, portions of the application, order, or other materials relating to 

the surveillance only where such disclosure is necessary to make an accurate

determination of the legality of the surveillance.

(g) If the United States district court pursuant to subsection (f) determines that 

the surveillance was not lawfully authorized or conducted, it shall, in accordance 

with the requirements of law, suppress the evidence which was unlawfully 

obtained or derived from electronic surveillance of the aggrieved person or 

otherwise grant the motion of the aggrieved person. If the court determines that 

the surveillance was lawfully authorized and conducted, it shall deny the motion 

of the aggrieved person except to the extent that due process requires discovery 

or disclosure.

(h) Orders granting motions or requests under subsection (g), decisions under this 

section that electronic surveillance was not lawfully authorized or conducted, and 

orders of the United States district court requiring review or granting disclosure 

of applications, orders, or other materials relating to a surveillance shall be final 

orders and binding upon all courts of the United States and the several States 

except a United States court of appeals and the Supreme Court.

(i) In circumstances involving the unintentional acquisition by an electronic, 

mechanical, or other surveillance device of the contents of any communication, 

under circumstances in which a person has a reasonable expectation of privacy 

and a warrant would be required for law enforcement purposes, and if both the 

sender and all intended recipients are located within the United States, such 

contents shall be destroyed upon recognition, unless the Attorney General 

determines that the contents indicates a threat of death or serious bodily harm to 

any person.

(j) If an emergency employment of electronic surveillance is authorized under 

subsection (e) or (f) of section 105 and a subsequent order approving the 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

422

surveillance is not obtained, the judge shall cause to be served on any United 

States person named in the application and on such other United States persons 

subject to electronic surveillance as the judge may determine in his discretion it 

is in the interest of 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 obtained.

On an ex parte showing of good cause to the judge the serving of the notice 

required by this subsection may be postponed or suspended for a period not to 

exceed ninety days. Thereafter, on a further ex parte showing of good cause, the 

court shall forego ordering the serving of the notice required under this 

subsection.

(k)(1) Federal officers who conduct electronic surveillance to acquire foreign 

intelligence information under this title may consult with Federal law 

enforcement officers or law enforcement personnel of a State or political 

subdivision of a State (including the chief executive officer of that State or 

political subdivision who has the authority to appoint or direct the chief law 

enforcement officer of that State or political subdivision) to coordinate efforts to 

investigate or protect against—

(A) actual or potential attack or other grave hostile acts of a 

foreign power or an agent of a foreign power;

(B) sabotage, international terrorism, or the international 

proliferation of weapons of mass destruction by a foreign power 

or an agent of a foreign power; or

(C) clandestine intelligence activities by an intelligence service 

or network of a foreign power or by an agent of a foreign power.

(2) Coordination authorized under paragraph (1) shall not preclude the 

certification required by section 104(a)(7)(B) or the entry of an order 

under section 105.

REPORT OF ELECTRONIC SURVEILLANCE

SEC. 107. [50 U.S.C. § 1807] 

(a) ANNUAL REPORT.—In April of each year, the Attorney General shall transmit 

to the Administrative Office of the United States Courts and to the congressional 

intelligence committees and the Committees on the Judiciary of the House of 

Representatives and the Senate a report setting forth with respect to the preceding 

calendar year—

(1) the total number of applications made for orders and extensions of 

orders approving electronic surveillance under this title;
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423

(2) the total number of such orders and extensions either granted, 

modified, or denied; and

(3) the total number of subjects targeted by electronic surveillance 

conducted under an order or emergency authorization under this title, 

rounded to the nearest 500, including the number of such individuals 

who are United States persons, reported to the nearest band of 500, 

starting with 0-499.

(b) FORM.—Each report under subsection (a) shall be submitted in unclassified 

form, to the extent consistent with national security. Not later than 7 days after 

the date on which the Attorney General submits each such report, the Attorney 

General shall make the report publicly available, or, if the Attorney General 

determines that the report cannot be made publicly available consistent with 

national security, the Attorney General may make publicly available an 

unclassified summary of the report or a redacted version of the report.

CONGRESSIONAL OVERSIGHT

SEC. 108. [50 U.S.C. § 1808] 

(a)(1) On a semiannual basis the Attorney General shall fully inform the 

Permanent Select Committee on Intelligence and the Committee on the Judiciary 

of the House of Representatives and the Select Committee on Intelligence and the 

Committee on the Judiciary of the Senate concerning all electronic surveillance 

under this title. Nothing in this title shall be deemed to limit the authority and 

responsibility of the appropriate committees of each House of Congress to obtain 

such information as they may need to carry out their respective functions and 

duties.

(2) Each report under the first sentence of paragraph (1) shall include a 

description of—

(A) the total number of applications made for orders and 

extensions of orders approving electronic surveillance under this 

title where the nature and location of each facility or place at 

which the electronic surveillance will be directed is unknown;

(B) each criminal case in which information acquired under this 

Act has been authorized for use at trial during the period covered 

by such report; 

(C) the total number of emergency employments of electronic 

surveillance under section 105(e) and the total number of 

subsequent orders approving or denying such electronic 

surveillance; and

(D) the total number of authorizations under section 105(f) and 

the total number of subsequent emergency employments of 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

424

electronic surveillance under section 105(e) or emergency 

physical searches pursuant to section 301(e).

(b) On or before one year after the effective date of this Act and on the same day 

each year for four years thereafter, the Permanent Select Committee on 

Intelligence and the Senate Select Committee on Intelligence shall report 

respectively to the House of Representatives and the Senate, concerning the 

implementation of this Act. Said reports shall include but not be limited to an 

analysis and recommendations concerning whether this Act should be (1) 

amended, (2) repealed, or (3) permitted to continue in effect without amendment.

PENALTIES

SEC. 109. [50 U.S.C. § 1809] 

(a) OFFENSE.—A person is guilty of an offense if he intentionally—

(1) engages in electronic surveillance under color of law except as 

authorized by this Act, chapter 119, 121, or 206 of title 18, United States 

Code, or any express statutory authorization that is an additional 

exclusive means for conducting electronic surveillance under section 

112; or

(2) disclose or uses information obtained under color of law by 

electronic surveillance, knowing or having reason to known that the 

information was obtained through electronic surveillance not authorized 

by this Act, chapter 119, 121, or 206 of title 18, United States Code, or 

any express statutory authorization that is an additional exclusive means 

for conducting electronic surveillance under section 112.

(b) DEFENSE.—It is a defense to a prosecution under subsection (a) that the 

defendant was a law enforcement or investigative officer engaged in the course 

of his official duties and the electronic surveillance was authorized by and 

conducted pursuant to a search warrant or court order of a court of competent 

jurisdiction.

(c) PENALTY.—An offense in this section is punishable by a fine of not more 

than $10,000 or imprisonment for not more than five years, or both.

(d) JURISDICTION.—There is Federal jurisdiction over an offense under this 

section if the person committing the offense was an officer or employee of the 

United States at the time the offense was committed.

CIVIL LIABILITY

SEC. 110. [50 U.S.C. § 1810] 

An aggrieved person, other than a foreign power or an agent of a foreign power, 

as defined in section 101 (a) or (b)(1)(A), respectively, who has been subjected to 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

425

an electronic surveillance or about whom information obtained by electronic 

surveillance of such person has been disclosed or used in violation of section 109 

shall have a cause of action against any person who committed such violation 

and shall be entitled to recover—

(a) actual damages, but not less than liquidated damages of $1,000 or 

$100 per day for each day of violation, whichever is greater;

(b) punitive damages; and

(c) reasonable attorney’s fees and other investigation and litigation costs 

reasonably incurred.

AUTHORIZATION DURING TIME OF WAR

SEC. 111. [50 U.S.C. § 1811] 

Notwithstanding any other law, the President, through the Attorney General, may 

authorize electronic surveillance without a court order under this title to acquire 

foreign intelligence information for a period not to exceed fifteen calendar days 

following a declaration of war by the Congress.

STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC SURVEILLANCE 

AND INTERCEPTION OF CERTAIN COMMUNICATIONS MAY BE CONDUCTED

SEC. 112. [50 U.S.C. § 1812]

(a) Except as provided in subsection (b), the procedures of chapters 119, 121, and 

206 of title 18, United States Code, and this Act shall be the exclusive means by 

which electronic surveillance and the interception of domestic wire, oral, or 

electronic communications may be conducted.

(b) Only an express statutory authorization for electronic surveillance or the 

interception of domestic wire, oral, or electronic communications, other than as 

an amendment to this Act or chapters 119, 121, or 206 of title 18, United States 

Code, shall constitute an additional exclusive means for the purpose of 

subsection (a).

TITLE II—CONFORMING AMENDMENTS

[SEC. 201. Amended Title 18.] 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

426

TITLE III—PHYSICAL SEARCHES WITHIN THE UNITED STATES 

FOR FOREIGN INTELLIGENCE PURPOSES

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 information”, “Attorney General”, 

“United States person”, “United States,” “person,” “weapon of mass 

destruction”, and “State” shall have the same meanings as in section 101 of this 

Act, except as specifically provided by this title.

(2) “Aggrieved person” means a person whose premises, property, information, 

or material is the target of physical search or any other person whose premises, 

property, information, or material was subject to physical search.

(3) “Foreign Intelligence Surveillance Court” means the court established by 

section 103(a) of this Act.

(4) “Minimization procedures” with respect to physical search, means—

(A) specific procedures, which shall be adopted by the Attorney General, 

that are reasonably designed in light of the purposes and technique of the 

particular physical search, to minimize the acquisition and retention, and 

prohibit the dissemination, of nonpublicly available information 

concerning unconsenting United States persons consistent with the need 

of the United States to obtain, produce, and disseminate foreign 

intelligence information;

(B) procedures that require that nonpublicly available information, which 

is not foreign intelligence information, as defined in section 101(e)(1) of 

this Act, shall not be disseminated in a manner that identifies any United 

States person, without such person’s consent, unless such person’s 

identity is necessary to understand such foreign intelligence information 

or assess its importance;

(C) notwithstanding subparagraphs (A) and (B), procedures that allow 

for the retention and dissemination of information that is evidence of a 

crime which has been, is being, or is about to be committed and that is to 

be retained or disseminated for law enforcement purposes; and

(D) notwithstanding subparagraphs (A), (B), and (C), with respect to any

physical search approved pursuant to section 302(a), procedures that 

require that no information, material, or property of a United States 

person shall be disclosed, disseminated, or used for any purpose or 

retained for longer than 72 hours unless a court order under section 304 

is obtained or unless the Attorney General determines that the 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

427

information indicates a threat of death or serious bodily harm to any 

person.

(5) “Physical search” means any physical intrusion within the United States into 

premises or property (including examination of the interior of property by 

technical means) that is intended to result in a seizure, reproduction, inspection, 

or alteration of information, material, or property, under circumstances in which 

a person has a reasonable expectation of privacy and a warrant would be required 

for law enforcement purposes, but does not include (A) “electronic surveillance”, 

as defined in section 101(f) of this Act, or (B) the acquisition by the United 

States Government of foreign intelligence information from international or 

foreign communications, or foreign intelligence activities conducted in 

accordance with otherwise applicable Federal law involving a foreign electronic 

communications system, utilizing a means other than electronic surveillance as 

defined in section 101(f) of this Act.

AUTHORIZATION OF PHYSICAL SEARCHES FOR 

FOREIGN INTELLIGENCE PURPOSES

SEC. 302. [50 U.S.C. § 1822] 

(a)(1) Notwithstanding any other provision of law, the President, acting through 

the Attorney General, may authorize physical searches without a court order 

under this title to acquire foreign intelligence information for periods of up to one 

year if—

(A) the Attorney General certifies in writing under oath that—

(i) the physical search is solely directed at premises, 

information, material, or property used exclusively by, 

or under the open and exclusive control of, a foreign 

power or powers (as defined in section 101(a)(1), (2), or 

(3));

(ii) there is no substantial likelihood that the physical 

search will involve the premises, information, material, 

or property of a United States person; and

(iii) the proposed minimization procedures with respect 

to such physical search meet the definition of 

minimization procedures under subparagraphs (A) 

through (D) of section 301(4); and

(B) the Attorney General reports such minimization procedures 

and any changes thereto to the Permanent Select Committee on 

Intelligence of the House of Representatives and the Select 

Committee on Intelligence of the Senate at least 30 days before 

their effective date, unless the Attorney General determines that 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

428

immediate action is required and notifies the committees 

immediately of such minimization procedures and the reason for 

their becoming effective immediately.

(2) A physical search authorized by this subsection may be conducted 

only in accordance with the certification and minimization procedures 

adopted by the Attorney General. The Attorney General shall assess 

compliance with such procedures and shall report such assessments to 

the Permanent Select Committee on Intelligence of the House of 

Representatives and the Select Committee on Intelligence of the Senate 

under the provisions of section 306.

(3) The Attorney General shall immediately transmit under seal to the 

Foreign Intelligence Surveillance Court a copy of the certification. Such 

certification shall be maintained under security measures established by 

the Chief Justice of the United States with the concurrence of the 

Attorney General, in consultation with the Director of National 

Intelligence, and shall remain sealed unless—

(A) an application for a court order with respect to the physical 

search is made under section 301(4) and section 303; or

(B) the certification is necessary to determine the legality of the 

physical search under section 305(g).

(4)(A) With respect to physical searches authorized by this subsection, 

the Attorney General may direct a specified landlord, custodian, or other 

specified person to—

(i) furnish all information, facilities, or assistance 

necessary to accomplish the physical search in such a 

manner as will protect its secrecy and produce a 

minimum of interference with the services that such 

landlord, custodian, or other person is providing the 

target of the physical search; and

(ii) maintain under security procedures approved by the 

Attorney General and the Director of National 

Intelligence any records concerning the search or the aid 

furnished that such person wishes to retain.

(B) The Government shall compensate, at the prevailing rate, 

such landlord, custodian, or other person for furnishing such aid.

(b) Applications for a court order under this title are authorized if the President 

has, by written authorization, empowered the Attorney General to approve 

applications to the Foreign Intelligence Surveillance Court. Notwithstanding any 

other provision of law, a judge of the court to whom application is made may 

grant an order in accordance with section 304 approving a physical search in the 

United States of the premises, property, information, or material of a foreign 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

429

power or an agent of a foreign power for the purpose of collecting foreign 

intelligence information.

(c) The Foreign Intelligence Surveillance Court shall have jurisdiction to hear 

applications for and grant orders approving a physical search for the purpose of 

obtaining foreign intelligence information anywhere within the United States 

under the procedures set forth in this title, except that no judge (except when 

sitting en banc) shall hear the same application which has been denied previously 

by another judge designated under section 103(a) of this Act. If any judge so 

designated denies an application for an order authorizing a physical search under 

this title, such judge shall provide immediately for the record a written statement 

of each reason for such decision and, on motion of the United States, the record 

shall be transmitted, under seal, to the court of review established under section 

103(b).

(d) The court of review established under section 103(b) shall have jurisdiction to 

review the denial of any application made under this title. If such court 

determines that the application was properly denied, the court shall provide for 

the record a written statement of each reason for its decision and, on petition of 

the United States for a writ of certiorari, the record shall be transmitted under 

seal to the Supreme Court, which shall have jurisdiction to review such decision.

(e) Judicial proceedings under this title shall be concluded as expeditiously as 

possible. The record of proceedings under this title, including applications made 

and orders granted, shall be maintained under security measures established by 

the Chief Justice of the United States in consultation with the Attorney General 

and the Director of National Intelligence.

APPLICATION FOR AN ORDER

SEC. 303. [50 U.S.C. § 1823] 

(a) Each application for an order approving a physical search under this title shall 

be made by a Federal officer in writing upon oath or affirmation to a judge of the 

Foreign Intelligence Surveillance Court. Each application shall require the 

approval of the Attorney General based upon the Attorney General’s finding that 

it satisfies the criteria and requirements for such application as set forth in this 

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 search, and 

a description of the premises or property to be searched and of the 

information, material, or property to be seized, reproduced, or altered;

(3) a statement of the facts and circumstances relied upon by the 

applicant to justify the applicant’s belief that—
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

430

(A) the target of the physical search is a foreign power or an 

agent of a foreign power; 

(B) the premises or property to be searched contains foreign 

intelligence information; and

(C) the premises or property to be searched is or is about to be 

owned, used, possessed by, or is in transit to or from a foreign 

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 sought and the 

manner in which the physical search is to be conducted;

(6) a certification or certifications by the Assistant to the President for 

National Security Affairs, an executive branch official or officials 

designated by the President from among those executive branch officers 

employed in the area of national security or defense and appointed by the 

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

Deputy Director of the Federal Bureau of Investigation, if designated by 

the President as a certifying official—

(A) that the certifying official deems the information sought to 

be foreign intelligence information;

(B) that a significant purpose of the search is to obtain foreign 

intelligence information;

(C) that such information cannot reasonably be obtained by 

normal investigative techniques;

(D) that designates the type of foreign intelligence information 

being sought according to the categories described in section 

101(e); and

(E) includes a statement explaining the basis for the certifications 

required by subparagraphs (C) and (D);

(7) where the physical search involves a search of the residence of a 

United States person, the Attorney General shall state what investigative 

techniques have previously been utilized to obtain the foreign 

intelligence information concerned and the degree to which these 

techniques resulted in acquiring such information; and

(8) a statement of the facts concerning all previous applications that have 

been made to any judge under this title involving any of the persons, 

premises, or property specified in the application, and the action taken on 

each previous application.

(b) The Attorney General may require any other affidavit or certification from 

any other officer in connection with the application.

(c) The judge may require the applicant to furnish such other information as may 

be necessary to make the determinations required by section 304.
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

431

(d)(1)(A) Upon written request of the Director of the Federal Bureau of 

Investigation, the Secretary of Defense, the Secretary of State, the Director of 

National Intelligence, or the Director of the Central Intelligence Agency, the 

Attorney General shall personally review under subsection (a) an application 

under that subsection for a target described in section 101(b)(2).

(B) Except when disabled or otherwise unavailable to make a 

request referred to in subparagraph (A), an official referred to in 

that subparagraph may not delegate the authority to make a 

request referred to in that subparagraph.

(C) Each official referred to in subparagraph (A) with authority 

to make a request under that subparagraph shall take appropriate 

actions in advance to ensure that delegation of such authority is 

clearly established in the event such official is disabled or 

otherwise unavailable to make such request.

(2)(A) If as a result of a request under paragraph (1) the Attorney 

General determines not to approve an application under the second 

sentence of subsection (a) for purposes of making the application under 

this section, the Attorney General shall provide written notice of the 

determination to the official making the request for the review of the 

application under that paragraph. Except when disabled or otherwise 

unavailable to make a determination under the preceding sentence, the 

Attorney General may not delegate the responsibility to make a 

determination under that sentence. The Attorney General shall take 

appropriate actions in advance to ensure that delegation of such 

responsibility is clearly established in the event the Attorney General is 

disabled or otherwise unavailable to make such determination.

(B) Notice with respect to an application under subparagraph (A) 

shall set forth the modifications, if any, of the application that are 

necessary in order for the Attorney General to approve the 

application under the second sentence of subsection (a) for 

purposes of making the application under this section.

(C) Upon review of any modifications of an application set forth 

under subparagraph (B), the official notified of the modifications 

under this paragraph shall modify the application if such official 

determines that such modification is warranted. Such official 

shall supervise the making of any modification under this 

subparagraph. Except when disabled or otherwise unavailable to 

supervise the making of any modification under the preceding 

sentence, such official may not delegate the responsibility to 

supervise the making of any modification under that preceding 

sentence. Each such official shall take appropriate actions in 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

432

advance to ensure that delegation of such responsibility is clearly 

established in the event such official is disabled or otherwise 

unavailable to supervise the making of such modification.

ISSUANCE OF AN ORDER

SEC. 304. [50 U.S.C. § 1824] 

(a) Upon an application made pursuant to section 303, the judge shall enter an ex 

parte order as requested or as modified approving the physical search if the judge 

finds that—

(1) the application has been made by a Federal officer and approved by 

the Attorney General;

(2) on the basis of the facts submitted by the applicant there is probable 

cause to believe that—

(A) the target of the physical search is a foreign power or an 

agent of a foreign power, except that no United States person 

may be considered an agent of a foreign power solely upon the 

basis of activities protected by the first amendment to the 

Constitution of the United States; and

(B) the premises or property to be searched is or is about to be 

owned, used, possessed by, or is in transit to or from an agent of 

a foreign power or a foreign power;

(3) the proposed minimization procedures meet the definition of 

minimization contained in this title; and

(4) the application which has been filed contains all statements and 

certifications required by section 303, and, if the target is a United States 

person, the certification or certifications are not clearly erroneous on the 

basis of the statement made under section 303(a)(6)(E) and any other 

information furnished under section 303(c).

(b) In determining whether or not probable cause exists for purposes of an order 

under subsection (a)(2), a judge may consider past activities of the target, as well

as facts and circumstances relating to current or future activities of the target.

(c) An order approving a physical search under this section shall—

(1) specify—

(A) the identity, if known, or a description of the target of the 

physical search;

(B) the nature and location of each of the premises or property to 

be searched;

(C) the type of information, material, or property to be seized, 

altered, or reproduced;
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433

(D) a statement of the manner in which the physical search is to 

be conducted and, whenever more than one physical search is 

authorized under the order, the authorized scope of each search 

and what minimization procedures shall apply to the information 

acquired by each search; and

(E) the period of time during which physical searches are 

approved; and

(2) direct—

(A) that the minimization procedures be followed;

(B) that, upon the request of the applicant, a specified landlord, 

custodian, or other specified person furnish the applicant 

forthwith all information, facilities, or assistance necessary to 

accomplish the physical search in such a manner as will protect 

its secrecy and produce a minimum of interference with the 

services that such landlord, custodian, or other person is 

providing the target of the physical search;

(C) that such landlord, custodian, or other person maintain under 

security procedures approved by the Attorney General and the 

Director of National Intelligence any records concerning the 

search or the aid furnished that such person wishes to retain;

(D) that the applicant compensate, at the prevailing rate, such 

landlord, custodian, or other person for furnishing such aid; and

(E) that the Federal officer conducting the physical search 

promptly report to the court the circumstances and results of the 

physical search.

(d)(1) An order issued under this section may approve a physical search for the 

period necessary to achieve its purpose, or for 90 days, whichever is less, except 

that (A) an order under this section shall approve a physical search targeted 

against a foreign power, as defined in paragraph (1), (2), or (3) of section 101(a), 

for the period specified in the application or for one year, whichever is less, and 

(B) an order under this section for a physical search targeted against an agent of a 

foreign power who is not a United States person may be for the period specified 

in the application or for 120 days, whichever is less.

(2) Extensions of an order issued under this title may be granted on the 

same basis as the original order upon an application for an extension and 

new findings made in the same manner as required for the original order, 

except that an extension of an order under this Act for a physical search 

targeted against a foreign power, as defined in paragraph (5), (6), or (7) 

of section 101(a), or against a foreign power, as defined in section 

101(a)(4), that is not a United States person, or against an agent of a 

foreign power who is not a United States person, may be for a period not 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

434

to exceed one year if the judge finds probable cause to believe that no 

property of any individual United States person will be acquired during 

the period.

(3) At or before the end of the period of time for which a physical search 

is approved by an order or an extension, or at any time after a physical 

search is carried out, the judge may assess compliance with the 

minimization procedures by reviewing the circumstances under which 

information concerning United States persons was acquired, retained, or 

disseminated.

(e)(1) Notwithstanding any other provision of this title, the Attorney General may 

authorize the emergency employment of a physical search if the Attorney 

General—

(A) reasonably determines that an emergency situation exists 

with respect to the employment of a physical search to obtain 

foreign intelligence information before an order authorizing such 

physical search can with due diligence be obtained;

(B) reasonably determines that the factual basis for issuance of 

an order under this title to approve such physical search exists;

(C) informs, either personally or through a designee, a judge of 

the Foreign Intelligence Surveillance Court at the time of such 

authorization that the decision has been made to employ an 

emergency physical search; and

(D) makes an application in accordance with this title to a judge 

of the Foreign Intelligence Surveillance Court as soon as 

practicable, but not more than 7 days after the Attorney General 

authorizes such physical search.

(2) If the Attorney General authorizes the emergency employment of a 

physical search under paragraph (1), the Attorney General shall require 

that the minimization procedures required by this title for the issuance of 

a judicial order be followed.

(3) In the absence of a judicial order approving such physical search, the 

physical search shall terminate when the information sought is obtained, 

when the application for the order is denied, or after the expiration of 7 

days from the time of authorization by the Attorney General, whichever 

is earliest.

(4) A denial of the application made under this subsection may be 

reviewed as provided in section 103.

(5) In the event that such application for approval is denied, or in any 

other case where the physical search is terminated and no order is issued 

approving the physical search, no information obtained or evidence 

derived from such physical search shall be received in evidence or 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

435

otherwise disclosed in any trial, hearing, or other proceeding in or before 

any court, grand jury, department, office, agency, regulatory body, 

legislative committee, or other authority of the United States, a State, or 

political subdivision thereof, and no information concerning any United 

States person acquired from such physical search shall subsequently be 

used or disclosed in any other manner by Federal officers or employees 

without the consent of such person, except with the approval of the 

Attorney General if the information indicates a threat of death or serious 

bodily harm to any person.

(6) The Attorney General shall assess compliance with the requirements 

of paragraph (5).

(f) Applications made and orders granted under this title shall be retained for a 

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 this title 

concerning any United States person may be used and disclosed by Federal 

officers and employees without the consent of the United States person only in 

accordance with the minimization procedures required by this title. No 

information acquired from a physical search pursuant to this title may be used or 

disclosed by Federal officers or employees except for lawful purposes.

(b) Where a physical search authorized and conducted pursuant to section 304 

involves the residence of a United States person, and, at any time after the search 

the Attorney General determines there is no national security interest in 

continuing to maintain the secrecy of the search, the Attorney General shall 

provide notice to the United States person whose residence was searched of the 

fact of the search conducted pursuant to this Act and shall identify any property 

of such person seized, altered, or reproduced during such search.

(c) No information acquired pursuant to this title shall be disclosed for law 

enforcement purposes unless such disclosure is accompanied by a statement that 

such information, or any information derived therefrom, may only be used in a 

criminal proceeding with the advance authorization of the Attorney General.

(d) Whenever the United States intends to enter into evidence or otherwise use or 

disclose in any trial, hearing, or other proceeding in or before any court, 

department, officer, agency, regulatory body, or other authority of the United 

States, against an aggrieved person, any information obtained or derived from a

physical search pursuant to the authority of this Act, the United States shall, prior 

to the trial, hearing, or the other proceeding or at a reasonable time prior to an 

effort to so disclose or so use that information or submit it in evidence, notify the 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

436

aggrieved person and the court or other authority in which the information is to 

be disclosed or used that the United States intends to so disclose or so use such 

information.

(e) Whenever any State or political subdivision thereof intends to enter into 

evidence or otherwise use or disclose in any trial, hearing, or other proceeding in 

or before any court, department, officer, agency, regulatory body, or other 

authority of a State or a political subdivision thereof against an aggrieved person 

any information obtained or derived from a physical search pursuant to the 

authority of this Act, the State or political subdivision thereof shall notify the 

aggrieved person, the court or other authority in which the information is to be 

disclosed or used, and the Attorney General that the State or political subdivision 

thereof intends to so disclose or so use such information.

(f)(1) Any person against whom evidence obtained or derived from a physical 

search to which he is an aggrieved person is to be, or has been, introduced or 

otherwise used or disclosed in any trial, hearing, or other proceeding in or before 

any court, department, officer, agency, regulatory body, or other authority of the 

United States, a State, or a political subdivision thereof, may move to suppress 

the evidence obtained or derived from such search on the grounds that—

(A) the information was unlawfully acquired; or

(B) the physical search was not made in conformity with an order 

of authorization or approval.

(2) Such a motion shall be made before the trial, hearing, or other 

proceeding unless there was no opportunity to make such a motion or the 

person was not aware of the grounds of the motion.

(g) Whenever a court or other authority is notified pursuant to subsection (d) or 

(e), or whenever a motion is made pursuant to subsection (f), or whenever any 

motion or request is made by an aggrieved person pursuant to any other statute or 

rule of the United States or any State before any court or other authority of the 

United States or any State to discover or obtain applications or orders or other 

materials relating to a physical search authorized by this title or to discover, 

obtain, or suppress evidence or information obtained or derived from a physical 

search authorized by this title, the United States district court or, where the 

motion is made before another authority, the United States district court in the 

same district as the authority shall, notwithstanding any other provision of law, if 

the Attorney General files an affidavit under oath that disclosure or any adversary 

hearing would harm the national security of the United States, review in camera 

and ex parte the application, order, and such other materials relating to the 

physical search as may be necessary to determine whether the physical search of 

the aggrieved person was lawfully authorized and conducted. In making this 

determination, the court may disclose to the aggrieved person, under appropriate 

security procedures and protective orders, portions of the application, order, or 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

437

other materials relating to the physical search, or may require the Attorney 

General to provide to the aggrieved person a summary of such materials, only 

where such disclosure is necessary to make an accurate determination of the 

legality of the physical search.

(h) If the United States district court pursuant to subsection (g) determines that 

the physical search was not lawfully authorized or conducted, it shall, in 

accordance with the requirements of law, suppress the evidence which was 

unlawfully obtained or derived from the physical search of the aggrieved person 

or otherwise grant the motion of the aggrieved person. If the court determines 

that the physical search was lawfully authorized or conducted, it shall deny the 

motion of the aggrieved person except to the extent that due process requires 

discovery or disclosure.

(i) Orders granting motions or requests under subsection (h), decisions under this 

section that a physical search was not lawfully authorized or conducted, and 

orders of the United States district court requiring review or granting disclosure 

of applications, orders, or other materials relating to the physical search shall be 

final orders and binding upon all courts of the United States and the several 

States except a United States Court of Appeals or the Supreme Court.

(j)(1) If an emergency execution of a physical search is authorized under section 

304(d) and a subsequent order approving the search is not obtained, the judge 

shall cause to be served on any United States person named in the application and 

on such other United States persons subject to the search as the judge may 

determine in his discretion it is in the 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 was not 

obtained.

(2) On an ex parte showing of good cause to the judge, the serving of the 

notice required by this subsection may be postponed or suspended for a 

period not to exceed 90 days. Thereafter, on a further ex parte showing 

of good cause, the court shall forego ordering the serving of the notice 

required under this subsection.

(k)(1) Federal officers who conduct physical searches to acquire foreign 

intelligence information under this title may consult with Federal law 

enforcement officers or law enforcement personnel of a State or political 

subdivision of a State (including the chief executive officer of that State or 

political subdivision who has the authority to appoint or direct the chief law 

enforcement officer of that State or political subdivision) to coordinate efforts to 

investigate or protect against—

(A) actual or potential attack or other grave hostile acts of a 

foreign power or an agent of a foreign power;
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438

(B) sabotage, international terrorism, or the international 

proliferation of weapons of mass destruction by a foreign power 

or an agent of a foreign power; or

(C) clandestine intelligence activities by an intelligence service 

or network of a foreign power or by an agent of a foreign power.

(2) Coordination authorized under paragraph (1) shall not preclude the 

certification required by section 303(a)(6) or the entry of an order under 

section 304.

CONGRESSIONAL OVERSIGHT

SEC. 306. [50 U.S.C. § 1826] 

On a semiannual basis the Attorney General shall fully inform the Permanent 

Select Committee on Intelligence and the Committee on the Judiciary of the 

House of Representatives and the Select Committee on Intelligence and the 

Committee on the Judiciary of the Senate concerning all physical searches 

conducted pursuant to this title. On a semiannual basis the Attorney General shall 

also provide to those committees a report setting forth with respect to the 

preceding six-month period—

(1) the total number of applications made for orders approving physical 

searches under this title;

(2) the total number of such orders either granted, modified, or denied;

(3) the number of physical searches which involved searches of the 

residences, offices, or personal property of United States persons, and 

the number of occasions, if any, where the Attorney General provided 

notice pursuant to section 305(b); and

(4) the total number of emergency physical searches authorized by the 

Attorney General under section 304(e) and the total number of 

subsequent orders approving or denying such physical searches.

PENALTIES

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 intelligence 

information, executes a physical search within the United States except 

as authorized by statute; or

(2) discloses or uses information obtained under color of law by physical 

search within the United States, knowing or having reason to know that 

the information was obtained through physical search not authorized by 

statute, for the purpose of obtaining intelligence information.
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439

(b) It is a defense to a prosecution under subsection (a) that the defendant was a 

law enforcement or investigative officer engaged in the course of his official 

duties and the physical search was authorized by and conducted pursuant to a 

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 more than 

$10,000 or imprisonment for not more than five years, or both.

(d) There is Federal jurisdiction over an offense under this section if the person 

committing the offense was an officer or employee of the United States at the 

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 foreign power, 

as defined in section 101 (a) or (b)(1)(A), respectively, of this Act, whose 

premises, property, information, or material has been subjected to a physical 

search within the United States or about whom information obtained by such a 

physical search has been disclosed or used in violation of section 307 shall have a 

cause of action against any person who committed such violation and shall be 

entitled to recover—

(1) actual damages, but not less than liquidated damages of $1,000 or 

$100 per day for each day of violation, whichever is greater;

(2) punitive damages; and

(3) reasonable attorney’s fees and other investigative and litigation costs 

reasonably incurred.

AUTHORIZATION DURING TIME OF WAR

SEC. 309. [50 U.S.C. § 1829] 

Notwithstanding any other provision of law, the President, through the Attorney 

General, may authorize physical searches without a court order under this title to 

acquire foreign intelligence information for a period not to exceed 15 calendar 

days following a declaration of war by the Congress.
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440

TITLE IV—PEN REGISTERS AND TRAP AND TRACE DEVICES 

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”, “Attorney General”, “United 

States person”, “United States”, “person”, and “State” shall have the same 

meanings as in section 101 of this Act.

(2) The terms “pen register” and “trap and trace device” have the meanings given 

such terms in section 3127 of title 18, United States Code.

(3) The term “aggrieved person” means any person—

(A) whose telephone line was subject to the installation or use of a pen 

register or trap and trace device authorized by this title; or

(B) whose communication instrument or device was subject to the use of 

a pen register or trap and trace device authorized by this title to capture 

incoming electronic or other communications impulses.

(4)(A) The term “specific selection term”—

(i) is a term that specifically identifies a person, account, 

address, or personal device, or any other specific identifier; and

(ii) is used to limit, to the greatest extent reasonably practicable, 

the scope of information sought, consistent with the purpose for 

seeking the use of the pen register or trap and trace device.

(B) A specific selection term under subparagraph (A) does not include an 

identifier that does not limit, to the greatest extent reasonably practicable, 

the scope of information sought, consistent with the purpose for seeking 

the use of the pen register or trap and trace device, such as an identifier 

that—

(i) identifies an electronic communication service provider (as 

that term is defined in section 701) or a provider of remote 

computing service (as that term is defined in section 2711 of title 

18, United States Code), when not used as part of a specific 

identifier as described in subparagraph (A), unless the provider is 

itself a subject of an authorized investigation for which the 

specific selection term is used as the basis for the use; or

(ii) identifies a broad geographic region, including the United 

States, a city, a county, a State, a zip code, or an area code, when 

not used as part of a specific identifier as described in 

subparagraph (A).
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441

(C) For purposes of subparagraph (A), the term “address” means a 

physical address or electronic address, such as an electronic mail address 

or temporarily assigned network address (including an Internet protocol 

address).

(D) Nothing in this paragraph shall be construed to preclude the use of 

multiple terms or identifiers to meet the requirements of subparagraph 

(A).

PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN 

INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS

SEC. 402. [50 U.S.C. § 1842] 

(a)(1) Notwithstanding any other provision of law, the Attorney General or a 

designated attorney for the Government may make an application for an order or 

an extension of an order authorizing or approving the installation and use of a 

pen register or trap and trace device for any investigation to obtain foreign 

intelligence information not concerning a United States person or to protect 

against international terrorism or clandestine intelligence activities, provided that 

such investigation of a United States person is not conducted solely upon the 

basis of activities protected by the first amendment to the Constitution which is 

being conducted by the Federal Bureau of Investigation under such guidelines as 

the Attorney General approves pursuant to Executive Order No. 12333, or a 

successor order.

(2) The authority under paragraph (1) is in addition to the authority under 

title I of this Act to conduct the electronic surveillance referred to in that 

paragraph.

(b) Each application under this section shall be in writing under oath or 

affirmation to—

(1) a judge of the court established by section 103(a) of this Act; or

(2) a United States Magistrate Judge under chapter 43 of title 28, United 

States Code, who is publicly designated by the Chief Justice of the 

United States to have the power to hear applications for and grant orders 

approving the installation and use of a pen register or trap and trace 

device on behalf of a judge of that court.

(c) Each application under this section shall require the approval of the Attorney 

General, or a designated attorney for the Government, and shall include—

(1) the identity of the Federal officer seeking to use the pen register or 

trap and trace device covered by the application;

(2) a certification by the applicant that the information likely to be 

obtained is foreign intelligence information not concerning a United 

States person or is relevant to an ongoing investigation to protect against 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

442

international terrorism or clandestine intelligence activities, provided that 

such investigation of a United States person is not conducted solely upon 

the basis of activities protected by the first amendment to the 

Constitution; and

(3) a specific selection term to be used as the basis for the use of the pen 

register or trap and trace device.

(d)(1) Upon an application made pursuant to this section, the judge shall enter an 

ex parte order as requested, or as modified, approving the installation and use of 

a pen register or trap and trace device if the judge finds that the application 

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 is the 

subject of the investigation;

(ii) the identity, if known, of the person to whom is 

leased or in whose name is listed the telephone line or 

other facility to which the pen register or trap and trace 

device is to be attached or applied; and

(iii) the attributes of the communications to which the 

order applies, such as the number or other identifier, and, 

if known, the location of the telephone line or other 

facility to which the pen register or trap and trace device 

is to be attached or applied and, in the case of a trap and 

trace device, the geographic limits of the trap and trace 

order;

(B) shall direct that—

(i) upon request of the applicant, the provider of a wire 

or electronic communication service, landlord, 

custodian, or other person shall furnish any information, 

facilities, or technical assistance necessary to accomplish 

the installation and operation of the pen register or trap 

and trace device in such a manner as will protect its 

secrecy and produce a minimum amount of interference 

with the services that such provider, landlord, custodian, 

or other person is providing the person concerned;

(ii) such provider, landlord, custodian, or other person—

(I) shall not disclose the existence of the 

investigation or of the pen register or trap and 

trace device to any person unless or until 

ordered by the court; and
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443

(II) shall maintain, under security procedures 

approved by the Attorney General and the 

Director of National Intelligence pursuant to 

section 105(b)(2)(C) of this Act, any records 

concerning the pen register or trap and trace 

device or the aid furnished; and

(iii) the applicant shall compensate such provider, 

landlord, custodian, or other person for reasonable 

expenses incurred by such provider, landlord, custodian, 

or other person in providing such information, facilities, 

or technical assistance; and

(C) shall direct that, upon the request of the applicant, the 

provider of a wire or electronic communication service shall 

disclose to the Federal officer using the pen register or trap and 

trace device covered by the order—

(i) in the case of the customer or subscriber using the 

service covered by the order (for the period specified by 

the order)—

(I) the name of the customer or subscriber;

(II) the address of the customer or subscriber;

(III) the telephone or instrument number, or 

other subscriber number or identifier, of the 

customer or subscriber, including any 

temporarily assigned network address or 

associated routing or transmission information;

(IV) the length of the provision of service by 

such provider to the customer or subscriber and 

the types of services utilized by the customer or 

subscriber;

(V) in the case of a provider of local or long 

distance telephone service, any local or long 

distance telephone records of the customer or

subscriber;

(VI) if applicable, any records reflecting period 

of usage (or sessions) by the customer or 

subscriber; and

(VII) any mechanisms and sources of payment 

for such service, including the number of any 

credit card or bank account utilized for payment 

for such service; and
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

444

(ii) if available, with respect to any customer or 

subscriber of incoming or outgoing communications to 

or from the service covered by the order—

(I) the name of such customer or subscriber;

(II) the address of such customer or subscriber;

(III) the telephone or instrument number, or 

other subscriber number or identifier, of such 

customer or subscriber, including any 

temporarily assigned network address or 

associated routing or transmission information; 

and

(IV) the length of the provision of service by 

such provider to such customer or subscriber and 

the types of services utilized by such customer 

or subscriber.

(3) A denial of the application made under this subsection may be 

reviewed as provided in section 103.

(e)(1) Except as provided in paragraph (2), an order issued under this section 

shall authorize the installation and use of a pen register or trap and trace device 

for a period not to exceed 90 days. Extensions of such an order may be granted, 

but only upon an application for an order under this section and upon the judicial 

finding required by subsection (d). The period of extension shall be for a period 

not to exceed 90 days.

(2) In the case of an application under subsection (c) where the applicant 

has certified that the information likely to be obtained is foreign 

intelligence information not concerning a United States person, an order, 

or an extension of an order, under this section may be for a period not to 

exceed one year.

(f) No cause of action shall lie in any court against any provider of a wire or 

electronic communication service, landlord, custodian, or other person (including 

any officer, employee, agent, or other specified person thereof) that furnishes any 

information, facilities, or technical assistance under subsection (d) in accordance 

with the terms of an order issued under this section.

(g) Unless otherwise ordered by the judge, the results of a pen register or trap and 

trace device shall be furnished at reasonable intervals during regular business 

hours for the duration of the order to the authorized Government official or 

officials.

(h) PRIVACY PROCEDURES.—

(1) IN GENERAL.—The Attorney General shall ensure that appropriate 

policies and procedures are in place to safeguard nonpublicly available 

information concerning United States persons that is collected through 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

445

the use of a pen register or trap and trace device installed under this 

section. Such policies and procedures shall, to the maximum extent 

practicable and consistent with the need to protect national security, 

include privacy protections that apply to the collection, retention, and use 

of information concerning United States persons.

(2) RULE OF CONSTRUCTION.—Nothing in this subsection limits the 

authority of the court established under section 103(a) or of the Attorney 

General to impose additional privacy or minimization procedures with 

regard to the installation or use of a pen register or trap and trace device.

AUTHORIZATION DURING EMERGENCIES

SEC. 403. [50 U.S.C. § 1843] 

(a) Notwithstanding any other provision of this title, when the Attorney General 

makes a determination described in subsection (b), the Attorney General may 

authorize the installation and use of a pen register or trap and trace device on an 

emergency basis to gather foreign intelligence information not concerning a 

United States person or information to protect against international terrorism or 

clandestine intelligence activities, provided that such investigation of a United 

States person is not conducted solely upon the basis of activities protected by the 

first amendment to the Constitution if—

(1) a judge referred to in section 402(b) of this Act is informed by the 

Attorney General or his designee at the time of such authorization that 

the decision has been made to install and use the pen register or trap and 

trace device, as the case may be, on an emergency basis; and

(2) an application in accordance with section 402 of this Act is made to 

such judge as soon as practicable, but not more than 7 days, after the 

Attorney General authorizes the installation and use of the pen register or 

trap and trace device, as the case may be, under this section.

(b) A determination under this subsection is a reasonable determination by the 

Attorney General that—

(1) an emergency requires the installation and use of a pen register or 

trap and trace device to obtain foreign intelligence information not 

concerning a United States person or information to protect against 

international terrorism or clandestine intelligence activities, provided that 

such investigation of a United States person is not conducted solely upon 

the basis of activities protected by the first amendment to the 

Constitution before an order authorizing the installation and use of the 

pen register or trap and trace device, as the case may be, can with due 

diligence be obtained under section 402 of this Act; and
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

446

(2) the factual basis for issuance of an order under such section 402 to 

approve the installation and use of the pen register or trap and trace 

device, as the case may be, exists.

(c)(1) In the absence of an order applied for under subsection (a)(2) approving 

the installation and use of a pen register or trap and trace device authorized under 

this section, the installation and use of the pen register or trap and trace device, as 

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 section 

402 of this Act; or

(C) 7 days after the time of the authorization by the Attorney 

General.

(2) In the event that an application for an order applied for under 

subsection (a)(2) is denied, or in any other case where the installation 

and use of a pen register or trap and trace device under this section is 

terminated and no order under section 402 of this Act is issued approving 

the installation and use of the pen register or trap and trace device, as the 

case may be, no information obtained or evidence derived from the use 

of the pen register or trap and trace device, as the case may be, shall be 

received in evidence or otherwise disclosed in any trial, hearing, or other 

proceeding in or before any court, grand jury, department, office, agency, 

regulatory body, legislative committee, or other authority of the United 

States, a State, or political subdivision thereof, and no information 

concerning any United States person acquired from the use of the pen 

register or trap and trace device, as the case may be, shall subsequently 

be used or disclosed in any other manner by Federal officers or 

employees without the consent of such person, except with the approval 

of the Attorney General if the information indicates a threat of death or 

serious bodily harm to any person.

(3) A denial of the application made under subsection (a)(2) may be 

reviewed as provided in section 103.

(d) PRIVACY PROCEDURES.—Information collected through the use of a pen 

register or trap and trace device installed under this section shall be subject to the 

policies and procedures required under section 402(h).

AUTHORIZATION DURING TIME OF WAR

SEC. 404. [50 U.S.C. § 1844] 

Notwithstanding any other provision of law, the President, through the Attorney 

General, may authorize the use of a pen register or trap and trace device without 

a court order under this title to acquire foreign intelligence information for a 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

447

period not to exceed 15 calendar days following a declaration of war by 

Congress.

USE OF INFORMATION

SEC. 405. [50 U.S.C. § 1845] 

(a)(1) Information acquired from the use of a pen register or trap and trace device 

installed pursuant to this title concerning any United States person may be used 

and disclosed by Federal officers and employees without the consent of the 

United States person only in accordance with the provisions of this section.

(2) No information acquired from a pen register or trap and trace device 

installed and used pursuant to this title may be used or disclosed by 

Federal officers or employees except for lawful purposes.

(b) No information acquired pursuant to this title shall be disclosed for law 

enforcement purposes unless such disclosure is accompanied by a statement that 

such information, or any information derived therefrom, may only be used in a 

criminal proceeding with the advance authorization of the Attorney General.

(c) Whenever the United States intends to enter into evidence or otherwise use or 

disclose in any trial, hearing, or other proceeding in or before any court, 

department, officer, agency, regulatory body, or other authority of the United 

States against an aggrieved person any information obtained or derived from the 

use of a pen register or trap and trace device pursuant to this title, the United 

States shall, before the trial, hearing, or the other proceeding or at a reasonable 

time before an effort to so disclose or so use that information or submit it in 

evidence, notify the aggrieved person and the court or other authority in which 

the information is to be disclosed or used that the United States intends to so 

disclose or so use such information.

(d) Whenever any State or political subdivision thereof intends to enter into 

evidence or otherwise use or disclose in any trial, hearing, or other proceeding in 

or before any court, department, officer, agency, regulatory body, or other 

authority of the State or political subdivision thereof against an aggrieved person 

any information obtained or derived from the use of a pen register or trap and 

trace device pursuant to this title, the State or political subdivision thereof shall 

notify the aggrieved person, the court or other authority in which the information 

is to be disclosed or used, and the Attorney General that the State or political 

subdivision thereof intends to so disclose or so use such information.

(e)(1) Any aggrieved person against whom evidence obtained or derived from the 

use of a pen register or trap and trace device is to be, or has been, introduced or 

otherwise used or disclosed in any trial, hearing, or other proceeding in or before 

any court, department, officer, agency, regulatory body, or other authority of the 

United States, or a State or political subdivision thereof, may move to suppress 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

448

the evidence obtained or derived from the use of the pen register or trap and trace 

device, as the case may be, on the grounds that—

(A) the information was unlawfully acquired; or

(B) the use of the pen register or trap and trace device, as the 

case may be, was not made in conformity with an order of 

authorization or approval under this title.

(2) A motion under paragraph (1) shall be made before the trial, hearing, 

or other proceeding unless there was no opportunity to make such a 

motion or the aggrieved person concerned was not aware of the grounds 

of the motion.

(f )(1) Whenever a court or other authority is notified pursuant to subsection (c) 

or (d), whenever a motion is made pursuant to subsection (e), or whenever any 

motion or request is made by an aggrieved person pursuant to any other statute or 

rule of the United States or any State before any court or other authority of the 

United States or any State to discover or obtain applications or orders or other 

materials relating to the use of a pen register or trap and trace device authorized 

by this title or to discover, obtain, or suppress evidence or information obtained 

or derived from the use of a pen register or trap and trace device authorized by 

this title, the United States district court or, where the motion is made before 

another authority, the United States district court in the same district as the 

authority shall, notwithstanding any other provision of law and if the Attorney 

General files an affidavit under oath that disclosure or any adversary hearing 

would harm the national security of the United States, review in camera and ex 

parte the application, order, and such other materials relating to the use of the pen 

register or trap and trace device, as the case may be, as may be necessary to 

determine whether the use of the pen register or trap and trace device, as the case 

may be, was lawfully authorized and conducted.

(2) In making a determination under paragraph (1), the court may 

disclose to the aggrieved person, under appropriate security procedures 

and protective orders, portions of the application, order, or other 

materials relating to the use of the pen register or trap and trace device, 

as the case may be, or may require the Attorney General to provide to the 

aggrieved person a summary of such materials, only where such 

disclosure is necessary to make an accurate determination of the legality 

of the use of the pen register or trap and trace device, as the case may be.

(g)(1) If the United States district court determines pursuant to subsection (f ) 

that the use of a pen register or trap and trace device was not lawfully authorized 

or conducted, the court may, in accordance with the requirements of law, 

suppress the evidence which was unlawfully obtained or derived from the use of 

the pen register or trap and trace device, as the case may be, or otherwise grant 

the motion of the aggrieved person.
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

449

(2) If the court determines that the use of the pen register or trap and 

trace device, as the case may be, was lawfully authorized or conducted, it 

may deny the motion of the aggrieved person except to the extent that 

due process requires discovery or disclosure.

(h) Orders granting motions or requests under subsection (g), decisions under this 

section that the use of a pen register or trap and trace device was not lawfully 

authorized or conducted, and orders of the United States district court requiring 

review or granting disclosure of applications, orders, or other materials relating 

to the installation and use of a pen register or trap and trace device shall be final 

orders and binding upon all courts of the United States and the several States 

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 Permanent 

Select Committee on Intelligence of the House of Representatives and the Select 

Committee on Intelligence of the Senate, and the Committee on the Judiciary of 

the House of Representatives and the Committee on the Judiciary of the Senate, 

concerning all uses of pen registers and trap and trace devices pursuant to this 

title.

(b) On a semiannual basis, the Attorney General shall also provide to the 

committees referred to in subsection (a) a report setting forth with respect to the 

preceding 6-month period—

(1) the total number of applications made for orders approving the use of 

pen registers or trap and trace devices under this title;

(2) the total number of such orders either granted, modified, or denied;

(3) the total number of pen registers and trap and trace devices whose 

installation and use was authorized by the Attorney General on an 

emergency basis under section 403, and the total number of subsequent 

orders approving or denying the installation and use of such pen registers 

and trap and trace devices;

(4) each department or agency on behalf of which the Attorney General 

or a designated attorney for the Government has made an application for 

an order authorizing or approving the installation and use of a pen 

register or trap and trace device under this title;

(5) for each department or agency described in paragraph (4), each 

number described in paragraphs (1), (2), and (3); and

(6) a good faith estimate of the total number of subjects who were 

targeted by the installation and use of a pen register or trap and trace 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

450

device under an order or emergency authorization issued under this title, 

rounded to the nearest 500, including—

(A) the number of such subjects who are United States persons, 

reported to the nearest band of 500, starting with 0-499; and

(B) of the number of United States persons described in 

subparagraph (A), the number of persons whose information 

acquired pursuant to such order was reviewed or accessed by a 

Federal officer, employee, or agent, reported to the nearest band 

of 500, starting with 0-499.

(c) Each report under subsection (b) shall be submitted in unclassified form, to 

the extent consistent with national security. Not later than 7 days after the date on 

which the Attorney General submits such a report, the Attorney General shall 

make the report publicly available, or, if the Attorney General determines that the 

report cannot be made publicly available consistent with national security, the 

Attorney General may make publicly available an unclassified summary of the 

report or a redacted version of the report.

TITLE V—ACCESS TO CERTAIN BUSINESS RECORDS 

FOR FOREIGN INTELLIGENCE PURPOSES

ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 

AND INTERNATIONAL TERRORISM INVESTIGATIONS

SEC. 501. [50 U.S.C. § 1861] 

(a)(1) Subject to paragraph (3), the Director of the Federal Bureau of 

Investigation or a designee of the Director (whose rank shall be no lower than 

Assistant Special Agent in Charge) may make an application for an order 

requiring the production of any tangible things (including books, records, papers, 

documents, and other items) for an investigation to obtain foreign intelligence 

information not concerning a United States person or to protect against 

international terrorism or clandestine intelligence activities, provided that such 

investigation of a United States person is not conducted solely upon the basis of 

activities protected by the first amendment to the Constitution.

(2) An investigation conducted under this section shall

(A) be conducted under guidelines approved by the Attorney 

General under Executive Order 12333 (or a successor order); and

(B) not be conducted of a United States person solely upon the 

basis of activities protected by the first amendment to the 

Constitution of the United States.

(3) In the case of an application for an order requiring the production of 

library circulation records, library patron lists, book sales records, book 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

451

customer lists, firearms sales records, tax return records, educational 

records, or medical records containing information that would identify a 

person, the Director of the Federal Bureau of Investigation may delegate 

the authority to make such application to either the Deputy Director of 

the Federal Bureau of Investigation or the Executive Assistant Director 

for National Security (or any successor position). The Deputy Director or 

the Executive Assistant Director may not further delegate such authority.

(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 of Title 

28, United States Code, who is publicly designated by the Chief 

Justice of the United States to have the power to hear 

applications and grant orders for the production of tangible 

things under this section on behalf of a judge of that court; and

(2) shall include—

(A) a specific selection term to be used as the basis for the 

production of the tangible things sought;

(B) in the case of an application other than an application 

described in subparagraph (C) (including an application for the 

production of call detail records other than in the manner 

described in subparagraph (C)), a statement of facts showing that 

there are reasonable grounds to believe that the tangible things 

sought are relevant to an authorized investigation (other than a 

threat assessment) conducted in accordance with subsection 

(a)(2) to obtain foreign intelligence information not concerning a 

United States person or to protect against international terrorism 

or clandestine intelligence activities, such things being 

presumptively relevant to an authorized investigation if the 

applicant shows in the statement of the facts that they pertain 

to—

(i) a foreign power or an agent of a foreign power;

(ii) the activities of a suspected agent of a foreign power 

who is the subject of such authorized investigation; or

(iii) an individual in contact with, or known to, a 

suspected agent of a foreign power who is the subject of 

such authorized investigation;

(C) in the case of an application for the production on an 

ongoing basis of call detail records created before, on, or after 

the date of the application relating to an authorized investigation 

(other than a threat assessment) conducted in accordance with 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

452

subsection (a)(2) to protect against international terrorism, a 

statement of facts showing that—

(i) there are reasonable grounds to believe that the call 

detail records sought to be produced based on the 

specific selection term required under subparagraph (A) 

are relevant to such investigation; and

(ii) there is a reasonable, articulable suspicion that such 

specific selection term is associated with a foreign power 

engaged in international terrorism or activities in 

preparation therefor, or an agent of a foreign power 

engaged in international terrorism or activities in 

preparation therefor; and

(D) an enumeration of the minimization procedures adopted by 

the Attorney General under subsection (g) that are applicable to 

the retention and dissemination by the Federal Bureau of 

Investigation of any tangible things to be made available to the 

Federal Bureau of Investigation based on the order requested in 

such application.

(c)(1) Upon an application made pursuant to this section, if the judge finds that 

the application meets the requirements of subsections (a) and (b) and that the 

minimization procedures submitted in accordance with subsection (b)(2)(D) meet 

the definition of minimization procedures under subsection (g), the judge shall 

enter an ex parte order as requested, or as modified, approving the release of 

tangible things. Such order shall direct that minimization procedures adopted 

pursuant to subsection (g) be followed.

(2) An order under this subsection—

(A) shall describe the tangible things that are ordered to be 

produced with sufficient particularity to permit them to be fairly 

identified, including each specific selection term to be used as

the basis for the production;

(B) shall include the date on which the tangible things must be 

provided, which shall allow a reasonable period of time within 

which the tangible things can be assembled and made available;

(C) shall provide clear and conspicuous notice of the principles 

and procedures described in subsection (d);

(D) may only require the production of a tangible thing if such 

thing can be obtained with a subpoena duces tecum issued by a 

court of the United States in aid of a grand jury investigation or 

with any other order issued by a court of the United States 

directing the production of records or tangible things;
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

453

(E) shall not disclose that such order is issued for purposes of an 

investigation described in subsection (a); and

(F) in the case of an application described in subsection 

(b)(2)(C), shall—

(i) authorize the production on a daily basis of call detail 

records for a period not to exceed 180 days;

(ii) provide that an order for such production may be 

extended upon application under subsection (b) and the 

judicial finding under paragraph (1) of this subsection;

(iii) provide that the Government may require the 

prompt production of a first set of call detail records 

using the specific selection term that satisfies the 

standard required under subsection (b)(2)(C)(ii);

(iv) provide that the Government may require the prompt 

production of a second set of call detail records using 

session-identifying information or a telephone calling 

card number identified by the specific selection term 

used to produce call detail records under clause (iii);

(v) provide that, when produced, such records be in a 

form that will be useful to the Government;

(vi) direct each person the Government directs to 

produce call detail records under the order to furnish the 

Government forthwith all information, facilities, or 

technical assistance necessary to accomplish the 

production in such a manner as will protect the secrecy 

of the production and produce a minimum of 

interference with the services that such person is 

providing to each subject of the production; and

(vii) direct the Government to—

(I) adopt minimization procedures that require 

the prompt destruction of all call detail records 

produced under the order that the Government 

determines are not foreign intelligence 

information; and

(II) destroy all call detail records produced under 

the order as prescribed by such procedures.

(3) No order issued under this subsection may authorize the collection of 

tangible things without the use of a specific selection term that meets the 

requirements of subsection (b)(2).

(4) A denial of the application made under this subsection may be 

reviewed as provided in section 103.
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

454

(d)(1) No person shall disclose to any other person that the Federal Bureau of 

Investigation has sought or obtained tangible things pursuant to an order issued 

or an emergency production required under this section, other than to

(A) those persons to whom disclosure is necessary to comply 

with such order or such emergency production;

(B) an attorney to obtain legal advice or assistance with respect 

to the production of things in response to the order or the 

emergency production; or

(C) other persons as permitted by the Director of the Federal 

Bureau of Investigation or the designee of the Director.

(2)(A) A person to whom disclosure is made pursuant to paragraph (1) 

shall be subject to the nondisclosure requirements applicable to a person 

to whom an order or emergency production is directed under this section 

in the same manner as such person.

(B) Any person who discloses to a person described in 

subparagraph (A), (B), or (C) of paragraph (1) that the Federal 

Bureau of Investigation has sought or obtained tangible things 

pursuant to an order or emergency production under this section 

shall notify such person of the nondisclosure requirements of this 

subsection.

(C) At the request of the Director of the Federal Bureau of 

Investigation or the designee of the Director, any person making 

or intending to make a disclosure under subparagraph (A) or (C) 

of paragraph (1) shall identify to the Director or such designee 

the person to whom such disclosure will be made or to whom 

such disclosure was made prior to the request.

(e)(1) No cause of action shall lie in any court against a person who—

(A) produces tangible things or provides information, facilities, 

or technical assistance in accordance with an order issued or an 

emergency production required under this section; or

(B) otherwise provides technical assistance to the Government 

under this section or to implement the amendments made to this 

section by the USA FREEDOM Act of 2015.

(2) A production or provision of information, facilities, or technical 

assistance described in paragraph (1) shall not be deemed to constitute a 

waiver of any privilege in any other proceeding or context.

(f)(1) In this subsection—

(A) the term “production order” means an order to produce any 

tangible thing under this section; and

(B) the term “nondisclosure order” means an order imposed 

under subsection (d).
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455

(2)(A)(i) A person receiving a production order may challenge 

the legality of the production order or any nondisclosure order 

imposed in connection with the production order by filing a 

petition with the pool established by section 103(e)(1).

(ii) The presiding judge shall immediately assign a 

petition under clause (i) to 1 of the judges serving in the 

pool established by section 103(e)(1). Not later than 72 

hours after the assignment of such petition, the assigned 

judge shall conduct an initial review of the petition. If 

the assigned judge determines that the petition is 

frivolous, the assigned judge shall immediately deny the 

petition and affirm the production order or nondisclosure 

order. If the assigned judge determines the petition is not 

frivolous, the assigned judge shall promptly consider the 

petition in accordance with the procedures established 

under section 103(e)(2).

(iii) The assigned judge shall promptly provide a written 

statement for the record of the reasons for any 

determination under this subsection. Upon the request of 

the Government, any order setting aside a nondisclosure 

order shall be stayed pending review pursuant to 

paragraph (3).

(B) A judge considering a petition to modify or set aside a 

production order may grant such petition only if the judge finds 

that such order does not meet the requirements of this section or 

is otherwise unlawful. If the judge does not modify or set aside 

the production order, the judge shall immediately affirm such 

order, and order the recipient to comply therewith.

(C)(i) A judge considering a petition to modify or set aside a 

nondisclosure order may grant such petition only if the judge 

finds that there is no reason to believe that disclosure may 

endanger the national security of the United States, interfere with 

a criminal, counterterrorism, or counterintelligence investigation, 

interfere with diplomatic relations, or endanger the life or 

physical safety of any person.

(ii) If the judge denies a petition to modify or set aside a 

nondisclosure order, the recipient of such order shall be 

precluded for a period of 1 year from filing another such 

petition with respect to such nondisclosure order.

(iii) Redesignated (ii)
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

456

(D) Any production or nondisclosure order not explicitly 

modified or set aside consistent with this subsection shall remain 

in full effect.

(3) A petition for review of a decision under paragraph (2) to affirm, 

modify, or set aside an order by the Government or any person receiving 

such order shall be made to the court of review established under section 

103(b), which shall have jurisdiction to consider such petitions. The 

court of review shall provide for the record a written statement of the 

reasons for its decision and, on petition by the Government or any person 

receiving such order for writ of certiorari, the record shall be transmitted 

under seal to the Supreme Court of the United States, which shall have 

jurisdiction to review such decision.

(4) Judicial proceedings under this subsection shall be concluded as 

expeditiously as possible. The record of proceedings, including petitions 

filed, orders granted, and statements of reasons for decision, shall be 

maintained under security measures established by the Chief Justice of 

the United States, in consultation with the Attorney General and the 

Director of National Intelligence.

(5) All petitions under this subsection shall be filed under seal. In any 

proceedings under this subsection, the court shall, upon request of the 

Government, review ex parte and in camera any Government 

submission, or portions thereof, which may include classified 

information.

(g) MINIMIZATION PROCEDURES.—

(1) IN GENERAL.—The Attorney General shall adopt, and update as 

appropriate, specific minimization procedures governing the retention 

and dissemination by the Federal Bureau of Investigation of any tangible 

things, or information therein, received by the Federal Bureau of

Investigation in response to an order under this title.

(2) DEFINED.—In this section, the term “minimization procedures”

means—

(A) specific procedures that are reasonably designed in light of 

the purpose and technique of an order for the production of 

tangible things, to minimize the retention, and prohibit the 

dissemination, of nonpublicly available information concerning 

unconsenting United States persons consistent with the need of 

the United States to obtain, produce, and disseminate foreign 

intelligence information;

(B) procedures that require that nonpublicly available 

information, which is not foreign intelligence information, as 

defined in section 101(e)(1) of this title, shall not be 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

457

disseminated in a manner that identifies any United States 

person, without such person’s consent, unless such person’s 

identity is necessary to understand foreign intelligence 

information or assess its importance; and

(C) notwithstanding subparagraphs (A) and (B), procedures that 

allow for the retention and dissemination of information that is 

evidence of a crime which has been, is being, or is about to be 

committed and that is to be retained or disseminated for law 

enforcement purposes.

(3) RULE OF CONSTRUCTION.—Nothing in this subsection shall limit the 

authority of the court established under section 103(a) to impose 

additional, particularized minimization procedures with regard to the 

production, retention, or dissemination of nonpublicly available 

information concerning unconsenting United States persons, including 

additional, particularized procedures related to the destruction of 

information within a reasonable time period.

(h) USE OF INFORMATION.—Information acquired from tangible things received 

by the Federal Bureau of Investigation in response to an order under this title

concerning any United States person may be used and disclosed by Federal 

officers and employees without the consent of the United States person only in 

accordance with the minimization procedures adopted pursuant to subsection (g). 

No otherwise privileged information acquired from tangible things received by 

the Federal Bureau of Investigation in accordance with the provisions of this title 

shall lose its privileged character. No information acquired from tangible things 

received by the Federal Bureau of Investigation in response to an order under this 

title may be used or disclosed by Federal officers or employees except for lawful 

purposes.

(i) EMERGENCY AUTHORITY FOR PRODUCTION OF TANGIBLE THINGS.—

(1) Notwithstanding any other provision of this section, the Attorney 

General may require the emergency production of tangible things if the 

Attorney General—

(A) reasonably determines that an emergency situation requires 

the production of tangible things before an order authorizing 

such production can with due diligence be obtained;

(B) reasonably determines that the factual basis for the issuance 

of an order under this section to approve such production of 

tangible things exists;

(C) informs, either personally or through a designee, a judge 

having jurisdiction under this section at the time the Attorney 

General requires the emergency production of tangible things 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

458

that the decision has been made to employ the authority under 

this subsection; and

(D) makes an application in accordance with this section to a 

judge having jurisdiction under this section as soon as 

practicable, but not later than 7 days after the Attorney General 

requires the emergency production of tangible things under this 

subsection.

(2) If the Attorney General requires the emergency production of 

tangible things under paragraph (1), the Attorney General shall require 

that the minimization procedures required by this section for the issuance 

of a judicial order be followed.

(3) In the absence of a judicial order approving the production of tangible 

things under this subsection, the production shall terminate when the 

information sought is obtained, when the application for the order is 

denied, or after the expiration of 7 days from the time the Attorney 

General begins requiring the emergency production of such tangible 

things, whichever is earliest.

(4) A denial of the application made under this subsection may be 

reviewed as provided in section 103.

(5) If such application for approval is denied, or in any other case where 

the production of tangible things is terminated and no order is issued 

approving the production, no information obtained or evidence derived 

from such production shall be received in evidence or otherwise 

disclosed in any trial, hearing, or other proceeding in or before any court, 

grand jury, department, office, agency, regulatory body, legislative 

committee, or other authority of the United States, a State, or a political 

subdivision thereof, and no information concerning any United States 

person acquired from such production shall subsequently be used or 

disclosed in any other manner by Federal officers or employees without 

the consent of such person, except with the approval of the Attorney 

General if the information indicates a threat of death or serious bodily 

harm to any person.

(6) The Attorney General shall assess compliance with the requirements 

of paragraph (5).

(j) COMPENSATION.—The Government shall compensate a person for reasonable 

expenses incurred for—

(1) producing tangible things or providing information, facilities, or 

assistance in accordance with an order issued with respect to an 

application described in subsection (b)(2)(C) or an emergency production 

under subsection (i) that, to comply with subsection (i)(1)(D), requires an 

application described in subsection (b)(2)(C); or
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(2) otherwise providing technical assistance to the Government under 

this section or to implement the amendments made to this section by the 

USA FREEDOM Act of 2015.

(k) DEFINITIONS.—In this section:

(1) IN GENERAL.—The terms “foreign power”, “agent of a foreign 

power”, “international terrorism”, “foreign intelligence information”, 

“Attorney General”, “United States person”, “United States”, “person”, 

and “State” have the meanings provided those terms in section 101.

(2) ADDRESS.—The term “address” means a physical address or 

electronic address, such as an electronic mail address or temporarily 

assigned network address (including an Internet protocol address).

(3) CALL DETAIL RECORD.—The term “call detail record”—

(A) means session-identifying information (including an 

originating or terminating telephone number, an International 

Mobile Subscriber Identity number, or an International Mobile 

Station Equipment Identity number), a telephone calling card 

number, or the time or duration of a call; and

(B) does not include—

(i) the contents (as defined in section 2510(8) of title 18, 

United States Code) of any communication;

(ii) the name, address, or financial information of a 

subscriber or customer; or

(iii) cell site location or global positioning system 

information.

(4) SPECIFIC SELECTION TERM.—

(A) TANGIBLE THINGS.—

(i) IN GENERAL.—Except as provided in subparagraph

(B), a “specific selection term”—

(I) is a term that specifically identifies a person, 

account, address, or personal device, or any 

other specific identifier; and

(II) is used to limit, to the greatest extent 

reasonably practicable, the scope of tangible 

things sought consistent with the purpose for 

seeking the tangible things.

(ii) LIMITATION.—A specific selection term under clause 

(i) does not include an identifier that does not limit, to 

the greatest extent reasonably practicable, the scope of 

tangible things sought consistent with the purpose for 

seeking the tangible things, such as an identifier that—
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460

(I) identifies an electronic communication 

service provider (as that term is defined in 

section 701) or a provider of remote computing 

service (as that term is defined in section 2711 

of title 18, United States Code), when not used 

as part of a specific identifier as described in 

clause (i), unless the provider is itself a subject 

of an authorized investigation for which the 

specific selection term is used as the basis for 

the production; or

(II) identifies a broad geographic region, 

including the United States, a city, a county, a 

State, a zip code, or an area code, when not used 

as part of a specific identifier as described in 

clause (i).

(iii) RULE OF CONSTRUCTION.—Nothing in this 

paragraph shall be construed to preclude the use of 

multiple terms or identifiers to meet the requirements of 

clause (i).

(B) CALL DETAIL RECORD APPLICATIONS.—For purposes of an 

application submitted under subsection (b)(2)(C), the term 

“specific selection term” means a term that specifically identifies 

an individual, account, or personal device.

CONGRESSIONAL OVERSIGHT

SEC. 502. [50 U.S.C. § 1862] 

(a) On an annual basis, the Attorney General shall fully inform the Permanent 

Select Committee on Intelligence and the Committee on the Judiciary of the 

House of Representatives and the Select Committee on Intelligence and the 

Committee on the Judiciary of the House of Representatives and the Committee 

on the Judiciary of the Senate concerning all requests for the production of 

tangible things under section 501.

(b) In April of each year, the Attorney General shall submit to the House and 

Senate Committees on the Judiciary and the House Permanent Select Committee 

on Intelligence and the Senate Select Committee on Intelligence a report setting 

forth with respect to the preceding calendar year—

(1) a summary of all compliance reviews conducted by the Government 

for the production of tangible things under section 501;

(2) the total number of applications described in section 501(b)(2)(B) 

made for orders approving requests for the production of tangible things;
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461

(3) the total number of such orders either granted, modified, or denied;

(4) the total number of applications described in section 501(b)(2)(C) 

made for orders approving requests for the production of call detail 

records;

(5) the total number of such orders either granted, modified, or denied;

(6) the total number of applications made for orders approving requests 

for the production of tangible things under section 501;

(7) the total number of such orders either granted, modified, or denied; 

and

(8) the number of such orders either granted, modified, or denied for the 

production of each of the following:

(A) Library circulation records, library patron lists, book sales 

records, or book customer lists.

(B) Firearms sales records.

(C) Tax return records.

(D) Educational records.

(E) Medical records containing information that would identify a 

person.

(c)(1) In April of each year, the Attorney General shall submit to Congress a 

report setting forth with respect to the preceding year—

(A) the total number of applications made for orders approving 

requests for the production of tangible things under section 501; 

(B) the total number of such orders either granted, modified, or 

denied;

(C) the total number of applications made for orders approving 

requests for the production of tangible things under section 501 

in which the specific selection term does not specifically identify 

an individual, account, or personal device; 

(D) the total number of orders described in subparagraph (C) 

either granted, modified, or denied; and

(E) with respect to orders described in subparagraph (D) that 

have been granted or modified, whether the court established 

under section 103 has directed additional, particularized 

minimization procedures beyond those adopted pursuant to 

section 501(g).

(2) Each report under this subsection shall be submitted in unclassified 

form.
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462

TITLE VI—OVERSIGHT

SEMIANNUAL REPORT OF THE ATTORNEY GENERAL

SEC. 601. [50 U.S.C. § 1871] 

(a) REPORT.—On a semiannual basis, the Attorney General shall submit to the 

Permanent Select Committee on Intelligence of the House of Representatives, the 

Select Committee on Intelligence of the Senate, and the Committees on the 

Judiciary of the House of Representatives and the Senate, in a manner consistent 

with the protection of the national security, a report setting forth with respect to 

the preceding 6-month period—

(1) the aggregate number of persons targeted for orders issued under this 

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 pursuant to 

section 101(b)(1)(C);

(3) the number of times that the Attorney General has authorized that 

information obtained under this Act may be used in a criminal 

proceeding or any information derived therefrom may be used in a 

criminal proceeding;

(4) a summary of significant legal interpretations of this Act involving 

matters before the Foreign Intelligence Surveillance Court or the Foreign 

Intelligence Surveillance Court of Review, including interpretations 

presented in applications or pleadings filed with the Foreign Intelligence 

Surveillance Court or the Foreign Intelligence Surveillance Court of 

Review by the Department of Justice; and

(5) copies of all decisions, orders, or opinions of the Foreign Intelligence 

Surveillance Court or Foreign Intelligence Surveillance Court of Review 

that include significant construction or interpretation of the provisions of 

this Act.

(b) FREQUENCY.—The first report under this section shall be submitted not later 

than 6 months after the date of enactment of this section. Subsequent reports 

under this section shall be submitted semi-annually thereafter.

(c) SUBMISSIONS TO CONGRESS.—The Attorney General shall submit to the 

committees of Congress referred to in subsection (a)—
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(1) not later than 45 days after the date on which the Foreign Intelligence 

Surveillance Court or the Foreign Intelligence Surveillance Court of 

Review issues a decision, order, or opinion, including any denial or 

modification of an application under this Act, that includes significant 

construction or interpretation of any provision of law or results in a 

change of application of any provision of this Act or a novel application 

of any provision of this Act, a copy of such decision, order, or opinion 

and any pleadings, applications, or memoranda of law associated with 

such decision, order, or opinion; and

(2) a copy of each such decision, order, or opinion, and any pleadings, 

applications, or memoranda of law associated with such decision, order, 

or opinion, that was issued during the 5-year period ending on the date of 

the enactment of the FISA Amendments Act of 2008 and not previously 

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 redactions 

of materials described in subsection (c) that are provided to the committees of 

Congress referred to in subsection (a), if such redactions are necessary to protect 

the national security of the United States and are limited to sensitive sources and 

methods information or the identities of targets.

(e) DEFINITIONS.—In this section:

(1) FOREIGN INTELLIGENCE SURVEILLANCE COURT.—The term 

“Foreign Intelligence Surveillance Court” means the court established 

under section 103(a).

(2) FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW.—The 

term “Foreign Intelligence Surveillance Court of Review” means the 

court established under section 103(b).

DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND OPINIONS

SEC. 602. [50 U.S.C. § 1872] 

(a) DECLASSIFICATION REQUIRED.—Subject to subsection (b), the Director of 

National Intelligence, in consultation with the Attorney General, shall conduct a

declassification review of each decision, order, or opinion issued by the Foreign 

Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of 

Review (as defined in section 601(e)) that includes a significant construction or 

interpretation of any provision of law, including any novel or significant 

construction or interpretation of the term “specific selection term”, and, 

consistent with that review, make publicly available to the greatest extent 

practicable each such decision, order, or opinion.
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464

(b) REDACTED FORM.—The Director of National Intelligence, in consultation 

with the Attorney General, may satisfy the requirement under subsection

(a) to make a decision, order, or opinion described in such subsection publicly 

available to the greatest extent practicable by making such decision, order, or 

opinion publicly available in redacted form.

(c) NATIONAL SECURITY WAIVER.—The Director of National Intelligence, in 

consultation with the Attorney General, may waive the requirement to declassify 

and make publicly available a particular decision, order, or opinion under 

subsection (a), if—

(1) the Director of National Intelligence, in consultation with the 

Attorney General, determines that a waiver of such requirement is 

necessary to protect the national security of the United States or properly 

classified intelligence sources or methods; and

(2) the Director of National Intelligence makes publicly available an 

unclassified statement prepared by the Attorney General, in consultation 

with the Director of National Intelligence—

(A) summarizing the significant construction or interpretation of 

any provision of law, which shall include, to the extent 

consistent with national security, a description of the context in 

which the matter arises and any significant construction or 

interpretation of any statute, constitutional provision, or other 

legal authority relied on by the decision; and

(B) that specifies that the statement has been prepared by the

Attorney General and constitutes no part of the opinion of the 

Foreign Intelligence Surveillance Court or the Foreign 

Intelligence Surveillance Court of Review.

ANNUAL REPORTS

SEC. 603. [50 U.S.C. § 1873] 

(a) REPORT BY DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE UNITED 

STATES COURTS.—

(1) REPORT REQUIRED.—The Director of the Administrative Office of 

the United States Courts shall annually submit to the Permanent Select 

Committee on Intelligence and the Committee on the Judiciary of the 

House of Representatives and the Select Committee on Intelligence and 

the Committee on the Judiciary of the Senate, subject to a declassification 

review by the Attorney General and the Director of National Intelligence, 

a report that includes—
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(A) the number of applications or certifications for orders 

submitted under each of sections 105, 304, 402, 501, 702, 703, 

and 704;

(B) the number of such orders granted under each of those 

sections;

(C) the number of orders modified under each of those sections;

(D) the number of applications or certifications denied under 

each of those sections;

(E) the number of appointments of an individual to serve as 

amicus curiae under section 103, including the name of each 

individual appointed to serve as amicus curiae; and

(F) the number of findings issued under section 103(i) that such 

appointment is not appropriate and the text of any such findings.

(2) PUBLICATION.—The Director shall make the report required under 

paragraph (1) publicly available on an Internet Web site, except that the 

Director shall not make publicly available on an Internet Web site the 

findings described in subparagraph (F) of paragraph (1).

(b) MANDATORY REPORTING BY DIRECTOR OF NATIONAL INTELLIGENCE.—

Except as provided in subsection (d), the Director of National Intelligence shall 

annually make publicly available on an Internet Web site a report that identifies, 

for the preceding 12-month period—

(1) the total number of orders issued pursuant to titles I and III and 

sections 703 and 704 and a good faith estimate of—

(A) the number of targets of such orders;

(B) the number of targets of such orders who are known to not 

be United States persons; and

(C) the number of targets of such orders who are known to be 

United States persons;

(2) the total number of orders issued pursuant to section 702, including 

pursuant to subsection (f)(2) of such section, and a good faith estimate 

of—

(A) the number of targets of such orders;

(B) the number of search terms concerning a known United 

States person used to retrieve the unminimized contents of 

electronic communications or wire communications obtained 

through acquisitions authorized under such section, excluding 

the number of search terms used to prevent the return of 

information concerning a United States person;

(C) the number of queries concerning a known United States 

person of unminimized noncontents information relating to 

electronic communications or wire communications obtained 
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466

through acquisitions authorized under such section, excluding 

the number of queries containing information used to prevent the 

return of information concerning a United States person;

(D) the number of instances in which the Federal Bureau of 

Investigation opened, under the Criminal Investigative Division 

or any successor division, an investigation of a United States 

person (who is not considered a threat to national security) based 

wholly or in part on an acquisition authorized under such 

section;

(3) the total number of orders issued pursuant to title IV and a good faith 

estimate of—

(A) the number of targets of such orders, including—

(i) the number of targets of such orders who are known 

to not be United States persons; and

(ii) the number of targets of such orders who are known 

to be United States persons; and

(B) the number of unique identifiers used to communicate 

information collected pursuant to such orders;

(4) the number of criminal proceedings in which the United States or a 

State or political subdivision thereof provided notice pursuant to 

subsection (c) or (d) of section 106 (including with respect to information 

acquired from an acquisition conducted under section 702) or subsection 

(d) or (e) of section 305 of the intent of the government to enter into 

evidence or otherwise use or disclose any information obtained or derived 

from electronic surveillance, physical search, or an acquisition conducted 

pursuant to this Act;

(5) the total number of orders issued pursuant to applications made under 

section 501(b)(2)(B) and a good faith estimate of—

(A) the number of targets of such orders; and

(B) the number of unique identifiers used to communicate 

information collected pursuant to such orders;

(6) the total number of orders issued pursuant to applications made under 

section 501(b)(2)(C) and a good faith estimate of—

(A) the number of targets of such orders;

(B) the number of unique identifiers used to communicate 

information collected pursuant to such orders; and

(C) the number of search terms that included information 

concerning a United States person that were used to query any 

database of call detail records obtained through the use of such 

orders; and
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467

(7) the total number of national security letters issued and the number of 

requests for information contained within such national security letters.

(c) TIMING.—The annual reports required by subsections (a) and (b) shall 

be made publicly available during April of each year and include 

information relating to the previous calendar year.

(d) EXCEPTIONS.—

(1) STATEMENT OF NUMERICAL RANGE.—If a good faith estimate 

required to be reported under subparagraph (B) of any of paragraphs (3), 

(5), or (6) of subsection (b) is fewer than 500, it shall be expressed as a 

numerical range of “fewer than 500” and shall not be expressed as an 

individual number.

(2) NONAPPLICABILITY TO CERTAIN INFORMATION.—

(A) FEDERAL BUREAU OF INVESTIGATION.—Paragraphs (2)(B), 

(2)(C), and (6)(C) of subsection (b) shall not apply to 

information or records held by, or queries conducted by, the 

Federal Bureau of Investigation, except with respect to 

information required under paragraph (2) relating to orders 

issued under section 702(f)(2).

(B) ELECTRONIC MAIL ADDRESS AND TELEPHONE NUMBERS.—

Paragraph (3)(B) of subsection (b) shall not apply to orders 

resulting in the acquisition of information by the Federal Bureau 

of Investigation that does not include electronic mail addresses 

or telephone numbers.

(3) CERTIFICATION.—

(A) IN GENERAL.—If the Director of National Intelligence 

concludes that a good faith estimate required to be reported 

under subsection (b)(2)(C) cannot be determined accurately 

because some but not all of the relevant elements of the 

intelligence community are able to provide such good faith 

estimate, the Director shall—

(i) certify that conclusion in writing to the Select 

Committee on Intelligence and the Committee on the 

Judiciary of the Senate and the Permanent Select 

Committee on Intelligence and the Committee on the 

Judiciary of the House of Representatives;

(ii) report the good faith estimate for those relevant 

elements able to provide such good faith estimate;

(iii) explain when it is reasonably anticipated that such 

an estimate will be able to be determined fully and 

accurately; and
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468

(iv) make such certification publicly available on an 

Internet Web site.

(B) FORM.—A certification described in subparagraph (A) shall 

be prepared in unclassified form, but may contain a classified 

annex.

(C) TIMING.—If the Director of National Intelligence continues 

to conclude that the good faith estimates described in this 

paragraph cannot be determined accurately, the Director shall 

annually submit a certification in accordance with this 

paragraph.

(e) DEFINITIONS.—In this section:

(1) CONTENTS.—The term “contents” has the meaning given that term 

under section 2510 of title 18, United States Code.

(2) ELECTRONIC COMMUNICATION.—The term “electronic 

communication” has the meaning given that term under section 2510 of 

title 18, United States Code.

(3) NATIONAL SECURITY LETTER.—The term “national security letter”

means a request for a report, records, or other information under—

(A) section 2709 of title 18, United States Code;

(B) section 1114(a)(5)(A) of the Right to Financial Privacy Act 

of 1978 (12 U.S.C. 3414(a)(5)(A));

(C) subsection (a) or (b) of section 626 of the Fair Credit 

Reporting Act (15 U.S.C. 1681u(a), 1681u(b)); or

(D) section 627(a) of the Fair Credit Reporting Act (15 U.S.C. 

1681v(a)).

(4) UNITED STATES PERSON.—The term “United States person” means a 

citizen of the United States or an alien lawfully admitted for permanent 

residence (as defined in section 101(a) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a))).

(5) WIRE COMMUNICATION.—The term “wire communication” has the 

meaning given that term under section 2510 of title 18, United States 

Code.

PUBLIC REPORTING BY PERSONS SUBJECT TO ORDERS

SEC. 604. [50 U.S.C. § 1874] 

(a) REPORTING.—A person subject to a nondisclosure requirement 

accompanying an order or directive under this Act or a national security letter 

may, with respect to such order, directive, or national security letter, publicly 

report the following information using one of the following structures:
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(1) A semiannual report that aggregates the number of orders, directives, 

or national security letters with which the person was required to comply 

into separate categories of—

(A) the number of national security letters received, reported in 

bands of 1000 starting with 0-999;

(B) the number of customer selectors targeted by national 

security letters, reported in bands of 1000 starting with 0-999;

(C) the number of orders or directives received, combined, under 

this Act for contents, reported in bands of 1000 starting with 0-

999;

(D) the number of customer selectors targeted under orders or 

directives received, combined, under this Act for contents, 

reported in bands of 1000 starting with 0-999;

(E) the number of orders received under this Act for 

noncontents, reported in bands of 1000 starting with 0-999; and

(F) the number of customer selectors targeted under orders under 

this Act for noncontents, reported in bands of 1000 starting with 

0-999, pursuant to—

(i) title IV;

(ii) title V with respect to applications described in 

section 501(b)(2)(B); and

(iii) title V with respect to applications described in 

section 501(b)(2)(C).

(2) A semiannual report that aggregates the number of orders, directives, 

or national security letters with which the person was required to comply 

into separate categories of—

(A) the number of national security letters received, reported in 

bands of 500 starting with 0-499;

(B) the number of customer selectors targeted by national 

security letters, reported in bands of 500 starting with 0-499;

(C) the number of orders or directives received, combined, under 

this Act for contents, reported in bands of 500 starting with 0-

499;

(D) the number of customer selectors targeted under orders or 

directives received, combined, under this Act for contents, 

reported in bands of 500 starting with 0-499;

(E) the number of orders received under this Act for 

noncontents, reported in bands of 500 starting with 0-499; and

(F) the number of customer selectors targeted under orders 

received under this Act for noncontents, reported in bands of 500 

starting with 0-499.
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470

(3) A semiannual report that aggregates the number of orders, directives, 

or national security letters with which the person was required to comply 

into separate categories of—

(A) the total number of all national security process received, 

including all national security letters, and orders or directives 

under this Act, combined, reported in bands of 250 starting with 

0-249; and

(B) the total number of customer selectors targeted under all 

national security process received, including all national security 

letters, and orders or directives under this Act, combined, 

reported in bands of 250 starting with 0-249.

(4) An annual report that aggregates the number of orders, directives, and 

national security letters the person was required to comply with into 

separate categories of—

(A) the total number of all national security process received, 

including all national security letters, and orders or directives 

under this Act, combined, reported in bands of 100 starting with 

0-99; and

(B) the total number of customer selectors targeted under all 

national security process received, including all national security 

letters, and orders or directives under this Act, combined, 

reported in bands of 100 starting with 0-99.

(b) PERIOD OF TIME COVERED BY REPORTS.—

(1) A report described in paragraph (1) or (2) of subsection (a) shall 

include only information—

(A) relating to national security letters for the previous 180 days; 

and

(B) relating to authorities under thisAct for the 180-day period of 

time ending on the date that is not less than 180 days prior to the 

date of the publication of such report, except that with respect to 

a platform, product, or service for which a person did not 

previously receive an order or directive (not including an 

enhancement to or iteration of an existing publicly available 

platform, product, or service) such report shall not include any 

information relating to such new order or directive until 540 days 

after the date on which such new order or directive is received.

(2) A report described in paragraph (3) of subsection (a) shall include 

only information relating to the previous 180 days.

(3) A report described in paragraph (4) of subsection (a) shall include 

only information for the 1-year period of time ending on the date that is 

not less than 1 year prior to the date of the publication of such report.
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471

(c) OTHER FORMS OF AGREED TO PUBLICATION.—Nothing in this section 

prohibits the Government and any person from jointly agreeing to the publication 

of information referred to in this subsection in a time, form, or manner other than 

as described in this section.

(d) DEFINITIONS.—In this section:

(1) CONTENTS.—The term “contents” has the meaning given that term 

under section 2510 of title 18, United States Code.

(2) NATIONAL SECURITY LETTER.—The term “national security letter”

has the meaning given that term under section 603.

TITLE VII—ADDITIONAL PROCEDURES REGARDING CERTAIN 

PERSONS OUTSIDE THE UNITED STATES

DEFINITIONS

SEC. 701. [50 U.S.C. § 1881]

(a) IN GENERAL.—In this title, the terms “agent of a foreign power”, “Attorney 

General”, “contents”, “electronic surveillance”, “foreign intelligence 

information”, “foreign power”, “person”, “United States”, and “United States 

person” have the meanings given such terms in section 101, except as 

specifically provided in this title.

(b) ADDITIONAL DEFINITIONS.—In this title:

(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.—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 

House of Representatives.

(2) FOREIGN INTELLIGENCE SURVEILLANCE COURT; COURT.—The 

terms “Foreign Intelligence Surveillance Court” and “Court” mean the 

court established under section 103(a).

(3) FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW; COURT 

OF REVIEW.—The terms “Foreign Intelligence Surveillance Court of 

Review” and “Court of Review” mean the court established under 

section 103(b).

(4) ELECTRONIC COMMUNICATION SERVICE PROVIDER.—The term 

“electronic communication service provider” means—

(A) a telecommunications carrier, as that term is defined in 

section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(B) a provider of electronic communication service, as that term

is defined in section 2510 of title 18, United States Code;
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472

(C) a provider of a remote computing service, as that term is 

defined in section 2711 of title 18, United States Code;

(D) any other communication service provider who has access to 

wire or electronic communications either as such 

communications are transmitted or as such communications are 

stored; or

(E) an officer, employee, or agent of an entity described in 

subparagraph (A), (B), (C), or (D).

(5) INTELLIGENCE COMMUNITY.—The term “intelligence community”

has the meaning given the term in section 3(4) of the National Security 

Act of 1947 (50 U.S.C. [3003(4)]).

PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE 

UNITED STATES OTHER THAN UNITED STATES PERSONS

SEC. 702. [50 U.S.C. § 1881a]

(a) AUTHORIZATION.—Notwithstanding any other provision of law, upon the 

issuance of an order in accordance with subsection (j)(3) or a determination 

under subsection (c)(2), the Attorney General and the Director of National 

Intelligence may authorize jointly, for a period of up to 1 year from the effective 

date of the authorization, the targeting of persons reasonably believed to be 

located outside the United States to acquire foreign intelligence information.

(b) LIMITATIONS.—An acquisition authorized under subsection (a)—

(1) may not intentionally target any person known at the time of 

acquisition to be located in the United States;

(2) may not intentionally target a person reasonably believed to be 

located outside the United States if the purpose of such acquisition is to 

target a particular, known person reasonably believed to be in the United 

States;

(3) may not intentionally target a United States person reasonably 

believed to be located outside the United States;

(4) may not intentionally acquire any communication as to which the 

sender and all intended recipients are known at the time of the 

acquisition to be located in the United States;

(5) may not intentionally acquire communications that contain a 

reference to, but are not to or from, a target of an acquisition authorized 

under subsection (a), except as provided under section 103(b) of the 

FISA Amendments Reauthorization Act of 2017; and

(6) shall be conducted in a manner consistent with the fourth amendment 

to the Constitution of the United States.
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473

(c) CONDUCT OF ACQUISITION.—

(1) IN GENERAL.—An acquisition authorized under subsection (a) shall 

be conducted only in accordance with—

(A) the targeting and minimization procedures adopted in 

accordance with subsections (d) and (e); and

(B) upon submission of a certification in accordance with 

subsection (h), such certification.

(2) DETERMINATION.—A determination under this paragraph and for 

purposes of subsection (a) is a determination by the Attorney General 

and the Director of National Intelligence that exigent circumstances exist 

because, without immediate implementation of an authorization under 

subsection (a), intelligence important to the national security of the 

United States may be lost or not timely acquired and time does not 

permit the issuance of an order pursuant to subsection (j)(3) prior to the 

implementation of such authorization.

(3) TIMING OF DETERMINATION.—The Attorney General and the 

Director of National Intelligence may make the determination under 

paragraph (2)—

(A) before the submission of a certification in accordance with 

subsection (h); or

(B) by amending a certification pursuant to subsection (j)(1)(C) 

at any time during which judicial review under subsection (j) of 

such certification is pending.

(4) CONSTRUCTION.—Nothing in title I shall be construed to require an 

application for a court order under such title for an acquisition that is 

targeted in accordance with this section at a person reasonably believed 

to be located outside the United States.

(d) TARGETING PROCEDURES.—

(1) REQUIREMENT TO ADOPT.—The Attorney General, in consultation 

with the Director of National Intelligence, shall adopt targeting 

procedures that are reasonably designed to—

(A) ensure that any acquisition authorized under subsection (a) is 

limited to targeting persons reasonably believed to be located 

outside the United States; and

(B) prevent the intentional acquisition of any communication as 

to which the sender and all intended recipients are known at the 

time of the acquisition to be located in the United States.

(2) JUDICIAL REVIEW.—The procedures adopted in accordance with 

paragraph (1) shall be subject to judicial review pursuant to subsection 

(j).
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474

(e) MINIMIZATION PROCEDURES.—

(1) REQUIREMENT TO ADOPT.—The Attorney General, in consultation 

with the Director of National Intelligence, shall adopt minimization 

procedures that meet the definition of minimization procedures under 

section 101(h) or section 301(4), as appropriate, for acquisitions 

authorized under subsection (a).

(2) JUDICIAL REVIEW.—The minimization procedures adopted in 

accordance with paragraph (1) shall be subject to judicial review 

pursuant to subsection (j).

(3) PUBLICATION.—The Director of National Intelligence, in 

consultation with the Attorney General, shall—

(A) conduct a declassification review of any minimization 

procedures adopted or amended in accordance with paragraph 

(1); and

(B) consistent with such review, and not later than 180 days after 

conducting such review, make such minimization procedures 

publicly available to the greatest extent practicable, which may 

be in redacted form.

(f) QUERIES.—

(1) PROCEDURES REQUIRED.—

(A) REQUIREMENT TO ADOPT.—The Attorney General, in 

consultation with the Director of National Intelligence, shall 

adopt querying procedures consistent with the requirements of 

the fourth amendment to the Constitution of the United States for 

information collected pursuant to an authorization under 

subsection (a).

(B) RECORD OF UNITED STATES PERSON QUERY TERMS.—The 

Attorney General, in consultation with the Director of National 

Intelligence, shall ensure that the procedures adopted under 

subparagraph (A) include a technical procedure whereby a 

record is kept of each United States person query term used for a 

query.

(C) JUDICIAL REVIEW.—The procedures adopted in accordance 

with subparagraph (A) shall be subject to judicial review 

pursuant to subsection (j).

(2) ACCESS TO RESULTS OF CERTAIN QUERIES CONDUCTED BY FBI.—

(A) COURT ORDER REQUIRED FOR FBI REVIEW OF CERTAIN

QUERY RESULTS IN CRIMINAL INVESTIGATIONS UNRELATED TO

NATIONAL SECURITY.—Except as provided by subparagraph 

(E), in connection with a predicated criminal investigation 

opened by the Federal Bureau of Investigation that does not 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

475

relate to the national security of the United States, the Federal 

Bureau of Investigation may not access the contents of 

communications acquired under subsection (a) that were 

retrieved pursuant to a query made using a United States person 

query term that was not designed to find and extract foreign 

intelligence information unless—

(i) the Federal Bureau of Investigation applies for an 

order of the Court under subparagraph (C); and

(ii) the Court enters an order under subparagraph (D) 

approving such application.

(B) JURISDICTION.—The Court shall have jurisdiction to review 

an application and to enter an order approving the access 

described in subparagraph (A).

(C) APPLICATION.—Each application for an order under this 

paragraph shall be made by a Federal officer in writing upon 

oath or affirmation to a judge having jurisdiction under 

subparagraph (B). Each application shall require the approval of 

the Attorney General based upon the finding of the Attorney 

General that the application satisfies the criteria and 

requirements of such application, as set forth in this paragraph, 

and shall include—

(i) the identity of the Federal officer making the 

application; and

(ii) an affidavit or other information containing a 

statement of the facts and circumstances relied upon by 

the applicant to justify the belief of the applicant that the 

contents of communications described in subparagraph 

(A) covered by the application would provide evidence 

of—

(I) criminal activity;

(II) contraband, fruits of a crime, or other items 

illegally possessed by a third party; or

(III) property designed for use, intended for use, 

or used in committing a crime.

(D) ORDER.—Upon an application made pursuant to 

subparagraph (C), the Court shall enter an order approving the 

accessing of the contents of communications described in 

subparagraph (A) covered by the application if the Court finds 

probable cause to believe that such contents would provide any 

of the evidence described in subparagraph (C)(ii).
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476

(E) EXCEPTION.—The requirement for an order of the Court 

under subparagraph (A) to access the contents of 

communications described in such subparagraph shall not apply 

with respect to a query if the Federal Bureau of Investigation 

determines there is a reasonable belief that such contents could 

assist in mitigating or eliminating a threat to life or serious 

bodily harm.

(F) RULE OF CONSTRUCTION.—Nothing in this paragraph may 

be construed as—

(i) limiting the authority of the Federal Bureau of 

Investigation to conduct lawful queries of information 

acquired under subsection (a);

(ii) limiting the authority of the Federal Bureau of 

Investigation to review, without a court order, the results 

of any query of information acquired under subsection 

(a) that was reasonably designed to find and extract 

foreign intelligence information, regardless of whether 

such foreign intelligence information could also be 

considered evidence of a crime; or

(iii) prohibiting or otherwise limiting the ability of the 

Federal Bureau of Investigation to access the results of 

queries conducted when evaluating whether to open an 

assessment or predicated investigation relating to the 

national security of the United States.

(3) DEFINITIONS.—In this subsection:

(A) The term “contents” has the meaning given that term in 

section 2510(8) of title 18, United States Code.

(B) The term “query” means the use of one or more terms to 

retrieve the unminimized contents or noncontents located in 

electronic and data storage systems of communications of or 

concerning United States persons obtained through acquisitions 

authorized under subsection (a).

(g) GUIDELINES FOR COMPLIANCE WITH LIMITATIONS.—

(1) REQUIREMENT TO ADOPT.—The Attorney General, in consultation 

with the Director of National Intelligence, shall adopt guidelines to 

ensure—

(A) compliance with the limitations in subsection (b); and

(B) that an application for a court order is filed as required by 

this Act.

(2) SUBMISSION OF GUIDELINES.—The Attorney General shall provide 

the guidelines adopted in accordance with paragraph (1) to—
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

477

(A) the congressional intelligence committees;

(B) the Committees on the Judiciary of the Senate and the House 

of Representatives; and

(C) the Foreign Intelligence Surveillance Court.

(h) CERTIFICATION.—

(1) IN GENERAL.—

(A) REQUIREMENT.—Subject to subparagraph (B), prior to the 

implementation of an authorization under subsection (a), the 

Attorney General and the Director of National Intelligence shall 

provide to the Foreign Intelligence Surveillance Court a written 

certification and any supporting affidavit, under oath and under 

seal, in accordance with this subsection.

(B) EXCEPTION.—If the Attorney General and the Director of 

National Intelligence make a determination under subsection 

(c)(2) and time does not permit the submission of a certification 

under this subsection prior to the implementation of an 

authorization under subsection (a), the Attorney General and the 

Director of National Intelligence shall submit to the Court a 

certification for such authorization as soon as practicable but in 

no event later than 7 days after such determination is made.

(2) REQUIREMENTS.—A certification made under this subsection shall—

(A) attest that—

(i) there are targeting procedures in place that have been 

approved, have been submitted for approval, or will be 

submitted with the certification for approval by the 

Foreign Intelligence Surveillance Court that are 

reasonably designed to—

(I) ensure that an acquisition authorized under 

subsection (a) is limited to targeting persons 

reasonably believed to be located outside the 

United States; and

(II) prevent the intentional acquisition of any 

communication as to which the sender and all 

intended recipients are known at the time of the 

acquisition to be located in the United States;

(ii) the minimization procedures to be used with respect 

to such acquisition—
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

478

(I) meet the definition of minimization 

procedures under section 101(h) or 301(4), as 

appropriate; and

(II) have been approved, have been submitted 

for approval, or will be submitted with the 

certification for approval by the Foreign 

Intelligence Surveillance Court;

(iii) guidelines have been adopted in accordance with 

subsection (g) to ensure compliance with the limitations 

in subsection (b) and to ensure that an application for a 

court order is filed as required by this Act;

(iv) the procedures and guidelines referred to in clauses 

(i), (ii), and (iii) are consistent with the requirements of 

the fourth amendment to the Constitution of the United 

States;

(v) a significant purpose of the acquisition is to obtain 

foreign intelligence information;

(vi) the acquisition involves obtaining foreign 

intelligence information from or with the assistance of 

an electronic communication service provider; and

(vii) the acquisition complies with the limitations in 

subsection (b);

(B) include the procedures adopted in accordance with 

subsections (d) and (e);

(C) be supported, as appropriate, by the affidavit of any 

appropriate official in the area of national security who is—

(i) appointed by the President, by and with the advice 

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 is at least 

30 days after the submission of the written certification 

to the court; or

(ii) if the acquisition has begun or the effective date is 

less than 30 days after the submission of the written 

certification to the court, the date the acquisition began 

or the effective date for the acquisition; and

(E) if the Attorney General and the Director of National 

Intelligence make a determination under subsection (c)(2), 

include a statement that such determination has been made.
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

479

(3) CHANGE IN EFFECTIVE DATE.—The Attorney General and the 

Director of National Intelligence may advance or delay the effective date 

referred to in paragraph (2)(D) by submitting an amended certification in 

accordance with subsection (j)(1)(C) to the Foreign Intelligence 

Surveillance Court for review pursuant to subsection (i).

(4) LIMITATION.—A certification made under this subsection is not 

required to identify the specific facilities, places, premises, or property at 

which an acquisition authorized under subsection (a) will be directed or 

conducted.

(5) MAINTENANCE OF CERTIFICATION.—The Attorney General or a 

designee of the Attorney General shall maintain a copy of a certification 

made under this subsection.

(6) REVIEW.—A certification submitted in accordance with this 

subsection shall be subject to judicial review pursuant to subsection (j).

(i) DIRECTIVES AND JUDICIAL REVIEW OF DIRECTIVES.—

(1) AUTHORITY.—With respect to an acquisition authorized under 

subsection (a), the Attorney General and the Director of National 

Intelligence may direct, in writing, an electronic communication service 

provider to—

(A) immediately provide the Government with all information, 

facilities, or assistance necessary to accomplish the acquisition in 

a manner that will protect the secrecy of the acquisition and 

produce a minimum of interference with the services that such 

electronic communication service provider is providing to the 

target of the acquisition; and

(B) maintain under security procedures approved by the Attorney 

General and the Director of National Intelligence any records 

concerning the acquisition or the aid furnished that such 

electronic communication service provider wishes to maintain.

(2) COMPENSATION.—The Government shall compensate, at the 

prevailing rate, an electronic communication service provider for 

providing information, facilities, or assistance in accordance with a 

directive issued pursuant to paragraph (1).

(3) RELEASE FROM LIABILITY.—No cause of action shall lie in any court 

against any electronic communication service provider for providing any 

information, facilities, or assistance in accordance with a directive issued 

pursuant to paragraph (1).

(4) CHALLENGING OF DIRECTIVES.—

(A) AUTHORITY TO CHALLENGE.—An electronic 

communication service provider receiving a directive issued 

pursuant to paragraph (1) may file a petition to modify or set 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

480

aside such directive with the Foreign Intelligence Surveillance 

Court, which shall have jurisdiction to review such petition.

(B) ASSIGNMENT.—The presiding judge of the Court shall 

assign a petition filed under subparagraph (A) to 1 of the judges 

serving in the pool established under section 103(e)(1) not later 

than 24 hours after the filing of such petition.

(C) STANDARDS FOR REVIEW.—A judge considering a petition 

filed under subparagraph (A) may grant such petition only if the 

judge finds that the directive does not meet the requirements of 

this section, or is otherwise unlawful.

(D) PROCEDURES FOR INITIAL REVIEW.—A judge shall conduct 

an initial review of a petition filed under subparagraph (A) not 

later than 5 days after being assigned such petition. If the judge 

determines that such petition does not consist of claims, 

defenses, or other legal contentions that are warranted by 

existing law or by a nonfrivolous argument for extending, 

modifying, or reversing existing law or for establishing new law, 

the judge shall immediately deny such petition and affirm the 

directive or any part of the directive that is the subject of such 

petition and order the recipient to comply with the directive or 

any part of it. Upon making a determination under this 

subparagraph or promptly thereafter, the judge shall provide a 

written statement for the record of the reasons for such 

determination.

(E) PROCEDURES FOR PLENARY REVIEW.—If a judge determines 

that a petition filed under subparagraph (A) requires plenary 

review, the judge shall affirm, modify, or set aside the directive 

that is the subject of such petition not later than 30 days after 

being assigned such petition. If the judge does not set aside the 

directive, the judge shall immediately affirm or affirm with 

modifications the directive, and order the recipient to comply 

with the directive in its entirety or as modified. The judge shall 

provide a written statement for the record of the reasons for a 

determination under this subparagraph.

(F) CONTINUED EFFECT.—Any directive not explicitly modified 

or set aside under this paragraph shall remain in full effect.

(G) CONTEMPT OF COURT.—Failure to obey an order issued 

under this paragraph may be punished by the Court as contempt 

of court.

(5) ENFORCEMENT OF DIRECTIVES.—
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

481

(A) ORDER TO COMPEL.—If an electronic communication 

service provider fails to comply with a directive issued pursuant 

to paragraph (1), the Attorney General may file a petition for an 

order to compel the electronic communication service provider 

to comply with the directive with the Foreign Intelligence 

Surveillance Court, which shall have jurisdiction to review such 

petition.

(B) ASSIGNMENT.—The presiding judge of the Court shall 

assign a petition filed under subparagraph (A) to 1 of the judges 

serving in the pool established under section 103(e)(1) of this 

title not later than 24 hours after the filing of such petition.

(C) PROCEDURES FOR REVIEW.—A judge considering a petition 

filed under subparagraph (A) shall, not later than 30 days after 

being assigned such petition, issue an order requiring the 

electronic communication service provider to comply with the 

directive or any part of it, as issued or as modified, if the judge 

finds that the directive meets the requirements of this section and 

is otherwise lawful. The judge shall provide a written statement 

for the record of the reasons for a determination under this 

paragraph.

(D) CONTEMPT OF COURT.—Failure to obey an order issued 

under this paragraph may be punished by the Court as contempt 

of court.

(E) PROCESS.—Any process under this paragraph may be served 

in any judicial district in which the electronic communication 

service provider may be found.

(6) APPEAL.—

(A) APPEAL TO THE COURT OF REVIEW.—The Government or an 

electronic communication service provider receiving a directive 

issued pursuant to paragraph (1) may file a petition with the 

Foreign Intelligence Surveillance Court of Review for review of 

a decision issued pursuant to paragraph (4) or (5). The Court of 

Review shall have jurisdiction to consider such petition and shall 

provide a written statement for the record of the reasons for a 

decision under this subparagraph.

(B) CERTIORARI TO THE SUPREME COURT.—The Government or 

an electronic communication service provider receiving a 

directive issued pursuant to paragraph (1) may file a petition for 

a writ of certiorari for review of a decision of the Court of 

Review issued under subparagraph (A). The record for such 

review shall be transmitted under seal to the Supreme Court of 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

482

the United States, which shall have jurisdiction to review such 

decision.

(j) JUDICIAL REVIEW OF CERTIFICATIONS AND PROCEDURES.—

(1) IN GENERAL.—

(A) REVIEW BY THE FOREIGN INTELLIGENCE SURVEILLANCE 

COURT.—The Foreign Intelligence Surveillance Court shall have 

jurisdiction to review a certification submitted in accordance 

with subsection (g) and the targeting, minimization, and 

querying procedures adopted in accordance with subsections (d), 

(e), and (f)(1), and amendments to such certification or such 

procedures.

(B) TIME PERIOD FOR REVIEW.—The Court shall review a 

certification submitted in accordance with subsection (g) and the 

targeting, minimization, and querying procedures adopted in 

accordance with subsections (d), (e), and (f)(1) and shall 

complete such review and issue an order under paragraph (3) not 

later than 30 days after the date on which such certification and 

such procedures are submitted.

(C) AMENDMENTS.—The Attorney General and the Director of 

National Intelligence may amend a certification submitted in 

accordance with subsection (g) or the targeting, minimization, 

and querying procedures adopted in accordance with subsections 

(d), (e), and (f)(1) as necessary at any time, including if the 

Court is conducting or has completed review of such 

certification or such procedures, and shall submit the amended 

certification or amended procedures to the Court not later than 7

days after amending such certification or such procedures. The 

Court shall review any amendment under this subparagraph 

under the procedures set forth in this subsection. The Attorney 

General and the Director of National Intelligence may authorize 

the use of an amended certification or amended procedures 

pending the Court’s review of such amended certification or 

amended procedures.

(2) REVIEW.—The Court shall review the following:

(A) CERTIFICATION.—A certification submitted in accordance 

with subsection (h) to determine whether the certification 

contains all the required elements.

(B) TARGETING PROCEDURES.—The targeting procedures 

adopted in accordance with subsection (d) to assess whether the 

procedures are reasonably designed to—
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483

(i) ensure that an acquisition authorized under subsection 

(a) is limited to targeting persons reasonably believed to 

be located outside the United States; and

(ii) prevent the intentional acquisition of any 

communication as to which the sender and all intended 

recipients are known at the time of the acquisition to be 

located in the United States.

(C) MINIMIZATION PROCEDURES.—The minimization 

procedures adopted in accordance with subsection (e) to assess 

whether such procedures meet the definition of minimization 

procedures under section 101(h) or section 301(4), as 

appropriate.

(D) QUERYING PROCEDURES.—The querying procedures 

adopted in accordance with subsection (f)(1) to assess whether 

such procedures comply with the requirements of such 

subsection.

(3) ORDERS.—

(A) APPROVAL.—If the Court finds that a certification submitted 

in accordance with subsection (h) contains all the required 

elements and that the targeting, minimization, and querying 

procedures adopted in accordance with subsections (d), (e), and 

(f)(1) are consistent with the requirements of those subsections 

and with the fourth amendment to the Constitution of the United 

States, the Court shall enter an order approving the certification 

and the use, or continued use in the case of an acquisition 

authorized pursuant to a determination under subsection (c)(2), 

of the procedures for the acquisition.

(B) CORRECTION OF DEFICIENCIES.—If the Court finds that a 

certification submitted in accordance with subsection (h) does 

not contain all the required elements, or that the procedures 

adopted in accordance with subsections (d), (e), and (f)(1) are 

not consistent with the requirements of those subsections or the 

fourth amendment to the Constitution of the United States, the 

Court shall issue an order directing the Government to, at the 

Government’s election and to the extent required by the Court’s 

order—

(i) correct any deficiency identified by the Court’s order 

not later than 30 days after the date on which the Court 

issues the order; or

(ii) cease, or not begin, the implementation of the 

authorization for which such certification was submitted.
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

484

(C) REQUIREMENT FOR WRITTEN STATEMENT.—In support of 

an order under this subsection, the Court shall provide, 

simultaneously with the order, for the record a written statement 

of the reasons for the order.

(D) LIMITATION ON USE OF INFORMATION.—

(i) IN GENERAL.—Except as provided in clause (ii), if 

the Court orders a correction of a deficiency in a 

certification or procedures under subparagraph (B), no 

information obtained or evidence derived pursuant to the 

part of the certification or procedures that has been 

identified by the Court as deficient concerning any 

United States person shall be received in evidence or 

otherwise disclosed in any trial, hearing, or other 

proceeding in or before any court, grand jury, 

department, office, agency, regulatory body, legislative 

committee, or other authority of the United States, a 

State, or political subdivision thereof, and no 

information concerning any United States person 

acquired pursuant to such part of such certification or 

procedures shall subsequently be used or disclosed in 

any other manner by Federal officers or employees 

without the consent of the United States person, except 

with the approval of the Attorney General if the 

information indicates a threat of death or serious bodily 

harm to any person.

(ii) EXCEPTION.—If the Government corrects any 

deficiency identified by the order of the Court under 

subparagraph (B), the Court may permit the use or 

disclosure of information obtained before the date of the 

correction under such minimization procedures as the 

Court may approve for purposes of this clause.

(4) APPEAL.—

(A) APPEAL TO THE COURT OF REVIEW.—The Government may 

file a petition with the Foreign Intelligence Surveillance Court of 

Review for review of an order under this subsection. The Court 

of Review shall have jurisdiction to consider such petition. For 

any decision under this subparagraph affirming, reversing, or 

modifying an order of the Foreign Intelligence Surveillance 

Court, the Court of Review shall provide for the record a written 

statement of the reasons for the decision.
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485

(B) CONTINUATION OF ACQUISITION PENDING REHEARING OR 

APPEAL.—Any acquisition affected by an order under paragraph 

(3)(B) may continue—

(i) during the pendency of any rehearing of the order by 

the Court en banc; and

(ii) if the Government files a petition for review of an 

order under this section, until the Court of Review enters 

an order under subparagraph (C).

(C) IMPLEMENTATION PENDING APPEAL.—Not later than 60 

days after the filing of a petition for review of an order under 

paragraph (3)(B) directing the correction of a deficiency, the 

Court of Review shall determine, and enter a corresponding 

order regarding, whether all or any part of the correction order, 

as issued or modified, shall be implemented during the pendency 

of the review.

(D) CERTIORARI TO THE SUPREME COURT.—The Government 

may file a petition for a writ of certiorari for review of a decision 

of the Court of Review issued under subparagraph (A). The 

record for such review shall be transmitted under seal to the 

Supreme Court of the United States, which shall have 

jurisdiction to review such decision.

(5) SCHEDULE.—

(A) REAUTHORIZATION OF AUTHORIZATIONS IN EFFECT.—

If the Attorney General and the Director of National Intelligence 

seek to reauthorize or replace an authorization issued under 

subsection (a), the Attorney General and the Director of National 

Intelligence shall, to the extent practicable, submit to the Court 

the certification prepared in accordance with subsection (h) and 

the procedures adopted in accordance with subsections (d), (e), 

and (f)(1) at least 30 days prior to the expiration of such 

authorization.

(B) REAUTHORIZATION OF ORDERS, AUTHORIZATIONS, AND 

DIRECTIVES.—If the Attorney General and the Director of 

National Intelligence seek to reauthorize or replace an 

authorization issued under subsection (a) by filing a certification 

pursuant to subparagraph (A), that authorization, and any 

directives issued thereunder and any order related thereto, shall 

remain in effect, notwithstanding the expiration provided for in 

subsection (a), until the Court issues an order with respect to 

such certification under paragraph (3) at which time the 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

486

provisions of that paragraph and paragraph (4) shall apply with 

respect to such certification.

(k) JUDICIAL PROCEEDINGS.—

(1) EXPEDITED JUDICIAL PROCEEDINGS.—Judicial proceedings under 

this section shall be conducted as expeditiously as possible.

(2) TIME LIMITS.—A time limit for a judicial decision in this section 

shall apply unless the Court, the Court of Review, or any judge of either 

the Court or the Court of Review, by order for reasons stated, extends 

that time as necessary for good cause in a manner consistent with 

national security.

(l) MAINTENANCE AND SECURITY OF RECORDS AND PROCEEDINGS.—

(1) STANDARDS.—The Foreign Intelligence Surveillance Court shall 

maintain a record of a proceeding under this section, including petitions, 

appeals, orders, and statements of reasons for a decision, under security 

measures adopted by the Chief Justice of the United States, in 

consultation with the Attorney General and the Director of National 

Intelligence.

(2) FILING AND REVIEW.—All petitions under this section shall be filed 

under seal. In any proceedings under this section, the Court shall, upon 

request of the Government, review ex parte and in camera any 

Government submission, or portions of a submission, which may include 

classified information.

(3) RETENTION OF RECORDS.—The Attorney General and the Director of 

National Intelligence shall retain a directive or an order issued under this 

section for a period of not less than 10 years from the date on which such 

directive or such order is issued.

(m) ASSESSMENTS, REVIEWS, AND REPORTING.—

(1) SEMIANNUAL ASSESSMENT.—Not less frequently than once every 6 

months, the Attorney General and Director of National Intelligence shall 

assess compliance with the targeting, minimization, and querying 

procedures adopted in accordance with subsections (d), (e), and (f)(1) 

and the guidelines adopted in accordance with subsection (g) and shall 

submit each assessment to—

(A) the Foreign Intelligence Surveillance Court; and

(B) consistent with the Rules of the House of Representatives, 

the Standing Rules of the Senate, and Senate Resolution 400 of 

the 94th Congress or any successor Senate resolution—

(i) the congressional intelligence committees; and
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

487

(ii) the Committees on the Judiciary of the House of 

Representatives and the Senate.

(2) AGENCY ASSESSMENT.—The Inspector General of the Department of 

Justice and the Inspector General of each element of the intelligence 

community authorized to acquire foreign intelligence information under 

subsection (a), with respect to the department or element of such 

Inspector General—

(A) are authorized to review compliance with the targeting, 

minimization, and querying procedures adopted in accordance 

with subsections (d), (e), and (f)(1) and the guidelines adopted in 

accordance with subsection (g);

(B) with respect to acquisitions authorized under subsection (a), 

shall review the number of disseminated intelligence reports 

containing a reference to a United States-person identity and the 

number of United States-person identities subsequently 

disseminated by the element concerned in response to requests 

for identities that were not referred to by name or title in the 

original reporting;

(C) with respect to acquisitions authorized under subsection (a), 

shall review the number of targets that were later determined to 

be located in the United States and, to the extent possible, 

whether communications of such targets were reviewed; and

(D) shall provide each such review to—

(i) the Attorney General;

(ii) the Director of National Intelligence; and

(iii) consistent with the Rules of the House of 

Representatives, the Standing Rules of the Senate, and 

Senate Resolution 400 of the 94th Congress or any 

successor Senate resolution—

(I) the congressional intelligence committees; 

and

(II) the Committees on the Judiciary of the 

House of Representatives and the Senate.

(3) ANNUAL REVIEW.—

(A) REQUIREMENT TO CONDUCT.—The head of each element of 

the intelligence community conducting an acquisition authorized 

under subsection (a) shall conduct an annual review to determine 

whether there is reason to believe that foreign intelligence 

information has been or will be obtained from the acquisition. 

The annual review shall provide, with respect to acquisitions 

authorized under subsection (a)—
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

488

(i) an accounting of the number of disseminated 

intelligence reports containing a reference to a United 

States-person identity;

(ii) an accounting of the number of United States-person 

identities subsequently disseminated by that element in 

response to requests for identities that were not referred 

to by name or title in the original reporting;

(iii) the number of targets that were later determined to 

be located in the United States and, to the extent 

possible, whether communications of such targets were 

reviewed; and

(iv) a description of any procedures developed by the 

head of such element of the intelligence community and 

approved by the Director of National Intelligence to 

assess, in a manner consistent with national security, 

operational requirements and the privacy interests of 

United States persons, the extent to which the 

acquisitions authorized under subsection (a) acquire the 

communications of United States persons, and the results 

of any such assessment.

(B) USE OF REVIEW.—The head of each element of the 

intelligence community that conducts an annual review under 

subparagraph (A) shall use each such review to evaluate the 

adequacy of the minimization procedures utilized by such 

element and, as appropriate, the application of the minimization 

procedures to a particular acquisition authorized under 

subsection (a).

(C) PROVISION OF REVIEW.—The head of each element of the 

intelligence community that conducts an annual review under 

subparagraph (A) shall provide such review to—

(i) the Foreign Intelligence Surveillance Court;

(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 Senate, and 

Senate Resolution 400 of the 94th Congress or any 

successor Senate resolution—

(I) the congressional intelligence committees; 

and

(II) the Committees on the Judiciary of the 

House of Representatives and the Senate.
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489

(4) REPORTING OF MATERIAL BREACH.—

(A) IN GENERAL.—The head of each element of the intelligence 

community involved in the acquisition of abouts 

communications shall fully and currently inform the Committees 

on the Judiciary of the House of Representatives and the Senate 

and the congressional intelligence committees of a material 

breach.

(B) DEFINITIONS.—In this paragraph:

(i) The term “abouts communication” means a 

communication that contains a reference to, but is not to 

or from, a target of an acquisition authorized under 

subsection (a).

(ii) The term “material breach” means significant 

noncompliance with applicable law or an order of the 

Foreign Intelligence Surveillance Court concerning any 

acquisition of abouts communications.

CERTAIN ACQUISITIONS INSIDE THE UNITED STATES TARGETING 

UNITED STATES PERSONS OUTSIDE THE UNITED STATES

SEC. 703. [50 U.S.C. § 1881b] 

(a) JURISDICTION OF THE FOREIGN INTELLIGENCE SURVEILLANCE COURT.—

(1) IN GENERAL.—The Foreign Intelligence Surveillance Court shall 

have jurisdiction to review an application and to enter an order 

approving the targeting of a United States person reasonably believed to 

be located outside the United States to acquire foreign intelligence 

information, if the acquisition constitutes electronic surveillance or the 

acquisition of stored electronic communications or stored electronic data 

that requires an order under this Act, and such acquisition is conducted 

within the United States.

(2) LIMITATION.—If a United States person targeted under this 

subsection is reasonably believed to be located in the United States 

during the effective period of an order issued pursuant to subsection (c), 

an acquisition targeting such United States person under this section 

shall cease unless the targeted United States person is again reasonably 

believed to be located outside the United States while an order issued 

pursuant to subsection (c) is in effect. Nothing in this section shall be 

construed to limit the authority of the Government to seek an order or 

authorization under, or otherwise engage in any activity that is 

authorized under, any other title of this Act.

(b) APPLICATION.—
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

490

(1) IN GENERAL.—Each application for an order under this section shall 

be made by a Federal officer in writing upon oath or affirmation to a 

judge having jurisdiction under subsection (a)(1). Each application shall 

require the approval of the Attorney General based upon the Attorney 

General’s finding that it satisfies the criteria and requirements of such 

application, as set forth in this section, and shall include—

(A) the identity of the Federal officer making the application;

(B) the identity, if known, or a description of the United States 

person who is the target of the acquisition;

(C) a statement of the facts and circumstances relied upon to 

justify the applicant’s belief that the United States person who is 

the target of the acquisition is—

(i) a person reasonably believed to be located outside the 

United States; and

(ii) a foreign power, an agent of a foreign power, or an 

officer or employee of a foreign power;

(D) a statement of proposed minimization procedures that meet 

the definition of minimization procedures under section 101(h) 

or 301(4), as appropriate;

(E) a description of the nature of the information sought and the 

type of communications or activities to be subjected to 

acquisition;

(F) a certification made by the Attorney General or an official 

specified in section 104(a)(6) that—

(i) the certifying official deems the information sought 

to be foreign intelligence information;

(ii) a significant purpose of the acquisition is to obtain 

foreign intelligence information;

(iii) such information cannot reasonably be obtained by 

normal investigative techniques;

(iv) designates the type of foreign intelligence 

information being sought according to the categories 

described in section 101(e); and

(v) includes a statement of the basis for the certification 

that—

(I) the information sought is the type of foreign 

intelligence information designated; and

(II) such information cannot reasonably be 

obtained by normal investigative techniques;
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

491

(G) a summary statement of the means by which the acquisition 

will be conducted and whether physical entry is required to effect 

the acquisition;

(H) the identity of any electronic communication service 

provider necessary to effect the acquisition, provided that the 

application is not required to identify the specific facilities, 

places, premises, or property at which the acquisition authorized 

under this section will be directed or conducted;

(I) a statement of the facts concerning any previous applications 

that have been made to any judge of the Foreign Intelligence 

Surveillance Court involving the United States person specified 

in the application and the action taken on each previous 

application; and

(J) a statement of the period of time for which the acquisition is 

required to be maintained, provided that such period of time shall 

not exceed 90 days per application.

(2) OTHER REQUIREMENTS OF THE ATTORNEY GENERAL.—The 

Attorney General may require any other affidavit or certification from 

any other officer in connection with the application.

(3) OTHER REQUIREMENTS OF THE JUDGE.—The judge may require the 

applicant to furnish such other information as may be necessary to make 

the findings required by subsection (c)(1).

(c) ORDER.—

(1) FINDINGS.—Upon an application made pursuant to subsection (b), 

the Foreign Intelligence Surveillance Court shall enter an ex parte order 

as requested or as modified by the Court approving the acquisition if the 

Court finds that—

(A) the application has been made by a Federal officer and 

approved by the Attorney General;

(B) on the basis of the facts submitted by the applicant, for the 

United States person who is the target of the acquisition, there is 

probable cause to believe that the target is—

(i) a person reasonably believed to be located outside the 

United States; and

(ii) a foreign power, an agent of a foreign power, or an 

officer or employee of a foreign power;

(C) the proposed minimization procedures meet the definition of 

minimization procedures under section 101(h) or 301(4), as 

appropriate; and

(D) the application that has been filed contains all statements and 

certifications required by subsection (b) and the certification or 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

492

certifications are not clearly erroneous on the basis of the 

statement made under subsection (b)(1)(F)(v) and any other 

information furnished under subsection (b)(3).

(2) PROBABLE CAUSE.—In determining whether or not probable cause 

exists for purposes of paragraph (1)(B), a judge having jurisdiction under 

subsection (a)(1) may consider past activities of the target and facts and 

circumstances relating to current or future activities of the target. No 

United States person may be considered a foreign power, agent of a 

foreign power, or officer or employee of a foreign power solely upon the 

basis of activities protected by the first amendment to the Constitution of 

the United States.

(3) REVIEW.—

(A) LIMITATION ON REVIEW.—Review by a judge having 

jurisdiction under subsection (a)(1) shall be limited to that 

required to make the findings described in paragraph (1).

(B) REVIEW OF PROBABLE CAUSE.—If the judge determines that 

the facts submitted under subsection (b) are insufficient to 

establish probable cause under paragraph (1)(B), the judge shall 

enter an order so stating and provide a written statement for the 

record of the reasons for the determination. The Government 

may appeal an order under this subparagraph pursuant to 

subsection (f).

(C) REVIEW OF MINIMIZATION PROCEDURES.—If the judge 

determines that the proposed minimization procedures referred to 

in paragraph (1)(C) do not meet the definition of minimization 

procedures under section 101(h) or 301(4), as appropriate, the 

judge shall enter an order so stating and provide a written 

statement for the record of the reasons for the determination. The 

Government may appeal an order under this subparagraph 

pursuant to subsection (f).

(D) REVIEW OF CERTIFICATION.—If the judge determines that an 

application pursuant to subsection (b) does not contain all of the 

required elements, or that the certification or certifications are 

clearly erroneous on the basis of the statement made under 

subsection (b)(1)(F)(v) and any other information furnished 

under subsection (b)(3), the judge shall enter an order so stating 

and provide a written statement for the record of the reasons for 

the determination. The Government may appeal an order under 

this subparagraph pursuant to subsection (f).

(4) SPECIFICATIONS.—An order approving an acquisition under this 

subsection shall specify—
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

493

(A) the identity, if known, or a description of the United States 

person who is the target of the acquisition identified or described 

in the application pursuant to subsection (b)(1)(B);

(B) if provided in the application pursuant to subsection 

(b)(1)(H), the nature and location of each of the facilities or 

places at which the acquisition will be directed;

(C) the nature of the information sought to be acquired and the 

type of communications or activities to be subjected to 

acquisition;

(D) a summary of the means by which the acquisition will be 

conducted and whether physical entry is required to effect the 

acquisition; and

(E) the period of time during which the acquisition is approved.

(5) DIRECTIVES.—An order approving an acquisition under this 

subsection shall direct—

(A) that the minimization procedures referred to in paragraph 

(1)(C), as approved or modified by the Court, be followed;

(B) if applicable, an electronic communication service provider 

to provide to the Government forthwith all information, facilities, 

or assistance necessary to accomplish the acquisition authorized 

under such order in a manner that will protect the secrecy of the 

acquisition and produce a minimum of interference with the 

services that such electronic communication service provider is 

providing to the target of the acquisition;

(C) if applicable, an electronic communication service provider 

to maintain under security procedures approved by the Attorney 

General any records concerning the acquisition or the aid 

furnished that such electronic communication service provider 

wishes to maintain; and

(D) if applicable, that the Government compensate, at the 

prevailing rate, such electronic communication service provider 

for providing such information, facilities, or assistance.

(6) DURATION.—An order approved under this subsection shall be 

effective for a period not to exceed 90 days and such order may be 

renewed for additional 90-day periods upon submission of renewal 

applications meeting the requirements of subsection (b).

(7) COMPLIANCE.—At or prior to the end of the period of time for which 

an acquisition is approved by an order or extension under this section, 

the judge may assess compliance with the minimization procedures 

referred to in paragraph (1)(C) by reviewing the circumstances under 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

494

which information concerning United States persons was acquired, 

retained, or disseminated.

(d) EMERGENCY AUTHORIZATION.—

(1) AUTHORITY FOR EMERGENCY AUTHORIZATION.—Notwithstanding 

any other provision of this Act, if the Attorney General reasonably 

determines that—

(A) an emergency situation exists with respect to the acquisition 

of foreign intelligence information for which an order may be 

obtained under subsection (c) before an order authorizing such 

acquisition can with due diligence be obtained, and

(B) the factual basis for issuance of an order under this 

subsection to approve such acquisition exists,

the Attorney General may authorize such acquisition if a judge having 

jurisdiction under subsection (a)(1) is informed by the Attorney General, 

or a designee of the Attorney General, at the time of such authorization 

that the decision has been made to conduct such acquisition and if an 

application in accordance with this section is made to a judge of the 

Foreign Intelligence Surveillance Court as soon as practicable, but not 

more than 7 days after the Attorney General authorizes such acquisition.

(2) MINIMIZATION PROCEDURES.—If the Attorney General authorizes an 

acquisition under paragraph (1), the Attorney General shall require that 

the minimization procedures referred to in subsection (c)(1)(C) for the 

issuance of a judicial order be followed.

(3) TERMINATION OF EMERGENCY AUTHORIZATION.—In the absence of 

a judicial order approving an acquisition under paragraph (1), such 

acquisition shall terminate when the information sought is obtained, 

when the application for the order is denied, or after the expiration of 7 

days from the time of authorization by the Attorney General, whichever 

is earliest.

(4) USE OF INFORMATION.—If an application for approval submitted 

pursuant to paragraph (1) is denied, or in any other case where the 

acquisition is terminated and no order is issued approving the 

acquisition, no information obtained or evidence derived from such 

acquisition, except under circumstances in which the target of the 

acquisition is determined not to be a United States person, shall be 

received in evidence or otherwise disclosed in any trial, hearing, or other 

proceeding in or before any court, grand jury, department, office, 

agency, regulatory body, legislative committee, or other authority of the 

United States, a State, or political subdivision thereof, and no 

information concerning any United States person acquired from such 

acquisition shall subsequently be used or disclosed in any other manner 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

495

by Federal officers or employees without the consent of such person, 

except with the approval of the Attorney General if the information 

indicates a threat of death or serious bodily harm to any person.

(e) RELEASE FROM LIABILITY.—No cause of action shall lie in any court against 

any electronic communication service provider for providing any information, 

facilities, or assistance in accordance with an order or request for emergency 

assistance issued pursuant to subsection (c) or (d), respectively.

(f) APPEAL.—

(1) APPEAL TO THE FOREIGN INTELLIGENCE SURVEILLANCE COURT OF 

REVIEW.—The Government may file a petition with the Foreign 

Intelligence Surveillance Court of Review for review of an order issued 

pursuant to subsection (c). The Court of Review shall have jurisdiction to 

consider such petition and shall provide a written statement for the record 

of the reasons for a decision under this paragraph.

(2) CERTIORARI TO THE SUPREME COURT.—The Government may file a 

petition for a writ of certiorari for review of a decision of the Court of 

Review issued under paragraph (1). The record for such review shall be 

transmitted under seal to the Supreme Court of the United States, which 

shall have jurisdiction to review such decision.

(g) CONSTRUCTION.—Except as provided in this section, nothing in this Act shall 

be construed to require an application for a court order for an acquisition that is 

targeted in accordance with this section at a United States person reasonably 

believed to be located outside the United States.

OTHER ACQUISITIONS TARGETING UNITED STATES PERSONS 

OUTSIDE THE UNITED STATES

SEC. 704. [50 U.S.C. § 1881c]

(a) JURISDICTION AND SCOPE.—

(1) JURISDICTION.—The Foreign Intelligence Surveillance Court shall 

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 intelligence 

information, a United States person reasonably believed to be located 

outside the United States under circumstances in which the targeted 

United States person has a reasonable expectation of privacy and a 

warrant would be required if the acquisition were conducted inside the 

United States for law enforcement purposes, unless a judge of the 

Foreign Intelligence Surveillance Court has entered an order with respect 

to such targeted United States person or the Attorney General has 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

496

authorized an emergency acquisition pursuant to subsection (c) or (d), 

respectively, or any other provision of this Act.

(3) LIMITATIONS.—

(A) MOVING OR MISIDENTIFIED TARGETS.—If a United States 

person targeted under this subsection is reasonably believed to be 

located in the United States during the effective period of an 

order issued pursuant to subsection (c), an acquisition targeting 

such United States person under this section shall cease unless 

the targeted United States person is again reasonably believed to 

be located outside the United States during the effective period 

of such order.

(B) APPLICABILITY.—If an acquisition for foreign intelligence 

purposes is to be conducted inside the United States and could be 

authorized under section 703, the acquisition may only be 

conducted if authorized under section 703 or in accordance with 

another provision of this Act other than this section.

(C) CONSTRUCTION.—Nothing in this paragraph shall be 

construed to limit the authority of the Government to seek an 

order or authorization under, or otherwise engage in any activity 

that is authorized under, any other title of this Act.

(b) APPLICATION.—Each application for an order under this section shall be 

made by a Federal officer in writing upon oath or affirmation to a judge having 

jurisdiction under subsection (a)(1). Each application shall require the approval 

of the Attorney General based upon the Attorney General’s finding that it 

satisfies the criteria and requirements of such application as set forth in this 

section and shall include—

(1) the identity of the Federal officer making the application;

(2) the identity, if known, or a description of the specific United States 

person who is the target of the acquisition;

(3) a statement of the facts and circumstances relied upon to justify the 

applicant’s belief that the United States person who is the target of the 

acquisition is—

(A) a person reasonably believed to be located outside the United 

States; and

(B) a foreign power, an agent of a foreign power, or an officer or 

employee of a foreign power;

(4) a statement of proposed minimization procedures that meet the 

definition of minimization procedures under section 101(h) or 301(4), as 

appropriate;
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

497

(5) a certification made by the Attorney General, an official specified in 

section 104(a)(6), or the head of an element of the intelligence 

community that—

(A) the certifying official deems the information sought to be 

foreign intelligence information; and

(B) a significant purpose of the acquisition is to obtain foreign 

intelligence information;

(6) a statement of the facts concerning any previous applications that 

have been made to any judge of the Foreign Intelligence Surveillance 

Court involving the United States person specified in the application and 

the action taken on each previous application; and

(7) a statement of the period of time for which the acquisition is required 

to be maintained, provided that such period of time shall not exceed 90 

days per application.

(c) ORDER.—

(1) FINDINGS.—Upon an application made pursuant to subsection (b), 

the Foreign Intelligence Surveillance Court shall enter an ex parte order 

as requested or as modified by the Court if the Court finds that—

(A) the application has been made by a Federal officer and 

approved by the Attorney General;

(B) on the basis of the facts submitted by the applicant, for the 

United States person who is the target of the acquisition, there is 

probable cause to believe that the target is—

(i) a person reasonably believed to be located outside the 

United States; and

(ii) a foreign power, an agent of a foreign power, or an 

officer or employee of a foreign power;

(C) the proposed minimization procedures, with respect to their 

dissemination provisions, meet the definition of minimization 

procedures under section 101(h) or 301(4), as appropriate; and

(D) the application that has been filed contains all statements and 

certifications required by subsection (b) and the certification 

provided under subsection (b)(5) is not clearly erroneous on the 

basis of the information furnished under subsection (b).

(2) PROBABLE CAUSE.—In determining whether or not probable cause 

exists for purposes of paragraph (1)(B), a judge having jurisdiction under 

subsection (a)(1) may consider past activities of the target and facts and 

circumstances relating to current or future activities of the target. No 

United States person may be considered a foreign power, agent of a 

foreign power, or officer or employee of a foreign power solely upon the 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

498

basis of activities protected by the first amendment to the Constitution of 

the United States.

(3) REVIEW.—

(A) LIMITATIONS ON REVIEW.—Review by a judge having 

jurisdiction under subsection (a)(1) shall be limited to that 

required to make the findings described in paragraph (1). The 

judge shall not have jurisdiction to review the means by which an 

acquisition under this section may be conducted.

(B) REVIEW OF PROBABLE CAUSE.—If the judge determines that 

the facts submitted under subsection (b) are insufficient to 

establish probable cause to issue an order under this subsection, 

the judge shall enter an order so stating and provide a written 

statement for the record of the reasons for such determination. 

The Government may appeal an order under this subparagraph 

pursuant to subsection (e).

(C) REVIEW OF MINIMIZATION PROCEDURES.—If the judge 

determines that the minimization procedures applicable to 

dissemination of information obtained through an acquisition 

under this subsection do not meet the definition of minimization 

procedures under section 101(h) or 301(4), as appropriate, the 

judge shall enter an order so stating and provide a written 

statement for the record of the reasons for such determination. 

The Government may appeal an order under this subparagraph 

pursuant to subsection (e).

(D) SCOPE OF REVIEW OF CERTIFICATION.—If the judge 

determines that an application under subsection (b) does not 

contain all the required elements, or that the certification 

provided under subsection (b)(5) is clearly erroneous on the basis 

of the information furnished under subsection (b), the judge shall 

enter an order so stating and provide a written statement for the 

record of the reasons for such determination. The Government 

may appeal an order under this subparagraph pursuant to 

subsection (e).

(4) DURATION.—An order under this paragraph shall be effective for a 

period not to exceed 90 days and such order may be renewed for 

additional 90-day periods upon submission of renewal applications 

meeting the requirements of subsection (b).

(5) COMPLIANCE.—At or prior to the end of the period of time for which 

an order or extension is granted under this section, the judge may assess 

compliance with the minimization procedures referred to in paragraph 

(1)(C) by reviewing the circumstances under which information 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

499

concerning United States persons was disseminated, provided that the 

judge may not inquire into the circumstances relating to the conduct of 

the acquisition.

(d) EMERGENCY AUTHORIZATION.—

(1) AUTHORITY FOR EMERGENCY AUTHORIZATION.—Notwithstanding 

any other provision of this section, if the Attorney General reasonably 

determines that—

(A) an emergency situation exists with respect to the acquisition 

of foreign intelligence information for which an order may be 

obtained under subsection (c) before an order under that 

subsection can, with due diligence, be obtained, and

(B) the factual basis for the issuance of an order under this 

section exists,

the Attorney General may authorize the emergency acquisition if a judge 

having jurisdiction under subsection (a)(1) is informed by the Attorney 

General or a designee of the Attorney General at the time of such 

authorization that the decision has been made to conduct such 

acquisition and if an application in accordance with this section is made 

to a judge of the Foreign Intelligence Surveillance Court as soon as 

practicable, but not more than 7 days after the Attorney General 

authorizes such acquisition.

(2) MINIMIZATION PROCEDURES.—If the Attorney General authorizes an 

emergency acquisition under paragraph (1), the Attorney General shall 

require that the minimization procedures referred to in subsection 

(c)(1)(C) be followed.

(3) TERMINATION OF EMERGENCY AUTHORIZATION.—In the absence of 

an order under subsection (c), an emergency acquisition under paragraph 

(1) shall terminate when the information sought is obtained, if the 

application for the order is denied, or after the expiration of 7 days from 

the time of authorization by the Attorney General, whichever is earliest.

(4) USE OF INFORMATION.—If an application submitted to the Court 

pursuant to paragraph (1) is denied, or in any other case where the 

acquisition is terminated and no order with respect to the target of the 

acquisition is issued under subsection (c), no information obtained or 

evidence derived from such acquisition, except under circumstances in 

which the target of the acquisition is determined not to be a United States 

person, shall be received in evidence or otherwise disclosed in any trial, 

hearing, or other proceeding in or before any court, grand jury, 

department, office, agency, regulatory body, legislative committee, or 

other authority of the United States, a State, or political subdivision 

thereof, and no information concerning any United States person 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

500

acquired from such acquisition shall subsequently be used or disclosed in 

any other manner by Federal officers or employees without the consent 

of such person, except with the approval of the Attorney General if the 

information indicates a threat of death or serious bodily harm to any 

person.

(e) APPEAL.—

(1) APPEAL TO THE COURT OF REVIEW.—The Government may file a 

petition with the Foreign Intelligence Surveillance Court of Review for 

review of an order issued pursuant to subsection (c). The Court of 

Review shall have jurisdiction to consider such petition and shall provide 

a written statement for the record of the reasons for a decision under this 

paragraph.

(2) CERTIORARI TO THE SUPREME COURT.—The Government may file a 

petition for a writ of certiorari for review of a decision of the Court of 

Review issued under paragraph (1). The record for such review shall be 

transmitted under seal to the Supreme Court of the United States, which 

shall have jurisdiction to review such decision.

JOINT APPLICATIONS AND CONCURRENT AUTHORIZATIONS

SEC. 705. [50 U.S.C. § 1881d] 

(a) JOINT APPLICATIONS AND ORDERS.—If an acquisition targeting a United 

States person under section 703 or 704 is proposed to be conducted both inside 

and outside the United States, a judge having jurisdiction under section 703(a)(1) 

or 704(a)(1) may issue simultaneously, upon the request of the Government in a 

joint application complying with the requirements of sections 703(b) and 704(b), 

orders under sections 703(c) and 704(c), as appropriate.

(b) CONCURRENT AUTHORIZATION.—If an order authorizing electronic 

surveillance or physical search has been obtained under section 105 or 304, the 

Attorney General may authorize, for the effective period of that order, without an 

order under section 703 or 704, the targeting of that United States person for the 

purpose of acquiring foreign intelligence information while such person is 

reasonably believed to be located outside the United States.

(c) EMERGENCY AUTHORIZATION.—

(1) CONCURRENT AUTHORIZATION.—If the Attorney General authorized 

the emergency employment of electronic surveillance or a physical 

search pursuant to section 105 or 304, the Attorney General may 

authorize, for the effective period of the emergency authorization and 

subsequent order pursuant to section 105 or 304, without a separate order 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

501

under section 703 or 704, the targeting of a United States person subject 

to such emergency employment for the purpose of acquiring foreign 

intelligence information while such United States person is reasonably 

believed to be located outside the United States.

(2) USE OF INFORMATION.—If an application submitted to the Court 

pursuant to section 104 or 303 is denied, or in any other case in which 

the acquisition pursuant to paragraph (1) is terminated and no order with 

respect to the target of the acquisition is issued under section 105 or 304, 

all information obtained or evidence derived from such acquisition shall 

be handled in accordance with section 704(d)(4).

USE OF INFORMATION ACQUIRED UNDER TITLE VII

SEC. 706. [50 U.S.C. § 1881e]

(a) INFORMATION ACQUIRED UNDER SECTION 702.—

(1) IN GENERAL.—Information acquired from an acquisition conducted 

under section 702 shall be deemed to be information acquired from an 

electronic surveillance pursuant to title I for purposes of section 106, 

except for the purposes of subsection (j) of such section.

(2) UNITED STATES PERSONS.—

(A) IN GENERAL.—Any information concerning a United States 

person acquired under section 702 shall not be used in evidence 

against that United States person pursuant to paragraph (1) in 

any criminal proceeding unless—

(i) the Federal Bureau of Investigation obtained an order 

of the Foreign Intelligence Surveillance Court to access 

such information pursuant to section 702(f)(2); or

(ii) the Attorney General determines that—

(I) the criminal proceeding affects, involves, or 

is related to the national security of the United 

States; or

(II) the criminal proceeding involves—

(aa) death;

(bb) kidnapping;

(cc) serious bodily injury, as defined in 

section 1365 of title 18, United States 

Code;

(dd) conduct that constitutes a criminal 

offense that is a specified offense 

against a minor, as defined in section

111 of the Adam Walsh Child 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

502

Protection and Safety Act of 2006 (34 

U.S.C. 20911);

(ee) incapacitation or destruction of 

critical infrastructure, as defined in 

section 1016(e) of the USA PATRIOT 

Act (42 U.S.C. 5195c(e));

(ff) cybersecurity, including conduct 

described in section 1016(e) of the USA 

PATRIOT Act (42 U.S.C. 5195c(e)) or 

section 1029, 1030, or 2511 of title 18, 

United States Code;

(gg) transnational crime, including 

transnational narcotics trafficking and 

transnational organized crime; or

(hh) human trafficking.

(B) NO JUDICIAL REVIEW.—A determination by the Attorney 

General under subparagraph (A)(ii) is not subject to judicial 

review.

(b) INFORMATION ACQUIRED UNDER SECTION 703.—Information acquired from 

an acquisition conducted under section 703 shall be deemed to be information 

acquired from an electronic surveillance pursuant to title I for purposes of section 

106.

CONGRESSIONAL OVERSIGHT

SEC. 707. [50 U.S.C. § 1881f]

(a) SEMIANNUAL REPORT.—Not less frequently than once every 6 months, the 

Attorney General shall fully inform, in a manner consistent with national 

security, the congressional intelligence committees and the Committees on the 

Judiciary of the Senate and the House of Representatives, consistent with the 

Rules of the House of Representatives, the Standing Rules of the Senate, and 

Senate Resolution 400 of the 94th Congress or any successor Senate resolution, 

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 section 

702(h) during the reporting period;

(B) with respect to each determination under section 702(c)(2), 

the reasons for exercising the authority under such section;

(C) any directives issued under section 702(i) during the 

reporting period;
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503

(D) a description of the judicial review during the reporting 

period of such certifications and targeting and minimization 

procedures adopted in accordance with subsections (d) and (e) of 

section 702 and utilized with respect to an acquisition under such 

section, including a copy of an order or pleading in connection 

with such review that contains a significant legal interpretation 

of the provisions of section 702;

(E) any actions taken to challenge or enforce a directive under 

paragraph (4) or (5) of section 702(i);

(F) any compliance reviews conducted by the Attorney General 

or the Director of National Intelligence of acquisitions 

authorized under section 702(a);

(G) a description of any incidents of noncompliance—

(i) with a directive issued by the Attorney General and 

the Director of National Intelligence under section 

702(i), including incidents of noncompliance by a 

specified person to whom the Attorney General and 

Director of National Intelligence issued a directive under 

section 702(i); and

(ii) by an element of the intelligence community with 

procedures and guidelines adopted in accordance with 

subsections (d), (e), (f)(1), and (g) of section 702; and

(H) any procedures implementing section 702;

(2) with respect to section 703—

(A) the total number of applications made for orders under 

section 703(b);

(B) the total number of such orders—

(i) granted;

(ii) modified; and

(iii) denied; and

(C) the total number of emergency acquisitions authorized by the 

Attorney General under section 703(d) and the total number of 

subsequent orders approving or denying such acquisitions; and

(3) with respect to section 704—

(A) the total number of applications made for orders under 

section 704(b);

(B) the total number of such orders—

(i) granted;

(ii) modified; and

(iii) denied; and
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(C) the total number of emergency acquisitions authorized by the 

Attorney General under section 704(d) and the total number of 

subsequent orders approving or denying such applications.

SAVINGS PROVISION

SEC. 708. [50 U.S.C. § 1881g] 

Nothing in this title shall be construed to limit the authority of the Government to 

seek an order or authorization under, or otherwise engage in any activity that is 

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 of, or the 

provision of access to, information (including communication contents, 

communications records, or other information relating to a customer or 

communication), facilities, or another form of assistance.

(2) CIVIL ACTION.—The term “civil action” includes a covered civil action.

(3) CONGRESSIONAL INTELLIGENCE COMMITTEES.—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 House of 

Representatives.

(4) CONTENTS.—The term “contents” has the meaning given that term in section 

101(n).

(5) COVERED CIVIL ACTION.—The term “covered civil action” means a civil 

action filed in a Federal or State court that—

(A) alleges that an electronic communication service provider furnished 

assistance to an element of the intelligence community; and

(B) seeks monetary or other relief from the electronic communication 

service provider related to the provision of such assistance.

(6) ELECTRONIC COMMUNICATION SERVICE PROVIDER.—The term “electronic 

communication service provider” means—
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(A) a telecommunications carrier, as that term is defined in section 3 of 

the Communications Act of 1934 (47 U.S.C. 153);

(B) a provider of electronic communication service, as that term is 

defined in section 2510 of title 18, United States Code;

(C) a provider of a remote computing service, as that term is defined in 

section 2711 of title 18, United States Code;

(D) any other communication service provider who has access to wire or 

electronic communications either as such communications are 

transmitted or as such communications are stored;

(E) a parent, subsidiary, affiliate, successor, or assignee of an entity 

described in subparagraph (A), (B), (C), or (D); or

(F) an officer, employee, or agent of an entity described in subparagraph 

(A), (B), (C), (D), or (E).

(7) INTELLIGENCE COMMUNITY.—The term “intelligence community” has the 

meaning given the term in section 3(4) of the National Security Act of 1947 (50 

U.S.C. 3003(4)).

(8) PERSON.—The term “person” means—

(A) an electronic communication service provider; or

(B) a landlord, custodian, or other person who may be authorized or 

required to furnish assistance pursuant to—

(i) an order of the court established under section 103(a) 

directing such assistance;

(ii) a certification in writing under section 2511(2)(a)(ii)(B) or 

2709(b) of title 18, United States Code; or

(iii) a directive under section 102(a)(4), 105B(e), as added by 

section 2 of the Protect America Act of 2007 (Public Law 110-

55), or 702(i).

(9) STATE.—The term “State” means any State, political subdivision of a State, 

the Commonwealth of Puerto Rico, the District of Columbia, and any territory or 

possession of the United States, and includes any officer, public utility 

commission, or other body authorized to regulate an electronic communication 

service provider.

PROCEDURES FOR IMPLEMENTING STATUTORY DEFENSES

SEC. 802. [50 U.S.C. § 1885a] 

(a) REQUIREMENT FOR CERTIFICATION.—Notwithstanding any other provision of 

law, a civil action may not lie or be maintained in a Federal or State court against 

any person for providing assistance to an element of the intelligence community, 

and shall be promptly dismissed, if the Attorney General certifies to the district 

court of the United States in which such action is pending that—
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(1) any assistance by that person was provided pursuant to an order of 

the court established under section 103(a) directing such assistance;

(2) any assistance by that person was provided pursuant to a certification 

in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18, United 

States Code;

(3) any assistance by that person was provided pursuant to a directive 

under section 102(a)(4), 105B(e) as added by section 2 of the Protect 

America Act of 2007 (Public Law 110-55), or 702(i) directing such 

assistance;

(4) in the case of a covered civil action, the assistance alleged to have 

been provided by the electronic communication service provider was—

(A) in connection with an intelligence activity involving 

communications that was—

(i) authorized by the President during the period 

beginning on September 11, 2001, and ending on 

January 17, 2007; and

(ii) designed to detect or prevent a terrorist attack, or 

activities in preparation for a terrorist attack, against the 

United States; and

(B) the subject of a written request or directive, or a series of 

written requests or directives, from the Attorney General or the 

head of an element of the intelligence community (or the deputy 

of such person) to the electronic communication service provider 

indicating that the activity was—

(i) authorized by the President; and

(ii) determined to be lawful; or

(5) the person did not provide the alleged assistance.

(b) JUDICIAL REVIEW.—

(1) REVIEW OF CERTIFICATIONS.—A certification under subsection (a) 

shall be given effect unless the court finds that such certification is not 

supported by substantial evidence provided to the court pursuant to this 

section.

(2) SUPPLEMENTAL MATERIALS.—In its review of a certification under 

subsection (a), the court may examine the court order, certification, 

written request, or directive described in subsection (a) and any relevant 

court order, certification, written request, or directive submitted pursuant 

to subsection (d).

(c) LIMITATIONS ON DISCLOSURE.—If the Attorney General files a declaration 

under section 1746 of title 28, United States Code, that disclosure of a 

certification made pursuant to subsection (a) or the supplemental materials 
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provided pursuant to subsection (b) or (d) would harm the national security of the 

United States, the court shall—

(1) review such certification and the supplemental materials in camera 

and ex parte; and

(2) limit any public disclosure concerning such certification and the 

supplemental materials, including any public order following such in 

camera and ex parte review, to a statement as to whether the case is 

dismissed and a description of the legal standards that govern the order, 

without disclosing the paragraph of subsection (a) that is the basis for the 

certification.

(d) ROLE OF THE PARTIES.—Any plaintiff or defendant in a civil action may 

submit any relevant court order, certification, written request, or directive to the 

district court referred to in subsection (a) for review and shall be permitted to 

participate in the briefing or argument of any legal issue in a judicial proceeding 

conducted pursuant to this section, but only to the extent that such participation 

does not require the disclosure of classified information to such party. To the 

extent that classified information is relevant to the proceeding or would be 

revealed in the determination of an issue, the court shall review such information 

in camera and ex parte, and shall issue any part of the court‘s written order that 

would reveal classified information in camera and ex parte and maintain such 

part under seal.

(e) NONDELEGATION.—The authority and duties of the Attorney General under 

this section shall be performed by the Attorney General (or Acting Attorney 

General) or the Deputy Attorney General.

(f) APPEAL.—The courts of appeals shall have jurisdiction of appeals from 

interlocutory orders of the district courts of the United States granting or denying 

a motion to dismiss or for summary judgment under this section.

(g) REMOVAL.—A civil action against a person for providing assistance to an 

element of the intelligence community that is brought in a State court shall be 

deemed to arise under the Constitution and laws of the United States and shall be 

removable under section 1441 of title 28, United States Code.

(h) RELATIONSHIP TO OTHER LAWS.—Nothing in this section shall be construed 

to limit any otherwise available immunity, privilege, or defense under any other 

provision of law.

(i) APPLICABILITY.—This section shall apply to a civil action pending on or filed 

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—
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508

(1) conduct an investigation into an electronic communication service 

provider’s alleged assistance to an element of the intelligence 

community;

(2) require through regulation or any other means the disclosure of 

information about an electronic communication service provider’s 

alleged assistance to an element of the intelligence community;

(3) impose any administrative sanction on an electronic communication 

service provider for assistance to an element of the intelligence 

community; or

(4) commence or maintain a civil action or other proceeding to enforce a 

requirement that an electronic communication service provider disclose 

information concerning alleged assistance to an element of the 

intelligence community.

(b) SUITS BY THE UNITED STATES.—The United States may bring suit to enforce 

the provisions of this section.

(c) JURISDICTION.—The district courts of the United States shall have 

jurisdiction over any civil action brought by the United States to enforce the 

provisions of this section.

(d) APPLICATION.—This section shall apply to any investigation, action, or 

proceeding that is pending on or commenced after the date of the enactment of 

the FISA Amendments Act of 2008.

REPORTING

SEC. 804. [50 U.S.C. § 1885c] 

(a) SEMIANNUAL REPORT.—Not less frequently than once every 6 months, the 

Attorney General shall, in a manner consistent with national security, the Rules 

of the House of Representatives, the Standing Rules of the Senate, and Senate 

Resolution 400 of the 94th Congress or any successor Senate resolution, fully 

inform the congressional intelligence committees, the Committee on the 

Judiciary of the Senate, and the Committee on the Judiciary of the House of 

Representatives concerning the implementation of this title.

(b) CONTENT.—Each report made under subsection (a) shall include—

(1) any certifications made under section 802;

(2) a description of the judicial review of the certifications made under 

section 802; and

(3) any actions taken to enforce the provisions of section 803.

SELECTED ADDITIONAL PROVISIONS OF THE 

FISA AMENDMENTS ACT OF 2008
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509

REVIEW OF PREVIOUS ACTIONS

SEC. 301. 

(a) DEFINITIONS.—In this section:

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term “appropriate 

committees of Congress” means—

(A) the Select Committee on Intelligence and the Committee on 

the Judiciary of the Senate; and

(B) the Permanent Select Committee on Intelligence and the 

Committee on the Judiciary of the House of Representatives.

(2) FOREIGN INTELLIGENCE SURVEILLANCE COURT.—The term 

“Foreign Intelligence Surveillance Court” means the court established 

under section 103(a) of the Foreign Intelligence Surveillance Act of 

1978 (50 U.S.C. 1803(a)).

(3) PRESIDENT’S SURVEILLANCE PROGRAM AND PROGRAM.—The terms 

“President’s Surveillance Program” and “Program” mean the intelligence 

activity involving communications that was authorized by the President 

during the period beginning on September 11, 2001, and ending on 

January 17, 2007, including the program referred to by the President in a 

radio address on December 17, 2005 (commonly known as the Terrorist 

Surveillance Program).

(b) REVIEWS.—

(1) REQUIREMENT TO CONDUCT.—The Inspectors General of the 

Department of Justice, the Office of the Director of National 

Intelligence, the National Security Agency, the Department of Defense, 

and any other element of the intelligence community that participated in 

the President’s Surveillance Program, shall complete a comprehensive 

review of, with respect to the oversight authority and responsibility of 

each such Inspector General—

(A) all of the facts necessary to describe the establishment, 

implementation, product, and use of the product of the Program;

(B) access to legal reviews of the Program and access to 

information about the Program;

(C) communications with, and participation of, individuals and 

entities in the private sector related to the Program;

(D) interaction with the Foreign Intelligence Surveillance Court 

and transition to court orders related to the Program; and

(E) any other matters identified by any such Inspector General 

that would enable that Inspector General to complete a review of 

the Program, with respect to such Department or element.

(2) COOPERATION AND COORDINATION.—
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

510

(A) COOPERATION.—Each Inspector General required to conduct 

a review under paragraph (1) shall—

(i) work in conjunction, to the extent practicable, with 

any other Inspector General required to conduct such a 

review; and

(ii) utilize, to the extent practicable, and not 

unnecessarily duplicate or delay, such reviews or audits 

that have been completed or are being undertaken by any 

such Inspector General or by any other office of the 

Executive Branch related to the Program.

(B) INTEGRATION OF OTHER REVIEWS.—The Counsel of the 

Office of Professional Responsibility of the Department of 

Justice shall provide the report of any investigation conducted by 

such Office on matters relating to the Program, including any 

investigation of the process through which legal reviews of the 

Program were conducted and the substance of such reviews, to 

the Inspector General of the Department of Justice, who shall 

integrate the factual findings and conclusions of such 

investigation into its review.

(C) COORDINATION.—The Inspectors General shall designate 

one of the Inspectors General required to conduct a review under

paragraph (1) that is appointed by the President, by and with the 

advice and consent of the Senate, to coordinate the conduct of 

the reviews and the preparation of the reports.

(c) REPORTS.—

(1) PRELIMINARY REPORTS.—Not later than 60 days after the date of the 

enactment of this Act, the Inspectors General of the Department of 

Justice, the Office of the Director of National Intelligence, the National 

Security Agency, the Department of Defense, and any other Inspector 

General required to conduct a review under subsection (b)(1), shall 

submit to the appropriate committees of Congress an interim report that 

describes the planned scope of such review.

(2) FINAL REPORT.—Not later than 1 year after the date of the enactment 

of this Act, the Inspectors General of the Department of Justice, the 

Office of the Director of National Intelligence, the National Security 

Agency, the Department of Defense, and any other Inspector General 

required to conduct a review under subsection (b)(1), shall submit to the 

appropriate committees of Congress, in a manner consistent with 

national security, a comprehensive report on such reviews that includes 

any recommendations of any such Inspectors General within the 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

511

oversight authority and responsibility of any such Inspector General with 

respect to the reviews.

(3) FORM.—A report under this subsection shall be submitted in 

unclassified form, but may include a classified annex. The unclassified 

report shall not disclose the name or identity of any individual or entity 

of the private sector that participated in the Program or with whom there 

was communication about the Program, to the extent that information is 

classified.

(d) RESOURCES.—

(1) EXPEDITED SECURITY CLEARANCE.—The Director of National 

Intelligence shall ensure that the process for the investigation and 

adjudication of an application by an Inspector General or any appropriate 

staff of an Inspector General for a security clearance necessary for the 

conduct of the review under subsection (b)(1) is carried out as 

expeditiously as possible.

(2) ADDITIONAL PERSONNEL FOR THE INSPECTORS GENERAL.—An 

Inspector General required to conduct a review under subsection (b)(1) 

and submit a report under subsection (c) is authorized to hire such 

additional personnel as may be necessary to carry out such review and 

prepare such report in a prompt and timely manner. Personnel authorized 

to be hired under this paragraph—

(A) shall perform such duties relating to such a review as the 

relevant Inspector General shall direct; and

(B) are in addition to any other personnel authorized by law.

(3) TRANSFER OF PERSONNEL.—The Attorney General, the Secretary of 

Defense, the Director of National Intelligence, the Director of the 

National Security Agency, or the head of any other element of the 

intelligence community may transfer personnel to the relevant Office of 

the Inspector General required to conduct a review under subsection 

(b)(1) and submit a report under subsection (c) and, in addition to any 

other personnel authorized by law, are authorized to fill any vacancy 

caused by such a transfer. Personnel transferred under this paragraph 

shall perform such duties relating to such review as the relevant 

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 application 

thereof to any person or circumstances is held invalid, the validity of the 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

512

remainder of the Act, of any such amendments, and of the application of such 

provisions to other persons and circumstances shall not be affected thereby.

TRANSITION PROCEDURES

SEC. 404.

(a) TRANSITION PROCEDURES FOR PROTECT AMERICA ACT OF 2007

PROVISIONS.—

(1) CONTINUED EFFECT OF ORDERS, AUTHORIZATIONS, DIRECTIVES.—

Except as provided in paragraph (7), notwithstanding any other provision 

of law, any order, authorization, or directive issued or made pursuant to 

section 105B of the Foreign Intelligence Surveillance Act of 1978, as 

added by section 2 of the Protect America Act of 2007 (Public Law 110-

55; 121 Stat. 552), shall continue in effect until the expiration of such 

order, authorization, or directive.

(2) APPLICABILITY OF PROTECT AMERICA ACT OF 2007 TO CONTINUED 

ORDERS, AUTHORIZATIONS, DIRECTIVES.—Notwithstanding any other 

provision of this Act, any amendment made by this Act, or the Foreign 

Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)—

(A) subject to paragraph (3), section 105A of such Act, as added 

by section 2 of the Protect America Act of 2007 (Public Law 

110-55; 121 Stat. 552), shall continue to apply to any acquisition 

conducted pursuant to an order, authorization, or directive 

referred to in paragraph (1); and

(B) sections 105B and 105C of the Foreign Intelligence 

Surveillance Act of 1978, as added by sections 2 and 3, 

respectively, of the Protect America Act of 2007, shall continue 

to apply with respect to an order, authorization, or directive 

referred to in paragraph (1) until the later of—

(i) the expiration of such order, authorization, or 

directive; or

(ii) the date on which final judgment is entered for any 

petition or other litigation relating to such order, 

authorization, or directive.

(3) USE OF INFORMATION.—Information acquired from an acquisition 

conducted pursuant to an order, authorization, or directive referred to in 

paragraph (1) shall be deemed to be information acquired from an 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

513

electronic surveillance pursuant to title I of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) for purposes of section 

106 of such Act (50 U.S.C. 1806), except for purposes of subsection (j) 

of such section.

(4) PROTECTION FROM LIABILITY.—Subsection (l) of section 105B of 

the Foreign Intelligence Surveillance Act of 1978, as added by section 2 

of the Protect America Act of 2007, shall continue to apply with respect 

to any directives issued pursuant to such section 105B.

(5) JURISDICTION OF FOREIGN INTELLIGENCE SURVEILLANCE COURT.—

Notwithstanding any other provision of this Act or of the Foreign 

Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), section 

103(e) of the Foreign Intelligence Surveillance Act (50 U.S.C. 1803(e)), 

as amended by section 5(a) of the Protect America Act of 2007 (Public 

Law 110-55; 121 Stat. 556), shall continue to apply with respect to a 

directive issued pursuant to section 105B of the Foreign Intelligence 

Surveillance Act of 1978, as added by section 2 of the Protect America 

Act of 2007, until the later of—

(A) the expiration of all orders, authorizations, or directives 

referred to in paragraph (1); or

(B) the date on which final judgment is entered for any petition 

or other litigation relating to such order, authorization, or 

directive.

(6) REPORTING REQUIREMENTS.—

(A) CONTINUED APPLICABILITY.—Notwithstanding any other 

provision of this Act, any amendment made by this Act, the

Protect America Act of 2007 (Public Law 110-55), or the 

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

seq.), section 4 of the Protect America Act of 2007 shall continue 

to apply until the date that the certification described in 

subparagraph (B) is submitted.

(B) CERTIFICATION.—The certification described in this 

subparagraph is a certification—

(i) made by the Attorney General;

(ii) submitted as part of a semi-annual report required by 

section 4 of the Protect America Act of 2007;

(iii) that states that there will be no further acquisitions 

carried out under section 105B of the Foreign 

Intelligence Surveillance Act of 1978, as added by 

section 2 of the Protect America Act of 2007, after the 

date of such certification; and
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

514

(iv) that states that the information required to be 

included under such section 4 relating to any acquisition 

conducted under such section 105B has been included in 

a semi-annual report required by such section 4.

(7) REPLACEMENT OF ORDERS, AUTHORIZATIONS, AND DIRECTIVES.—

(A) IN GENERAL.—If the Attorney General and the Director of 

National Intelligence seek to replace an authorization issued 

pursuant to section 105B of the Foreign Intelligence Surveillance 

Act of 1978, as added by section 2 of the Protect America Act of

2007 (Public Law 110-55), with an authorization under section 

702 of the Foreign Intelligence Surveillance Act of 1978 (as 

added by section 101(a) of this Act), the Attorney General and 

the Director of National Intelligence shall, to the extent 

practicable, submit to the Foreign Intelligence Surveillance Court 

(as such term is defined in section 701(b)(2) of such Act (as so 

added)) a certification prepared in accordance with subsection 

(g) of such section 702 and the procedures adopted in accordance 

with subsections (d) and (e) of such section 702 at least 30 days 

before the expiration of such authorization.

(B) CONTINUATION OF EXISTING ORDERS.—If the Attorney 

General and the Director of National Intelligence seek to replace 

an authorization made pursuant to section 105B of the Foreign 

Intelligence Surveillance Act of 1978, as added by section 2 of 

the Protect America Act of 2007 (Public Law 110-55; 121 Stat. 

522), by filing a certification in accordance with subparagraph 

(A), that authorization, and any directives issued thereunder and 

any order related thereto, shall remain in effect, notwithstanding 

the expiration provided for in subsection (a) of such section 

105B, until the Foreign Intelligence Surveillance Court (as such 

term is defined in section 701(b)(2) of the Foreign Intelligence 

Surveillance Act of 1978 (as so added)) issues an order with 

respect to that certification under section 702(i)(3) of such Act 

(as so added) at which time the provisions of that section and of 

section 702(i)(4) of such Act (as so added) shall apply.

(8) EFFECTIVE DATE.—Paragraphs (1) through (7) shall take effect as if 

enacted on August 5, 2007.

(b) TRANSITION PROCEDURES FOR FISA AMENDMENTS ACT OF 2008

PROVISIONS.—

(1) ORDERS IN EFFECT ON DECEMBER 31, 2012.—Notwithstanding any 

other provision of this Act, any amendment made by this Act, or the 

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

515

any order, authorization, or directive issued or made under title VII of 

the Foreign Intelligence Surveillance Act of 1978, as amended by section 

101(a), shall continue in effect until the date of the expiration of such 

order, authorization, or directive.

(2) APPLICABILITY OF TITLE VII OF FISA TO CONTINUED ORDERS,

AUTHORIZATIONS, DIRECTIVES.—Notwithstanding any other provision 

of this Act, any amendment made by this Act, or the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), with respect to any 

order, authorization, or directive referred to in paragraph (1), title VII of 

such Act, as amended by section 101(a), shall continue to apply until the 

later of—

(A) the expiration of such order, authorization, or directive; or

(B) the date on which final judgment is entered for any petition 

or other litigation relating to such order, authorization, or 

directive.

(3) CHALLENGE OF DIRECTIVES; PROTECTION FROM LIABILITY; USE OF 

INFORMATION.—Notwithstanding any other provision of this Act or of 

the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

seq.)—

(A) section 103(e) of such Act, as amended by section 

403(a)(1)(B)(ii), shall continue to apply with respect to any 

directive issued pursuant to section 702(h) of such Act, as added 

by section 101(a);

(B) section 702(h)(3) of such Act (as so added) shall continue to 

apply with respect to any directive issued pursuant to section 

702(h) of such Act (as so added);

(C) section 703(e) of such Act (as so added) shall continue to 

apply with respect to an order or request for emergency 

assistance under that section;

(D) section 706 of such Act (as so added) shall continue to apply 

to an acquisition conducted under section 702 or 703 of such Act 

(as so added); and

(E) section 2511(2)(a)(ii)(A) of title 18, United States Code, as 

amended by section 101(c)(1), shall continue to apply to an order 

issued pursuant to section 704 of the Foreign Intelligence 

Surveillance Act of 1978, as added by section 101(a).

(4) REPORTING REQUIREMENTS.—

(A) CONTINUED APPLICABILITY.—Notwithstanding any other 

provision of this Act or of the Foreign Intelligence Surveillance 

Act of 1978 (50 U.S.C. 1801 et seq.), section 601(a) of such Act 

(50 U.S.C. 1871(a)), as amended by section 101(c)(2), and 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

516

sections 702(l) and 707 of such Act, as added by section 101(a), 

shall continue to apply until the date that the certification 

described in subparagraph (B) is submitted.

(B) CERTIFICATION.—The certification described in this 

subparagraph is a certification—

(i) made by the Attorney General;

(ii) submitted to the Select Committee on Intelligence of 

the Senate, the Permanent Select Committee on 

Intelligence of the House of Representatives, and the 

Committees on the Judiciary of the Senate and the 

House of Representatives;

(iii) that states that there will be no further acquisitions 

carried out under title VII of the Foreign Intelligence

Surveillance Act of 1978, as amended by section 101(a), 

after the date of such certification; and

(iv) that states that the information required to be 

included in a review, assessment, or report under section 

601 of such Act, as amended by section 101(c), or 

section 702(l) or 707 of such Act, as added by section 

101(a), relating to any acquisition conducted under title 

VII of such Act, as amended by section 101(a), has been 

included in a review, assessment, or report under such 

section 601, 702(l), or 707.

(5) TRANSITION PROCEDURES CONCERNING THE TARGETING OF UNITED 

STATES PERSONS OVERSEAS.—Any authorization in effect on the date of 

enactment of this Act under section 2.5 of Executive Order 12333 to 

intentionally target a United States person reasonably believed to be 

located outside the United States shall continue in effect, and shall 

constitute a sufficient basis for conducting such an acquisition targeting 

a United States person located outside the United States until the earlier 

of—

(A) the date that authorization expires; or

(B) the date that is 90 days after the date of the enactment of this 

Act.
PROCEDURES FOR THE RETENTION OF INCIDENTALLY ACQUIRED 

COMMUNICATIONS

517

PROCEDURES FOR THE RETENTION OF INCIDENTALLY 

ACQUIRED COMMUNICATIONS

[Public Law 113–293; 128 STAT. 3998; December 19, 2014]

SEC. 309 OF THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2015

[50 U.S.C. § 1813].

(a) DEFINITIONS.—In this section:

(1) COVERED COMMUNICATION.—The term “covered communication”

means any nonpublic telephone or electronic communication acquired 

without the consent of a person who is a party to the communication, 

including communications in electronic storage.

(2) HEAD OF AN ELEMENT OF THE INTELLIGENCE COMMUNITY.—The 

term “head of an element of the intelligence community” means, as 

appropriate—

(A) the head of an element of the intelligence community; or

(B) the head of the department or agency containing such 

element.

(3) UNITED STATES PERSON.—The term “United States person” has the 

meaning given that term in section 101 of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1801).

(b) PROCEDURES FOR COVERED COMMUNICATIONS.—

(1) REQUIREMENT TO ADOPT.—Not later than 2 years after the date of 

the enactment of this Act each head of an element of the intelligence 

community shall adopt procedures approved by the Attorney General for 

such element that ensure compliance with the requirements of paragraph 

(3).

(2) COORDINATION AND APPROVAL.—The procedures required by 

paragraph (1) shall be—

(A) prepared in coordination with the Director of National 

Intelligence; and

(B) approved by the Attorney General prior to issuance.

(3) PROCEDURES.—

(A) APPLICATION.—The procedures required by paragraph (1) 

shall apply to any intelligence collection activity not otherwise 

authorized by court order (including an order or certification 

issued by a court established under subsection (a) or (b) of 

section 103 of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1803)), subpoena, or similar legal process that is 

reasonably anticipated to result in the acquisition of a covered 
PROCEDURES FOR THE RETENTION OF INCIDENTALLY ACQUIRED 

COMMUNICATIONS

518

communication to or from a United States person and shall 

permit the acquisition, retention, and dissemination of covered 

communications subject to the limitation in subparagraph (B).

(B) LIMITATION ON RETENTION.—A covered communication 

shall not be retained in excess of 5 years, unless—

(i) the communication has been affirmatively 

determined, in whole or in part, to constitute foreign 

intelligence or counterintelligence or is necessary to 

understand or assess foreign intelligence or 

counterintelligence;

(ii) the communication is reasonably believed to 

constitute evidence of a crime and is retained by a law 

enforcement agency;

(iii) the communication is enciphered or reasonably 

believed to have a secret meaning;

(iv) all parties to the communication are reasonably 

believed to be non-United States persons;

(v) retention is necessary to protect against an imminent 

threat to human life, in which case both the nature of the 

threat and the information to be retained shall be 

reported to the congressional intelligence committees not 

later than 30 days after the date such retention is 

extended under this clause;

(vi) retention is necessary for technical assurance or 

compliance purposes, including a court order or 

discovery obligation, in which case access to 

information retained for technical assurance or 

compliance purposes shall be reported to the 

congressional intelligence committees on an annual 

basis; or

(vii) retention for a period in excess of 5 years is 

approved by the head of the element of the intelligence 

community responsible for such retention, based on a 

determination that retention is necessary to protect the 

national security of the United States, in which case the 

head of such element shall provide to the congressional 

intelligence committees a written certification 

describing—

(I) the reasons extended retention is necessary to 

protect the national security of the United States;
PROCEDURES FOR THE RETENTION OF INCIDENTALLY ACQUIRED 

COMMUNICATIONS

519

(II) the duration for which the head of the 

element is authorizing retention;

(III) the particular information to be retained; 

and

(IV) the measures the element of the intelligence 

community is taking to protect the privacy 

interests of United States persons or persons 

located inside the United States.
TITLE 10, MILITARY COMMISSIONS 

520

TITLE 10, CHAPTER 47A, UNITED STATES CODE, 

MILITARY COMMISSIONS

TABLE OF CONTENTS

SUBCHAPTER I—GENERAL PROVISION

SEC. 948a. Definitions.

SEC. 948b. Military commissions generally.

SEC. 948c. Persons subject to military commissions.

SEC. 948d. Jurisdiction of military commissions.

SUBCHAPTER II—COMPOSITION OF MILITARY COMMISSIONS

SEC. 948h. Who may convene military commissions.

SEC. 948i. Who may serve on military commissions.

SEC. 948j. Military judge of a military commission.

SEC. 948k. Detail of trial counsel and defense counsel.

SEC. 948l. Detail or employment of reporters and interpreters.

SEC. 948m. Number of members; excuse of members; absent and additional 

members.

SUBCHAPTER III—PRE-TRIAL PROCEDURE

SEC. 948q. Charges and specifications.

SEC. 948r. Exclusion of statements obtained by torture or cruel, inhuman, or 

degrading treatment; prohibition of self-incrimination; admission 

of other statements of the accused.

SEC. 948s. Service of charges.

SUBCHAPTER IV—TRIAL PROCEDURE

SEC. 949a. Rules.

SEC. 949b. Unlawfully influencing action of military commission and 

United States Court of Military Commission Review.

SEC. 949c. Duties of trial counsel and defense counsel.

SEC. 949d. Sessions.

SEC. 949e. Continuances.

SEC. 949f. Challenges.

SEC. 949g. Oaths.

SEC. 949h. Former jeopardy.
TITLE 10, MILITARY COMMISSIONS 

521

SEC. 949i. Pleas of the accused.

SEC. 949j. Opportunity to obtain witnesses and other evidence.

SEC. 949k. Defense of lack of mental responsibility.

SEC. 949l. Voting and rulings.

SEC. 949m. Number of votes required.

SEC. 949n. Military commission to announce action.

SEC. 949o. Record of trial.

SUBCHAPTER V—CLASSIFIED INFORMATION PROCEDURES

SEC. 949p–1. Protection of classified information: applicability of subchapter.

SEC. 949p–2. Pretrial conference.

SEC. 949p–3. Protective orders.

SEC. 949p–4. Discovery of, and access to, classified information by the 

accused.

SEC. 949p–5. Notice by accused of intention to disclose classified information.

SEC. 949p–6. Procedure for cases involving classified information.

SEC. 949p–7. Introduction of classified information into evidence.

SUBCHAPTER VI—SENTENCES

SEC. 949s. Cruel or unusual punishments prohibited.

SEC. 949t. Maximum limits.

SEC. 949u. Execution of confinement.

SUBCHAPTER VII—POST-TRIAL PROCEDURE AND REVIEW OF MILITARY 

COMMISSIONS

SEC. 950a. Error of law; lesser included offense.

SEC. 950b. Review by the convening authority.

SEC. 950c. Appellate referral; waiver or withdrawal of appeal.

SEC. 950d. Interlocutory appeals by the United States.

SEC. 950e. Rehearings.

SEC. 950f. Review by United States Court of Military Commission Review.

SEC. 950g. Review by United States Court of Court of Appeals for the 

District of Columbia Circuit; writ of certiorari to Supreme Court.

SEC. 950h. Appellate counsel.

SEC. 950i. Execution of sentence; suspension of sentence.

SEC. 950j. Finality of proceedings, findings, and sentences.
TITLE 10, MILITARY COMMISSIONS 

522

SUBCHAPTER VIII—PUNITIVE MATTERS

SEC. 950p. Definitions; construction of certain offenses; common 

circumstances.

SEC. 950q. Principals.

SEC. 950r. Accessory after the fact.

SEC. 950s. Conviction of lesser offenses.

SEC. 950t. Crimes triable by military commission.

SUBCHAPTER I – GENERAL PROVISIONS

DEFINITIONS

SEC. 948A.

In this chapter:

(1) ALIEN.—The term “alien” means an individual who is not a citizen of the 

United States.

(2) CLASSIFIED INFORMATION.—The term “classified information” means the 

following:

(A) Any information or material that has been determined by the United 

States Government pursuant to statute, Executive order, or regulation to 

require protection against unauthorized disclosure for reasons of national 

security.

(B) Any restricted data, as that term is defined in section 11 y. of the 

Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).

(3) COALITION PARTNER.—The term “coalition partner”, with respect to 

hostilities engaged in by the United States, means any State or armed force 

directly engaged along with the United States in such hostilities or providing 

direct operational support to the United States in connection with such hostilities.

(4) GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF 

WAR.—The term “Geneva Convention Relative to the Treatment of Prisoners of 

War” means the Convention Relative to the Treatment of Prisoners of War, done 

at Geneva August 12, 1949 (6 UST 3316).

(5) GENEVA CONVENTIONS.—The term “Geneva Conventions” means the 

international conventions signed at Geneva on August 12, 1949.

(6) PRIVILEGED BELLIGERENT.—The term “privileged belligerent” means an 

individual belonging to one of the eight categories enumerated in Article 4 of the 

Geneva Convention Relative to the Treatment of Prisoners of War.
TITLE 10, MILITARY COMMISSIONS 

523

(7) UNPRIVILEGED ENEMY BELLIGERENT.—The term “unprivileged enemy 

belligerent” means an individual (other than a privileged belligerent) who—

(A) has engaged in hostilities against the United States or its coalition 

partners;

(B) has purposefully and materially supported hostilities against the 

United States or its coalition partners; or

(C) was a part of al Qaeda at the time of the alleged offense under this 

chapter.

(8) NATIONAL SECURITY.—The term “national security” means the national 

defense and foreign relations of the United States.

(9) HOSTILITIES.—The term “hostilities” means any conflict subject to the laws 

of war.

MILITARY COMMISSIONS GENERALLY

SEC. 948B.

(a) PURPOSE.—This chapter establishes procedures governing the use of military 

commissions to try alien unprivileged enemy belligerents for violations of the 

law of war and other offenses triable by military commission.

(b) AUTHORITY FOR MILITARY COMMISSIONS UNDER THIS CHAPTER.—The 

President is authorized to establish military commissions under this chapter for 

offenses triable by military commission as provided in this chapter.

(c) CONSTRUCTION OF PROVISIONS.—The procedures for military commissions 

set forth in this chapter are based upon the procedures for trial by general courtsmartial under chapter 47 of this title (the Uniform Code of Military Justice). 

Chapter 47 of this title does not, by its terms, apply to trial by military 

commission except as specifically provided therein or in this chapter, and many 

of the provisions of chapter 47 of this title are by their terms inapplicable to 

military commissions. The judicial construction and application of chapter 47 of 

this title, while instructive, is therefore not of its own force binding on military 

commissions established under this chapter.

(d) INAPPLICABILITY OF CERTAIN PROVISIONS.—

(1) The following provisions of this title shall not apply to trial by 

military commission under this chapter:

(A) Section 810 (article 10 of the Uniform Code of Military

Justice), relating to speedy trial, including any rule of courtsmartial relating to speedy trial.

(B) Sections 831(a), (b), and (d) (articles 31(a), (b), and (d) of 

the Uniform Code of Military Justice), relating to compulsory 

self-incrimination.
TITLE 10, MILITARY COMMISSIONS 

524

(C) Section 832 (article 32 of the Uniform Code of Military 

Justice), relating to preliminary hearing.

(2) Other provisions of chapter 47 of this title shall apply to trial by 

military commission under this chapter only to the extent provided by the 

terms of such provisions or by this chapter.

(e) GENEVA CONVENTIONS NOT ESTABLISHING PRIVATE RIGHT OF ACTION.—

No alien unprivileged enemy belligerent subject to trial by military commission 

under this chapter may invoke the Geneva Conventions as a basis for a private 

right of action.

PERSONS SUBJECT TO MILITARY COMMISSIONS

SEC. 948C.

Any alien unprivileged enemy belligerent is subject to trial by military 

commission as set forth in this chapter.

JURISDICTION OF MILITARY COMMISSIONS

SEC. 948D. 

A military commission under this chapter shall have jurisdiction to try persons 

subject to this chapter for any offense made punishable by this chapter, sections 

904 and 906 of this title (articles 104 and 106 of the Uniform Code of Military 

Justice), or the law of war, whether such offense was committed before, on, or 

after September 11, 2001, and may, under such limitations as the President may 

prescribe, adjudge any punishment not forbidden by this chapter, including the 

penalty of death when specifically authorized under this chapter. A military 

commission is a competent tribunal to make a finding sufficient for jurisdiction.

SUBCHAPTER II—COMPOSITION OF MILITARY COMMISSIONS

WHO MAY CONVENE MILITARY COMMISSIONS

SEC. 948H.

Military commissions under this chapter may be convened by the Secretary of 

Defense or by any officer or official of the United States designated by the 

Secretary for that purpose.
TITLE 10, MILITARY COMMISSIONS 

525

WHO MAY SERVE ON MILITARY COMMISSIONS

SEC. 948I.

(a) IN GENERAL.—Any commissioned officer of the armed forces on active duty 

is eligible to serve on a military commission under this chapter, including 

commissioned officers of the reserve components of the armed forces on active 

duty, commissioned officers of the National Guard on active duty in Federal 

service, or retired commissioned officers recalled to active duty.

(b) DETAIL OF MEMBERS.—When convening a military commission under this 

chapter, the convening authority shall detail as members thereof such members of 

the armed forces eligible under subsection (a) who, in the opinion of the 

convening authority, are best qualified for the duty by reason of age, education, 

training, experience, length of service, and judicial temperament. No member of 

an armed force is eligible to serve as a member of a military commission when 

such member is the accuser or a witness for the prosecution or has acted as an 

investigator or counsel in the same case.

(c) EXCUSE OF MEMBERS.—Before a military commission under this chapter is 

assembled for the trial of a case, the convening authority may excuse a member 

from participating in the case.

MILITARY JUDGE OF A MILITARY COMMISSION

SEC. 948J.

(a) DETAIL OF MILITARY JUDGE.—A military judge shall be detailed to each 

military commission under this chapter. The Secretary of Defense shall prescribe 

regulations providing for the manner in which military judges are so detailed to 

military commissions. The military judge shall preside over each military 

commission to which such military judge has been detailed.

(b) ELIGIBILITY.—A military judge shall be a commissioned officer of the armed 

forces who is a member of the bar of a Federal court, or a member of the bar of 

the highest court of a State, and who is certified to be qualified for duty under 

section 826 of this title (article 26 of the Uniform Code of Military Justice) as a 

military judge of general courts-martial by the Judge Advocate General of the 

armed force of which such military judge is a member.

(c) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No person is eligible to act as 

military judge in a case of a military commission under this chapter if such 

person is the accuser or a witness or has acted as investigator or a counsel in the 

same case.

(d) CONSULTATION WITH MEMBERS; INELIGIBILITY TO VOTE.—A military judge 

detailed to a military commission under this chapter may not consult with the 

members except in the presence of the accused (except as otherwise provided in 
TITLE 10, MILITARY COMMISSIONS 

526

section 949d of this title), trial counsel, and defense counsel, nor may such 

military judge vote with the members.

(e) OTHER DUTIES.—A commissioned officer who is certified to be qualified for 

duty as a military judge of a military commission under this chapter may perform 

such other duties as are assigned to such officer by or with the approval of the 

Judge Advocate General of the armed force of which such officer is a member or 

the designee of such Judge Advocate General.

(f) PROHIBITION ON EVALUATION OF FITNESS BY CONVENING AUTHORITY.—

The convening authority of a military commission under this chapter may not 

prepare or review any report concerning the effectiveness, fitness, or efficiency 

of a military judge detailed to the military commission which relates to such 

judge’s performance of duty as a military judge on the military commission.

DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL

SEC. 948K.

(a) DETAIL OF COUNSEL GENERALLY.—

(1) Trial counsel and military defense counsel shall be detailed for each 

military commission under this chapter.

(2) Assistant trial counsel and assistant and associate defense counsel 

may be detailed for a military commission under this chapter.

(3) Military defense counsel for a military commission under this chapter 

shall be detailed as soon as practicable.

(4) The Secretary of Defense shall prescribe regulations providing for the 

manner in which trial counsel and military defense counsel are detailed 

for military commissions under this chapter and for the persons who are 

authorized to detail such counsel for such military commissions.

(b) TRIAL COUNSEL.—Subject to subsection (e), a trial counsel detailed for a 

military commission under this chapter shall be—

(1) a judge advocate (as that term is defined in section 801 of this title 

(article 1 of the Uniform Code of Military Justice)) who is—

(A) a graduate of an accredited law school or a member of the 

bar of a Federal court or of the highest court of a State; and

(B) certified as competent to perform duties as trial counsel 

before general courts-martial by the Judge Advocate General of 

the armed force of which such judge advocate is a member; or

(2) a civilian who is—

(A) a member of the bar of a Federal court or of the highest court 

of a State; and
TITLE 10, MILITARY COMMISSIONS 

527

(B) otherwise qualified to practice before the military 

commission pursuant to regulations prescribed by the Secretary 

of Defense.

(c) DEFENSE COUNSEL.—

(1) Subject to subsection (e), a military defense counsel detailed for a 

military commission under this chapter shall be a judge advocate (as so 

defined) who is—

(A) a graduate of an accredited law school or a member of the 

bar of a Federal court or of the highest court of a State; and

(B) certified as competent to perform duties as defense counsel 

before general courts-martial by the Judge Advocate General of 

the armed force of which such judge advocate is a member.

(2) The Secretary of Defense shall prescribe regulations for the 

appointment and performance of defense counsel in capital cases under 

this chapter.

(d) CHIEF PROSECUTOR; CHIEF DEFENSE COUNSEL.—

(1) The Chief Prosecutor in a military commission under this chapter 

shall meet the requirements set forth in subsection (b)(1).

(2) The Chief Defense Counsel in a military commission under this 

chapter shall meet the requirements set forth in subsection (c)(1).

(e) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No person who has acted as an 

investigator, military judge, or member of a military commission under this 

chapter in any case may act later as trial counsel or military defense counsel in 

the same case. No person who has acted for the prosecution before a military 

commission under this chapter may act later in the same case for the defense, nor 

may any person who has acted for the defense before a military commission 

under this chapter act later in the same case for the prosecution.

DETAIL OR EMPLOYMENT OF REPORTERS AND INTERPRETERS

SEC. 948L.

(a) COURT REPORTERS.—Under such regulations as the Secretary of Defense 

may prescribe, the convening authority of a military commission under this 

chapter shall detail to or employ for the military commission qualified court 

reporters, who shall prepare a verbatim record of the proceedings of and 

testimony taken before the military commission.

(b) INTERPRETERS.—Under such regulations as the Secretary of Defense may 

prescribe, the convening authority of a military commission under this chapter 

may detail to or employ for the military commission interpreters who shall 

interpret for the military commission, and, as necessary, for trial counsel and 

defense counsel for the military commission, and for the accused.
TITLE 10, MILITARY COMMISSIONS 

528

(c) TRANSCRIPT; RECORD.—The transcript of a military commission under this 

chapter shall be under the control of the convening authority of the military 

commission, who shall also be responsible for preparing the record of the 

proceedings of the military commission.

NUMBER OF MEMBERS; EXCUSE OF MEMBERS;

ABSENT AND ADDITIONAL MEMBERS

SEC. 948M.

(a) NUMBER OF MEMBERS.—

(1) Except as provided in paragraph (2), a military commission under this 

chapter shall have at least five primary members and as many alternate 

members as the convening authority shall detail. Alternate members shall 

be designated in the order in which they will replace an excused primary 

member.

(2) In a case in which the accused before a military commission under 

this chapter may be sentenced to a penalty of death, the military 

commission shall have the number of primary members prescribed by 

section 949m(c) of this title.

(b) PRIMARY MEMBERS.—Primary members of a military commission under this 

chapter are voting members.

(c) ALTERNATE MEMBERS.—

(1) A military commission may include alternate members to replace 

primary members who are excused from service on the commission.

(2) Whenever a primary member is excused from service on the 

commission, an alternate member, if available, shall replace the excused 

primary member and the trial may proceed.

(d) EXCUSE OF MEMBERS.—No primary or alternate member of a military 

commission under this chapter may be absent or excused after the military 

commission has been 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 cause;

(3) by order of the convening authority for good cause; or

(4) in the case of an alternate member, in order to reduce the number of 

alternate members required for service on the commission, as determined 

by the convening authority.

(e) ABSENT AND ADDITIONAL MEMBERS.—Whenever the number of primary 

members of a military commission under this chapter is reduced below the 

number of primary members required by subsection (a) and there are no 

remaining alternate members to replace the excused primary members, the trial 

may not proceed unless the convening authority details new members sufficient 
TITLE 10, MILITARY COMMISSIONS 

529

to provide not less than such number. The trial may proceed with the new 

members present after the recorded evidence previously introduced before the 

members has been read to the military commission in the presence of the military 

judge, the accused (except as provided in section 949d of this title), and counsel 

for both sides. An alternate member who was present for the introduction of all 

evidence shall not be considered to be a new or additional member.

SUBCHAPTER III—PRE-TRIAL PROCEDURE

CHARGES AND SPECIFICATIONS

SEC. 948Q.

(a) CHARGES AND SPECIFICATIONS.—Charges and specifications against an 

accused in a military commission under this chapter shall be signed by a person 

subject to chapter 47 of this title under oath before a commissioned officer of the 

armed forces authorized to administer oaths and shall state—

(1) that the signer has personal knowledge of, or reason to believe, the 

matters set forth therein; and

(2) that such matters are true in fact to the best of the signer’s knowledge 

and belief.

(b) NOTICE TO ACCUSED.—Upon the swearing of the charges and specifications 

in accordance with subsection (a), the accused shall be informed of the charges 

and specifications against the accused as soon as practicable.

EXCLUSION OF STATEMENTS OBTAINED BY TORTURE OR CRUEL, INHUMAN,

OR DEGRADING TREATMENT; PROHIBITION OF SELF-INCRIMINATION;

ADMISSION OF OTHER STATEMENTS OF THE ACCUSED

SEC. 948R.

(a) EXCLUSION OF STATEMENTS OBTAIN BY TORTURE OR CRUEL, INHUMAN, OR 

DEGRADING TREATMENT.—No statement obtained by the use of torture or by 

cruel, inhuman, or degrading treatment (as defined by section 1003 of the 

Detainee Treatment Act of 2005 (42 U.S.C. 2000dd)), whether or not under color 

of law, shall be admissible in a military commission under this chapter, except 

against a person accused of torture or such treatment as evidence that the 

statement was made.

(b) SELF-INCRIMINATION PROHIBITED.—No person shall be required to testify 

against himself or herself at a proceeding of a military commission under this 

chapter.
TITLE 10, MILITARY COMMISSIONS 

530

(c) OTHER STATEMENTS OF THE ACCUSED.—A statement of the accused may be 

admitted in evidence in a military commission under this chapter only if the 

military judge finds—

(1) that the totality of the circumstances renders the statement reliable 

and possessing sufficient probative value; and

(2) that—

(A) the statement was made incident to lawful conduct during 

military operations at the point of capture or during closely 

related active combat engagement, and the interests of justice 

would best be served by admission of the statement into 

evidence; or

(B) the statement was voluntarily given.

(d) DETERMINATION OF VOLUNTARINESS.—In determining for purposes of 

subsection (c)(2)(B) whether a statement was voluntarily given, the military 

judge shall consider the totality of the circumstances, including, as appropriate, 

the following:

(1) The details of the taking of the statement, accounting for the 

circumstances of the conduct of military and intelligence operations 

during hostilities.

(2) The characteristics of the accused, such as military training, age, and 

education level.

(3) The lapse of time, change of place, or change in identity of the 

questioners between the statement sought to be admitted and any prior 

questioning of the accused.

SERVICE OF CHARGES

SEC. 948S.

The trial counsel assigned to a case before a military commission under this 

chapter shall cause to be served upon the accused and military defense counsel a 

copy of the charges upon which trial is to be had in English and, if appropriate, in 

another language that the accused understands, sufficiently in advance of trial to 

prepare a defense.

SUBCHAPTER IV—TRIAL PROCEDURE

RULES

SEC. 949A.

(a) PROCEDURES AND RULES OF EVIDENCE.—Pretrial, trial, and post-trial 

procedures, including elements and modes of proof, for cases triable by military 
TITLE 10, MILITARY COMMISSIONS 

531

commission under this chapter may be prescribed by the Secretary of Defense. 

Such procedures may not be contrary to or inconsistent with this chapter. Except 

as otherwise provided in this chapter or chapter 47 of this title, the procedures 

and rules of evidence applicable in trials by general courts-martial of the United 

States shall apply in trials by military commission under this chapter.

(b) EXCEPTIONS.—

(1) In trials by military commission under this chapter, the Secretary of 

Defense, in consultation with the Attorney General, may make such 

exceptions in the applicability of the procedures and rules of evidence 

otherwise applicable in general courts-martial as may be required by the 

unique circumstances of the conduct of military and intelligence 

operations during hostilities or by other practical need consistent with 

this chapter.

(2) Notwithstanding any exceptions authorized by paragraph (1), the 

procedures and rules of evidence in trials by military commission under 

this chapter shall include, at a minimum, the following rights of the 

accused:

(A) To present evidence in the accused’s defense, to crossexamine the witnesses who testify against the accused, and to 

examine and respond to all evidence admitted against the 

accused on the issue of guilt or innocence and for sentencing, as 

provided for by this chapter.

(B) To be present at all sessions of the military commission 

(other than those for deliberations or voting), except when 

excluded under section 949d of this title.

(C)(i) When none of the charges sworn against the accused are 

capital, to be represented before a military commission by 

civilian counsel if provided at no expense to the Government, 

and by either the defense counsel detailed or the military counsel 

of the accused’s own selection, if reasonably available.

(ii) When any of the charges sworn against the accused 

are capital, to be represented before a military 

commission in accordance with clause (i) and, to the 

greatest extent practicable, by at least one additional 

counsel who is learned in applicable law relating to 

capital cases and who, if necessary, may be a civilian 

and compensated in accordance with regulations 

prescribed by the Secretary of Defense.

(D) To self-representation, if the accused knowingly and 

competently waives the assistance of counsel, subject to the 

provisions of paragraph (4).
TITLE 10, MILITARY COMMISSIONS 

532

(E) To the suppression of evidence that is not reliable or 

probative.

(F) To the suppression of evidence the probative value of which 

is substantially outweighed by—

(i) the danger of unfair prejudice, confusion of the 

issues, or misleading the members; or

(ii) considerations of undue delay, waste of time, or 

needless presentation of cumulative evidence.

(3) In making exceptions in the applicability in trials by military 

commission under this chapter from the procedures and rules otherwise 

applicable in general courts-martial, the Secretary of Defense may 

provide the following:

(A) Evidence seized outside the United States shall not be 

excluded from trial by military commission on the grounds that 

the evidence was not seized pursuant to a search warrant or 

authorization.

(B) A statement of the accused that is otherwise admissible shall 

not be excluded from trial by military commission on grounds of 

alleged coercion or compulsory self-incrimination so long as the 

evidence complies with the provisions of section 948r of this 

title.

(C) Evidence shall be admitted as authentic so long as—

(i) the military judge of the military commission 

determines that there is sufficient evidence that the 

evidence is what it is claimed to be; and

(ii) the military judge instructs the members that they 

may consider any issue as to authentication or 

identification of evidence in determining the weight, if 

any, to be given to the evidence.

(D) Hearsay evidence not otherwise admissible under the rules 

of evidence applicable in trial by general courts-martial may be 

admitted in a trial by military commission only if—

(i) the proponent of the evidence makes known to the 

adverse party, sufficiently in advance to provide the 

adverse party with a fair opportunity to meet the 

evidence, the proponent’s intention to offer the evidence, 

and the particulars of the evidence (including 

information on the circumstances under which the 

evidence was obtained); and

(ii) the military judge, after taking into account all of the

circumstances surrounding the taking of the statement, 
TITLE 10, MILITARY COMMISSIONS 

533

including the degree to which the statement is 

corroborated, the indicia of reliability within the 

statement itself, and whether the will of the declarant 

was overborne, determines that—

(I) the statement is offered as evidence of a 

material fact;

(II) the statement is probative on the point for 

which it is offered;

(III) direct testimony from the witness is not 

available as a practical matter, taking into 

consideration the physical location of the 

witness, the unique circumstances of military 

and intelligence operations during hostilities, 

and the adverse impacts on military or 

intelligence operations that would likely result 

from the production of the witness; and

(IV) the general purposes of the rules of 

evidence and the interests of justice will best be 

served by admission of the statement into 

evidence.

(4)(A) The accused in a military commission under this chapter who 

exercises the right to self-representation under paragraph (2)(D) shall 

conform the accused’s deportment and the conduct of the defense to the 

rules of evidence, procedure, and decorum applicable to trials by military 

commission.

(B) Failure of the accused to conform to the rules described in 

subparagraph (A) may result in a partial or total revocation by 

the military judge of the right of self-representation under 

paragraph (2)(D). In such case, the military counsel of the 

accused or an appropriately authorized civilian counsel shall 

perform the functions necessary for the defense.

(c) DELEGATION OF AUTHORITY TO PRESCRIBE REGULATIONS.—The Secretary 

of Defense may delegate the authority of the Secretary to prescribe regulations 

under this chapter.

(d) NOTICE TO CONGRESS OF MODIFICATION OF RULES.—Not later than 60 days 

before the date on which any proposed modification of the rules in effect for 

military commissions under this chapter goes into effect, the Secretary of 

Defense shall submit to the Committee on Armed Services of the Senate and the 

Committee on Armed Services of the House of Representatives a report 

describing the proposed modification.
TITLE 10, MILITARY COMMISSIONS 

534

UNLAWFULLY INFLUENCING ACTION OF MILITARY COMMISSION AND UNITED 

STATES COURT OF MILITARY COMMISSION REVIEW

SEC. 949B.

(a) MILITARY COMMISSIONS.—

(1) No authority convening a military commission under this chapter 

may censure, reprimand, or admonish the military commission, or any 

member, military judge, or counsel thereof, with respect to the findings 

or sentence adjudged by the military commission, or with respect to any 

other exercises of its or their functions in the conduct of the proceedings.

(2) No person may attempt to coerce or, by any unauthorized means, 

influence—

(A) the action of a military commission under this chapter, or 

any member thereof, in reaching the findings or sentence in any 

case;

(B) the action of any convening, approving, or reviewing 

authority with respect to their judicial acts; or

(C) the exercise of professional judgment by trial counsel or 

defense counsel.

(3) The provisions of this subsection shall not apply with respect to—

(A) general instructional or informational courses in military 

justice if such courses are designed solely for the purpose of 

instructing members of a command in the substantive and 

procedural aspects of military commissions; or

(B) statements and instructions given in open proceedings by a 

military judge or counsel.

(b) UNITED STATES COURT OF MILITARY COMMISSION REVIEW.—

(1) No person may attempt to coerce or, by any unauthorized means, 

influence—

(A) the action of a judge on the United States Court of Military 

Commissions Review in reaching a decision on the findings or 

sentence on appeal in any case; or

(B) the exercise of professional judgment by trial counsel or 

defense counsel appearing before the United States Court of 

Military Commission Review.

(2) No person may censure, reprimand, or admonish a judge on the 

United States Court of Military Commission Review, or counsel thereof, 

with respect to any exercise of their functions in the conduct of 

proceedings under this chapter.
TITLE 10, MILITARY COMMISSIONS 

535

(3) The provisions of this subsection shall not apply with respect to—

(A) general instructional or informational courses in military 

justice if such courses are designed solely for the purpose of 

instructing members of a command in the substantive and 

procedural aspects of military commissions; or

(B) statements and instructions given in open proceedings by a 

judge on the United States Court of Military Commission 

Review, or counsel.

(4) No appellate military judge on the United States Court of Military 

Commission Review may be reassigned to other duties, except under 

circumstances as follows:

(A) The appellate military judge voluntarily requests to be 

reassigned to other duties and the Secretary of Defense, or the 

designee of the Secretary, in consultation with the Judge 

Advocate General of the armed force of which the appellate 

military judge is a member, approves such reassignment.

(B) The appellate military judge retires or otherwise separates 

from the armed forces.

(C) The appellate military judge is reassigned to other duties by 

the Secretary of Defense, or the designee of the Secretary, in 

consultation with the Judge Advocate General of the armed force 

of which the appellate military judge is a member, based on 

military necessity and such reassignment is consistent with 

service rotation regulations (to the extent such regulations are 

applicable).

(D) The appellate military judge is withdrawn by the Secretary 

of Defense, or the designee of the Secretary, in consultation with 

the Judge Advocate General of the armed force of which the 

appellate military judge is a member, for good cause consistent 

with applicable procedures under chapter 47 of this title (the 

Uniform Code of Military Justice).

(c) PROHIBITION ON CONSIDERATION OF ACTIONS ON COMMISSION IN 

EVALUATION OF FITNESS.—In the preparation of an effectiveness, fitness, or 

efficiency report or any other report or document used in whole or in part for the 

purpose of determining whether a commissioned officer of the armed forces is 

qualified to be advanced in grade, or in determining the assignment or transfer of 

any such officer or whether any such officer should be retained on active duty, no 

person may—

(1) consider or evaluate the performance of duty of any member of a 

military commission under this chapter; or
TITLE 10, MILITARY COMMISSIONS 

536

(2) give a less favorable rating or evaluation to any commissioned officer 

because of the zeal with which such officer, in acting as counsel, 

represented any accused before a military commission under this chapter.

DUTIES OF TRIAL COUNSEL AND DEFENSE COUNSEL

SEC. 949C.

(a) TRIAL COUNSEL.—The trial counsel of a military commission under this 

chapter shall prosecute in the name of the United States.

(b) DEFENSE COUNSEL.—

(1) The accused shall be represented in the accused’s defense before a 

military commission under this chapter as provided in this subsection.

(2) The accused may be represented by military counsel detailed under 

section 948k of this title or by military counsel of the accused’s own 

selection, if reasonably available.

(3) The accused may be represented by civilian counsel if retained by the 

accused, provided that such civilian counsel—

(A) is a United States citizen;

(B) is admitted to the practice of law in a State, district, or 

possession of the United States, or before a Federal court;

(C) has not been the subject of any sanction of disciplinary 

action by any court, bar, or other competent governmental 

authority for relevant misconduct;

(D) has been determined to be eligible for access to information 

classified at the level Secret or higher; and

(E) has signed a written agreement to comply with all applicable 

regulations or instructions for counsel, including any rules of 

court for conduct during the proceedings.

(4) If the accused is represented by civilian counsel, military counsel 

shall act as associate counsel.

(5) The accused is not entitled to be represented by more than one 

military counsel. However, the person authorized under regulations 

prescribed under section 948k of this title to detail counsel, in such 

person’s sole discretion, may detail additional military counsel to 

represent the accused.

(6) Defense counsel may cross-examine each witness for the prosecution 

who testifies before a military commission under this chapter.

(7) Civilian defense counsel shall protect any classified information 

received during the course of representation of the accused in accordance 

with all applicable law governing the protection of classified 
TITLE 10, MILITARY COMMISSIONS 

537

information, and may not divulge such information to any person not 

authorized to receive it.

SESSIONS

SEC. 949D.

(a) SESSIONS WITHOUT PRESENCE OF MEMBERS.—

(1) At any time after the service of charges which have been referred for 

trial by military commission under this chapter, the military judge may

call the military commission into session without the presence of the 

members for the purpose of—

(A) hearing and determining motions raising defenses or 

objections which are capable of determination without trial of 

the issues raised by a plea of not guilty;

(B) hearing and ruling upon any matter which may be ruled upon 

by the military judge under this chapter, whether or not the 

matter is appropriate for later consideration or decision by the 

members;

(C) if permitted by regulations prescribed by the Secretary of 

Defense, receiving the pleas of the accused; and

(D) performing any other procedural function which may be 

performed by the military judge under this chapter or under rules 

prescribed pursuant to section 949a of this title and which does 

not require the presence of the members.

(2) Except as provided in subsections (b), (c), and (d), any proceedings 

under paragraph (1) shall be conducted in the presence of the accused, 

defense counsel, and trial counsel, and shall be made part of the record.

(b) DELIBERATION OR VOTE OF MEMBERS.—When the members of a military 

commission under this chapter deliberate or vote, only the members may be 

present.

(c) CLOSURE OF PROCEEDINGS.—

(1) The military judge may close to the public all or part of the 

proceedings of a military commission under this chapter.

(2) The military judge may close to the public all or a portion of the 

proceedings under paragraph (1) only upon making a specific finding 

that such closure is necessary to—

(A) protect information the disclosure of which could reasonably 

be expected to cause damage to the national security, including 

intelligence or law enforcement sources, methods, or activities; 

or

(B) ensure the physical safety of individuals.
TITLE 10, MILITARY COMMISSIONS 

538

(3) A finding under paragraph (2) may be based upon a presentation, 

including a presentation ex parte or in camera, by either trial counsel or 

defense counsel.

(d) EXCLUSION OF ACCUSED FROM CERTAIN PROCEEDINGS.—The military judge 

may exclude the accused from any portion of a proceeding upon a determination 

that, after being warned by the military judge, the accused persists 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.

CONTINUANCES

SEC. 949E.

The military judge in a military commission under this chapter may, for 

reasonable cause, grant a continuance to any party for such time, and as often, as 

may appear to be just.

CHALLENGES

SEC. 949F.

(a) CHALLENGES AUTHORIZED.—The military judge and primary or alternate 

members of a military commission under this chapter may be challenged by the 

accused or trial counsel for cause stated to the military commission. The military 

judge shall determine the relevance and validity of challenges for cause, and may 

not receive a challenge to more than one person at a time. Challenges by trial 

counsel shall ordinarily be presented and decided before those by the accused are 

offered.

(b) PEREMPTORY CHALLENGES.—The accused and trial counsel are each entitled 

to one peremptory challenge, but the military judge may not be challenged except 

for cause. Nothing in this section prohibits the military judge from awarding to 

each party such additional peremptory challenges as may be required in the 

interests of justice.

(c) CHALLENGES AGAINST ADDITIONAL MEMBERS.—Whenever additional 

members are detailed to a military commission under this chapter, and after any 

challenges for cause against such additional members are presented and decided, 

the accused and trial counsel are each entitled to one peremptory challenge 

against members not previously subject to peremptory challenge.
TITLE 10, MILITARY COMMISSIONS 

539

OATHS

SEC. 949G.

(a) IN GENERAL.—

(1) Before performing their respective duties in a military commission 

under this chapter, military judges, members, trial counsel, defense 

counsel, reporters, and interpreters shall take an oath to perform their 

duties faithfully.

(2) The form of the oath required by paragraph (1), the time and place of 

the taking thereof, the manner of recording thereof, and whether the oath 

shall be taken for all cases in which duties are to be performed or for a 

particular case, shall be as provided in regulations prescribed by the 

Secretary of Defense. The regulations may provide that—

(A) an oath to perform faithfully duties as a military judge, trial 

counsel, or defense counsel may be taken at any time by any 

judge advocate or other person certified to be qualified or 

competent for the duty; and

(B) if such an oath is taken, such oath need not again be taken at 

the time the judge advocate or other person is detailed to that 

duty.

(b) WITNESSES.—Each witness before a military commission under this chapter 

shall be examined on oath.

(c) OATH DEFINED.—In this section, the term “oath” includes an affirmation.

FORMER JEOPARDY

SEC. 949H.

(a) IN GENERAL.—No person may, without the person’s consent, be tried by a 

military commission under this chapter a second time for the same offense.

(b) SCOPE OF TRIAL.—No proceeding in which the accused has been found guilty 

by military commission under this chapter upon any charge or specification is a 

trial in the sense of this section until the finding of guilty has become final after 

review of the case has been fully completed.

PLEAS OF THE ACCUSED

SEC. 949I.

(a) PLEA OF NOT GUILTY.—If an accused in a military commission under this 

chapter after a plea of guilty sets up matter inconsistent with the plea, or if it 

appears that the accused has entered the plea of guilty through lack of 

understanding of its meaning and effect, or if the accused fails or refuses to 
TITLE 10, MILITARY COMMISSIONS 

540

plead, a plea of not guilty shall be entered in the record, and the military 

commission shall proceed as though the accused had pleaded not guilty.

(b) FINDING OF GUILT AFTER GUILTY PLEA.—With respect to any charge or

specification to which a plea of guilty has been made by the accused in a military 

commission under this chapter and accepted by the military judge, including a 

charge or specification that has been referred capital, a finding of guilty of the 

charge or specification may be entered by the military judge immediately without 

a vote by the members. The finding shall constitute the finding of the military 

commission unless the plea of guilty is withdrawn prior to announcement of the 

sentence, in which event the proceedings shall continue as though the accused 

had pleaded not guilty.

(c) PRE-TRIAL AGREEMENTS.—

(1) A plea of guilty made by the accused that is accepted by a military 

judge under subsection (b) and not withdrawn prior to announcement of 

the sentence may form the basis for an agreement reducing the maximum 

sentence approved by the convening authority, including the reduction of 

a sentence of death to a lesser punishment, or that the case will be 

referred to a military commission under this chapter without seeking the 

penalty of death. Such an agreement may provide for terms and 

conditions in addition to a guilty plea by the accused in order to be 

effective.

(2) A plea agreement under this subsection may not provide for a 

sentence of death imposed by a military judge alone. A sentence of death 

may only be imposed by the unanimous vote of all members of a military 

commission concurring in the sentence of death as provided in section 

949m(b)(2)(D) of this title.

OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE

SEC. 949J.

(a) IN GENERAL.—

(1) Defense counsel in a military commission under this chapter shall 

have a reasonable opportunity to obtain witnesses and other evidence as 

provided in regulations prescribed by the Secretary of Defense. The 

opportunity to obtain witnesses and evidence shall be comparable to the 

opportunity available to a criminal defendant in a court of the United 

States under article III of the Constitution.

(2) Process issued in military commissions under this chapter to compel 

witnesses to appear and testify and to compel the production of other 

evidence—
TITLE 10, MILITARY COMMISSIONS 

541

(A) shall be similar to that which courts of the United States 

having criminal jurisdiction may lawfully issue; and

(B) shall run to any place where the United States shall have 

jurisdiction thereof.

(b) DISCLOSURE OF EXCULPATORY EVIDENCE.—

(1) As soon as practicable, trial counsel in a military commission under 

this chapter shall disclose to the defense the existence of any evidence 

that reasonably tends to—

(A) negate the guilt of the accused of an offense charged; or

(B) reduce the degree of guilt of the accused with respect to an 

offense charged.

(2) The trial counsel shall, as soon as practicable, disclose to the defense 

the existence of evidence that reasonably tends to impeach the credibility 

of a witness whom the government intends to call at trial.

(3) The trial counsel shall, as soon as practicable upon a finding of guilt, 

disclose to the defense the existence of evidence that is not subject to 

paragraph (1) or paragraph (2) but that reasonably may be viewed as 

mitigation evidence at sentencing.

(4) The disclosure obligations under this subsection encompass evidence 

that is known or reasonably should be known to any government officials 

who participated in the investigation and prosecution of the case against 

the defendant.

DEFENSE OF LACK OF MENTAL RESPONSIBILITY

SEC. 949K.

(a) AFFIRMATIVE DEFENSE.—It is an affirmative defense in a trial by military 

commission under this chapter that, at the time of the commission of the acts 

constituting the offense, the accused, as a result of a severe mental disease or 

defect, was unable to appreciate the nature and quality or the wrongfulness of the 

acts. Mental disease or defect does not otherwise constitute a defense.

(b) BURDEN OF PROOF.—The accused in a military commission under this 

chapter has the burden of proving the defense of lack of mental responsibility by 

clear and convincing evidence.

(c) FINDINGS FOLLOWING ASSERTION OF DEFENSE.—Whenever lack of mental 

responsibility of the accused with respect to an offense is properly at issue in a 

military commission under this chapter, the military judge shall instruct the 

members as to the defense of lack of mental responsibility under this section and 

shall charge the members to find the accused—

(1) guilty;

(2) not guilty; or
TITLE 10, MILITARY COMMISSIONS 

542

(3) subject to subsection (d), not guilty by reason of lack of mental 

responsibility.

(d) MAJORITY VOTE REQUIRED FOR FINDING.—The accused shall be found not 

guilty by reason of lack of mental responsibility under subsection (c)(3) only if a 

majority of the members present at the time the vote is taken determines that the 

defense of lack of mental responsibility has been established.

VOTING AND RULINGS

SEC. 949L.

(a) VOTE BY SECRET WRITTEN BALLOT.—Voting by members of a military 

commission under this chapter on the findings and on the sentence shall be by 

secret written ballot.

(b) RULINGS.—

(1) The military judge in a military commission under this chapter shall 

rule upon all questions of law, including the admissibility of evidence 

and all interlocutory questions arising during the proceedings.

(2) Any ruling made by the military judge upon a question of law or an 

interlocutory question (other than the factual issue of mental 

responsibility of the accused) is conclusive and constitutes the ruling of 

the military commission. However, a military judge may change such a 

ruling at any time during the trial.

(c) INSTRUCTIONS PRIOR TO VOTE.—Before a vote is taken of the findings of a 

military commission under this chapter, the military judge shall, in the presence 

of the accused and counsel, instruct the members as to the elements of the 

offense and charge the members—

(1) that the accused must be presumed to be innocent until the accused’s 

guilt is established by legal and competent evidence beyond a reasonable 

doubt;

(2) that in the case being considered, if there is a reasonable doubt as to 

the guilt of the accused, the doubt must be resolved in favor of the 

accused and the accused must be acquitted;

(3) that, if there is reasonable doubt as to the degree of guilt, the finding 

must be in a lower degree as to which there is no reasonable doubt; and

(4) that the burden of proof to establish the guilt of the accused beyond a 

reasonable doubt is upon the United States.
TITLE 10, MILITARY COMMISSIONS 

543

NUMBER OF VOTES REQUIRED

SEC. 949M.

(a) CONVICTION.—No person may be convicted by a military commission under 

this chapter of any offense, except as provided in section 949i(b) of this title or 

by concurrence of two-thirds of the primary members present at the time the vote 

is taken.

(b) SENTENCES.—

(1) Except as provided in paragraphs (2) and (3), sentences shall be 

determined by a military commission by the concurrence of two-thirds of 

the primary members present at the time the vote is taken.

(2) No person may be sentenced to death by a military commission, 

except insofar as—

(A) the penalty of death has been expressly authorized under this 

chapter, chapter 47 of this title, or the law of war for an offense 

of which the accused has been found guilty;

(B) trial counsel expressly sought the penalty of death by filing 

an appropriate notice in advance of trial;

(C) the accused was convicted of the offense by the concurrence 

of all the primary members present at the time the vote is taken, 

or a guilty plea was accepted and not withdrawn prior to 

announcement of the sentence in accordance with section 949i(b) 

of this title; and

(D) all primary members present at the time the vote was taken 

on the sentence concurred in the sentence of death.

(3) No person may be sentenced to life imprisonment, or to confinement 

for more than 10 years, by a military commission under this chapter 

except by the concurrence of three-fourths of the primary members 

present at the time the vote is taken.

(4) The primary members present for a vote on a sentence need not be 

the same primary members who voted on the conviction if the 

requirements of section 948m(d) of this title are met.

(c) NUMBER OF MEMBERS REQUIRED FOR PENALTY OF DEATH.—

(1) Except as provided in paragraph (2), in a case in which the penalty of 

death is sought, the number of primary members of the military 

commission under this chapter shall be not less than 12 primary 

members.

(2) In any case described in paragraph (1) in which 12 primary members 

are not reasonably available for a military commission because of 

physical conditions or military exigencies, the convening authority shall 

specify a lesser number of primary members for the military commission 
TITLE 10, MILITARY COMMISSIONS 

544

(but not fewer than 9 primary members), and the military commission 

may be assembled, and the trial held, with not less than the number of 

primary members so specified. In any such case, the convening authority 

shall make a detailed written statement, to be appended to the record, 

stating why a greater number of primary members were not reasonably 

available.

MILITARY COMMISSION TO ANNOUNCE ACTION

SEC. 949N.

A military commission under this chapter shall announce its findings and 

sentence to the parties as soon as determined.

RECORD OF TRIAL

SEC. 949O.

(a) RECORD; AUTHENTICATION.—Each military commission under this chapter 

shall keep a separate, verbatim, record of the proceedings in each case brought 

before it, and the record shall be authenticated by the signature of the military 

judge. If the record cannot be authenticated by the military judge by reason of 

death, disability, or absence, it shall be authenticated by the signature of the trial 

counsel or by a member of the commission if the trial counsel is unable to 

authenticate it by reason of death, disability, or absence. Where appropriate, and 

as provided in regulations prescribed by the Secretary of Defense, the record of a 

military commission under this chapter may contain a classified annex.

(b) COMPLETE RECORD REQUIRED.—A complete record of the proceedings and 

testimony shall be prepared in every military commission under this chapter.

(c) PROVISION OF COPY TO ACCUSED.—A copy of the record of the proceedings 

of the military commission under this chapter shall be given the accused as soon 

as it is authenticated. If the record contains classified information, or a classified 

annex, the accused shall receive a redacted version of the record consistent with 

the requirements of subchapter V of this chapter. Defense counsel shall have 

access to the unredacted record, as provided in regulations prescribed by the 

Secretary of Defense.
TITLE 10, MILITARY COMMISSIONS 

545

SUBCHAPTER V—CLASSIFIED INFORMATION PROCEDURES

PROTECTION OF CLASSIFIED INFORMATION:

APPLICABILITY OF SUBCHAPTER

SEC. 949P–1.

(a) PROTECTION OF CLASSIFIED INFORMATION.—Classified information shall be 

protected and is privileged from disclosure if disclosure would be detrimental to 

the national security. Under no circumstances may a military judge order the 

release of classified information to any person not authorized to receive such 

information.

(b) ACCESS TO EVIDENCE.—Any information admitted into evidence pursuant to 

any rule, procedure, or order by the military judge shall be provided to the 

accused.

(c) DECLASSIFICATION.—Trial counsel shall work with the original classification 

authorities for evidence that may be used at trial to ensure that such evidence is 

declassified to the maximum extent possible, consistent with the requirements of 

national security. A decision not to declassify evidence under this section shall 

not be subject to review by a military commission or upon appeal.

(d) CONSTRUCTION OF PROVISIONS.—The judicial construction of the Classified 

Information Procedures Act (18 U.S.C. App.) shall be authoritative in the 

interpretation of this subchapter, except to the extent that such construction is 

inconsistent with the specific requirements of this chapter.

PRETRIAL CONFERENCE

SEC. 949P–2.

(a) MOTION.—At any time after service of charges, any party may move for a 

pretrial conference to consider matters relating to classified information that may 

arise in connection with the prosecution.

(b) CONFERENCE.—Following a motion under subsection (a), or sua sponte, the 

military judge shall promptly hold a pretrial conference. Upon request by either 

party, the court shall hold such conference ex parte to the extent necessary to 

protect classified information from disclosure, in accordance with the practice of 

the Federal courts under the Classified Information Procedures Act (18 U.S.C. 

App.).

(c) MATTERS TO BE ESTABLISHED AT PRETRIAL CONFERENCE.—

(1) TIMING OF SUBSEQUENT ACTIONS.—At the pretrial conference, the 

military judge shall establish the timing of—

(A) requests for discovery;
TITLE 10, MILITARY COMMISSIONS 

546

(B) the provision of notice required by section 949p–5 of this 

title; and

(C) the initiation of the procedure established by section 949p–6 

of this title.

(2) OTHER MATTERS.—At the pretrial conference, the military judge 

may also consider any matter—

(A) which relates to classified information; or

(B) which may promote a fair and expeditious trial.

(d) EFFECT OF ADMISSIONS BY ACCUSED AT PRETRIAL CONFERENCE.—No 

admission made by the accused or by any counsel for the accused at a pretrial 

conference under this section may be used against the accused unless the 

admission is in writing and is signed by the accused and by the counsel for the 

accused.

PROTECTIVE ORDERS

SEC. 949P–3.

Upon motion of the trial counsel, the military judge shall issue an order to protect 

against the disclosure of any classified information that has been disclosed by the 

United States to any accused in any military commission under this chapter or 

that has otherwise been provided to, or obtained by, any such accused in any such 

military commission.

DISCOVERY OF, AND ACCESS TO, CLASSIFIED INFORMATION 

BY THE ACCUSED

SEC. 949P–4.

(a) LIMITATIONS ON DISCOVERY OR ACCESS BY THE ACCUSED.—

(1) DECLARATIONS BY THE UNITED STATES OF DAMAGE TO NATIONAL 

SECURITY.—In any case before a military commission in which the 

United States seeks to delete, withhold, or otherwise obtain other relief 

with respect to the discovery of or access to any classified information, 

the trial counsel shall submit a declaration invoking the United States’

classified information privilege and setting forth the damage to the 

national security that the discovery of or access to such information 

reasonably could be expected to cause. The declaration shall be signed 

by a knowledgeable United States official possessing authority to 

classify information.

(2) STANDARD FOR AUTHORIZATION OF DISCOVERY OR ACCESS.—Upon 

the submission of a declaration under paragraph (1), the military judge 

may not authorize the discovery of or access to such classified 
TITLE 10, MILITARY COMMISSIONS 

547

information unless the military judge determines that such classified 

information would be noncumulative, relevant, and helpful to a legally 

cognizable defense, rebuttal of the prosecution’s case, or to sentencing, 

in accordance with standards generally applicable to discovery of or 

access to classified information in Federal criminal cases. If the 

discovery of or access to such classified information is authorized, it 

shall be addressed in accordance with the requirements of subsection (b).

(b) DISCOVERY OF CLASSIFIED INFORMATION.—

(1) SUBSTITUTIONS AND OTHER RELIEF.—The military judge, in 

assessing the accused’s discovery of or access to classified information 

under this section, may authorize the United States—

(A) to delete or withhold specified items of classified 

information;

(B) to substitute a summary for classified information; or

(C) to substitute a statement admitting relevant facts that the 

classified information or material would tend to prove.

(2) EX PARTE PRESENTATIONS.—The military judge shall permit the trial 

counsel to make a request for an authorization under paragraph (1) in the 

form of an ex parte presentation to the extent necessary to protect 

classified information, in accordance with the practice of the Federal 

courts under the Classified Information Procedures Act (18 U.S.C. App.). 

If the military judge enters an order granting relief following such an ex 

parte showing, the entire presentation (including the text of any written 

submission, verbatim transcript of the ex parte oral conference or 

hearing, and any exhibits received by the court as part of the ex parte 

presentation) shall be sealed and preserved in the records of the military 

commission to be made available to the appellate court in the event of an 

appeal.

(3) ACTION BY MILITARY JUDGE.—The military judge shall grant the 

request of the trial counsel to substitute a summary or to substitute a 

statement admitting relevant facts, or to provide other relief in 

accordance with paragraph (1), if the military judge finds that the 

summary, statement, or other relief would provide the accused with 

substantially the same ability to make a defense as would discovery of or 

access to the specific classified information.

(c) RECONSIDERATION.—An order of a military judge authorizing a request of 

the trial counsel to substitute, summarize, withhold, or prevent access to 

classified information under this section is not subject to a motion for 

reconsideration by the accused, if such order was entered pursuant to an ex parte 

showing under this section.
TITLE 10, MILITARY COMMISSIONS 

548

NOTICE BY ACCUSED OF INTENTION TO DISCLOSE 

CLASSIFIED INFORMATION

SEC. 949P–5.

(a) NOTICE BY ACCUSED.—

(1) NOTIFICATION OF TRIAL COUNSEL AND MILITARY JUDGE.—If an 

accused reasonably expects to disclose, or to cause the disclosure of, 

classified information in any manner in connection with any trial or 

pretrial proceeding involving the prosecution of such accused, the 

accused shall, within the time specified by the military judge or, where 

no time is specified, within 30 days before trial, notify the trial counsel 

and the military judge in writing. Such notice shall include a brief 

description of the classified information. Whenever the accused learns of 

additional classified information the accused reasonably expects to 

disclose, or to cause the disclosure of, at any such proceeding, the 

accused shall notify trial counsel and the military judge in writing as 

soon as possible thereafter and shall include a brief description of the 

classified information.

(2) LIMITATION ON DISCLOSURE BY ACCUSED.—No accused shall 

disclose, or cause the disclosure of, any information known or believed 

to be classified in connection with a trial or pretrial proceeding until—

(A) notice has been given under paragraph (1); and

(B) the United States has been afforded a reasonable opportunity 

to seek a determination pursuant to the procedure set forth in 

section 949p–6 of this title and the time for the United States to 

appeal such determination under section 950d of this title has 

expired or any appeal under that section by the United States is 

decided.

(b) FAILURE TO COMPLY.—If the accused fails to comply with the requirements 

of subsection (a), the military judge—

(1) may preclude disclosure of any classified information not made the 

subject of notification; and

(2) may prohibit the examination by the accused of any witness with 

respect to any such information.

PROCEDURE FOR CASES INVOLVING CLASSIFIED INFORMATION

SEC. 949P–6.

(a) MOTION FOR HEARING.—

(1) REQUEST FOR HEARING.—Within the time specified by the military 

judge for the filing of a motion under this section, either party may 
TITLE 10, MILITARY COMMISSIONS 

549

request the military judge to conduct a hearing to make all 

determinations concerning the use, relevance, or admissibility of 

classified information that would otherwise be made during the trial or 

pretrial proceeding.

(2) CONDUCT OF HEARING.—Upon a request by either party under 

paragraph (1), the military judge shall conduct such a hearing and shall 

rule prior to conducting any further proceedings.

(3) IN CAMERA HEARING UPON DECLARATION TO COURT BY 

APPROPRIATE OFFICIAL OF RISK OF DISCLOSURE OF CLASSIFIED 

INFORMATION.—Any hearing held pursuant to this subsection (or any 

portion of such hearing specified in the request of a knowledgeable 

United States official) shall be held in camera if a knowledgeable United 

States official possessing authority to classify information submits to the 

military judge a declaration that a public proceeding may result in the 

disclosure of classified information. Classified information is not subject 

to disclosure under this section unless the information is relevant and 

necessary to an element of the offense or a legally cognizable defense 

and is otherwise admissible in evidence.

(4) MILITARY JUDGE TO MAKE DETERMINATIONS IN WRITING.—As to 

each item of classified information, the military judge shall set forth in 

writing the basis for the determination.

(b) NOTICE AND USE OF CLASSIFIED INFORMATION BY THE GOVERNMENT.—

(1) NOTICE TO ACCUSED.—Before any hearing is conducted pursuant to 

a request by the trial counsel under subsection (a), trial counsel shall 

provide the accused with notice of the classified information that is at 

issue. Such notice shall identify the specific classified information at 

issue whenever that information previously has been made available to 

the accused by the United States. When the United States has not 

previously made the information available to the accused in connection 

with the case the information may be described by generic category, in 

such forms as the military judge may approve, rather than by 

identification of the specific information of concern to the United States.

(2) ORDER BY MILITARY JUDGE UPON REQUEST OF ACCUSED.—

Whenever the trial counsel requests a hearing under subsection (a), the 

military judge, upon request of the accused, may order the trial counsel 

to provide the accused, prior to trial, such details as to the portion of the

charge or specification at issue in the hearing as are needed to give the 

accused fair notice to prepare for the hearing.

(c) SUBSTITUTIONS.—

(1) IN CAMERA PRETRIAL HEARING.—Upon request of the trial counsel 

pursuant to the Military Commission Rules of Evidence, and in 
TITLE 10, MILITARY COMMISSIONS 

550

accordance with the security procedures established by the military 

judge, the military judge shall conduct a classified in camera pretrial 

hearing concerning the admissibility of classified information.

(2) PROTECTION OF SOURCES, METHODS, AND ACTIVITIES BY WHICH 

EVIDENCE ACQUIRED.—When trial counsel seeks to introduce evidence 

before a military commission under this chapter and the Executive 

branch has classified the sources, methods, or activities by which the 

United States acquired the evidence, the military judge shall permit trial 

counsel to introduce the evidence, including a substituted evidentiary 

foundation pursuant to the procedures described in subsection (d), while 

protecting from disclosure information identifying those sources, 

methods, or activities, if—

(A) the evidence is otherwise admissible; and

(B) the military judge finds that—

(i) the evidence is reliable; and

(ii) the redaction is consistent with affording the accused 

a fair trial.

(d) ALTERNATIVE PROCEDURE FOR DISCLOSURE OF CLASSIFIED 

INFORMATION.—

(1) MOTION BY THE UNITED STATES.—Upon any determination by the 

military judge authorizing the disclosure of specific classified 

information under the procedures established by this section, the trial 

counsel may move that, in lieu of the disclosure of such specific 

classified information, the military judge order—

(A) the substitution for such classified information of a statement 

admitting relevant facts that the specific classified information 

would tend to prove;

(B) the substitution for such classified information of a summary 

of the specific classified information; or

(C) any other procedure or redaction limiting the disclosure of 

specific classified information.

(2) ACTION ON MOTION.—The military judge shall grant such a motion 

of the trial counsel if the military judge finds that the statement, 

summary, or other procedure or redaction will provide the defendant 

with substantially the same ability to make his defense as would 

disclosure of the specific classified information.

(3) HEARING ON MOTION.—The military judge shall hold a hearing on 

any motion under this subsection. Any such hearing shall be held in 

camera at the request of a knowledgeable United States official 

possessing authority to classify information.
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551

(4) SUBMISSION OF STATEMENT OF DAMAGE TO NATIONAL SECURITY IF 

DISCLOSURE ORDERED.—The trial counsel may, in connection with a 

motion under paragraph (1), submit to the military judge a declaration 

signed by a knowledgeable United States official possessing authority to 

classify information certifying that disclosure of classified information 

would cause identifiable damage to the national security of the United 

States and explaining the basis for the classification of such information. 

If so requested by the trial counsel, the military judge shall examine such 

declaration during an ex parte presentation.

(e) SEALING OF RECORDS OF IN CAMERA HEARINGS.—If at the close of an in 

camera hearing under this section (or any portion of a hearing under this section 

that is held in camera), the military judge determines that the classified 

information at issue may not be disclosed or elicited at the trial or pretrial 

proceeding, the record of such in camera hearing shall be sealed and preserved 

for use in the event of an appeal. The accused may seek reconsideration of the 

military judge’s determination prior to or during trial.

(f) PROHIBITION ON DISCLOSURE OF CLASSIFIED INFORMATION BY THE 

ACCUSED; RELIEF FOR ACCUSED WHEN THE UNITED STATES OPPOSES 

DISCLOSURE.—

(1) ORDER TO PREVENT DISCLOSURE BY ACCUSED.—Whenever the 

military judge denies a motion by the trial counsel that the judge issue an 

order under subsection (a), (c), or (d) and the trial counsel files with the 

military judge a declaration signed by a knowledgeable United States 

official possessing authority to classify information objecting to 

disclosure of the classified information at issue, the military judge shall 

order that the accused not disclose or cause the disclosure of such 

information.

(2) RESULT OF ORDER UNDER PARAGRAPH (1).—Whenever an accused 

is prevented by an order under paragraph (1) from disclosing or causing 

the disclosure of classified information, the military judge shall dismiss 

the case, except that, when the military judge determines that the 

interests of justice would not be served by dismissal of the case, the 

military judge shall order such other action, in lieu of dismissing the 

charge or specification, as the military judge determines is appropriate. 

Such action may include, but need not be limited to, the following:

(A) Dismissing specified charges or specifications.

(B) Finding against the United States on any issue as to which 

the excluded classified information relates.

(C) Striking or precluding all or part of the testimony of a 

witness.
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552

(3) TIME FOR THE UNITED STATES TO SEEK INTERLOCUTORY APPEAL.—

An order under paragraph (2) shall not take effect until the military judge 

has afforded the United States—

(A) an opportunity to appeal such order under section 950d of 

this title; and

(B) an opportunity thereafter to withdraw its objection to the 

disclosure of the classified information at issue.

(g) RECIPROCITY.—

(1) DISCLOSURE OF REBUTTAL INFORMATION.—Whenever the military 

judge determines that classified information may be disclosed in 

connection with a trial or pretrial proceeding, the military judge shall, 

unless the interests of fairness do not so require, order the United States 

to provide the accused with the information it expects to use to rebut the 

classified information. The military judge may place the United States 

under a continuing duty to disclose such rebuttal information.

(2) SANCTION FOR FAILURE TO COMPLY.—If the United States fails to 

comply with its obligation under this subsection, the military judge—

(A) may exclude any evidence not made the subject of a required 

disclosure; and

(B) may prohibit the examination by the United States of any 

witness with respect to such information.

INTRODUCTION OF CLASSIFIED INFORMATION INTO EVIDENCE

SEC. 949P–7.

(a) PRESERVATION OF CLASSIFICATION STATUS.—Writings, recordings, and 

photographs containing classified information may be admitted into evidence in 

proceedings of military commissions under this chapter without change in their 

classification status.

(b) PRECAUTIONS BY MILITARY JUDGES.—

(1) PRECAUTIONS IN ADMITTING CLASSIFIED INFORMATION INTO 

EVIDENCE.—The military judge in a trial by military commission, in 

order to prevent unnecessary disclosure of classified information, may 

order admission into evidence of only part of a writing, recording, or 

photograph, or may order admission into evidence of the whole writing, 

recording, or photograph with excision of some or all of the classified 

information contained therein, unless the whole ought in fairness be 

considered.

(2) CLASSIFIED INFORMATION KEPT UNDER SEAL.—The military judge 

shall allow classified information offered or accepted into evidence to 

remain under seal during the trial, even if such evidence is disclosed in 
TITLE 10, MILITARY COMMISSIONS 

553

the military commission, and may, upon motion by the United States, 

seal exhibits containing classified information for any period after trial as 

necessary to prevent a disclosure of classified information when a 

knowledgeable United States official possessing authority to classify 

information submits to the military judge a declaration setting forth the 

damage to the national security that the disclosure of such information 

reasonably could be expected to cause.

(c) TAKING OF TESTIMONY.—

(1) OBJECTION BY TRIAL COUNSEL.—During the examination of a 

witness, trial counsel may object to any question or line of inquiry that 

may require the witness to disclose classified information not previously 

found to be admissible.

(2) ACTION BY MILITARY JUDGE.—Following an objection under 

paragraph (1), the military judge shall take such suitable action to 

determine whether the response is admissible as will safeguard against 

the compromise of any classified information. Such action may include 

requiring trial counsel to provide the military judge with a proffer of the 

witness’ response to the question or line of inquiry and requiring the 

accused to provide the military judge with a proffer of the nature of the 

information sought to be elicited by the accused. Upon request, the 

military judge may accept an ex parte proffer by trial counsel to the 

extent necessary to protect classified information from disclosure, in 

accordance with the practice of the Federal courts under the Classified 

Information Procedures Act (18 U.S.C. App.).

(d) DISCLOSURE AT TRIAL OF CERTAIN STATEMENTS PREVIOUSLY MADE BY A 

WITNESS.—

(1) MOTION FOR PRODUCTION OF STATEMENTS IN POSSESSION OF THE 

UNITED STATES.—After a witness called by the trial counsel has testified 

on direct examination, the military judge, on motion of the accused, may 

order production of statements of the witness in the possession of the 

United States which relate to the subject matter as to which the witness 

has testified. This paragraph does not preclude discovery or assertion of a 

privilege otherwise authorized.

(2) INVOCATION OF PRIVILEGE BY THE UNITED STATES.—If the United 

States invokes a privilege, the trial counsel may provide the prior 

statements of the witness to the military judge during an ex parte 

presentation to the extent necessary to protect classified information 

from disclosure, in accordance with the practice of the Federal courts 

under the Classified Information Procedures Act (18 U.S.C. App.).

(3) ACTION BY MILITARY JUDGE ON MOTION.—If the military judge 

finds that disclosure of any portion of the statement identified by the 
TITLE 10, MILITARY COMMISSIONS 

554

United States as classified would be detrimental to the national security 

in the degree to warrant classification under the applicable Executive 

Order, statute, or regulation, that such portion of the statement is 

consistent with the testimony of the witness, and that the disclosure of 

such portion is not necessary to afford the accused a fair trial, the 

military judge shall excise that portion from the statement. If the military 

judge finds that such portion of the statement is inconsistent with the 

testimony of the witness or that its disclosure is necessary to afford the 

accused a fair trial, the military judge, shall, upon the request of the trial 

counsel, review alternatives to disclosure in accordance with section 

949p–6(d) of this title.

SUBCHAPTER VI—SENTENCES

CRUEL OR UNUSUAL PUNISHMENTS PROHIBITED

SEC. 949S.

Punishment by flogging, or by branding, marking, or tattooing on the body, or 

any other cruel or unusual punishment, may not be adjudged by a military 

commission under this chapter or inflicted under this chapter upon any person 

subject to this chapter. The use of irons, single or double, except for the purpose 

of safe custody, is prohibited under this chapter.

MAXIMUM LIMITS

SEC. 949T.

The punishment which a military commission under this chapter may direct for 

an offense may not exceed such limits as the President or Secretary of Defense 

may prescribe for that offense.

EXECUTION OF CONFINEMENT

SEC. 949U.

(a) IN GENERAL.—Under such regulations as the Secretary of Defense may 

prescribe, a sentence of confinement adjudged by a military commission under 

this chapter may be carried into execution by confinement—

(1) in any place of confinement under the control of any of the armed 

forces; or

(2) in any penal or correctional institution under the control of the United 

States or its allies, or which the United States may be allowed to use.

(b) TREATMENT DURING CONFINEMENT BY OTHER THAN THE ARMED 

FORCES.—Persons confined under subsection (a)(2) in a penal or correctional 
TITLE 10, MILITARY COMMISSIONS 

555

institution not under the control of an armed force are subject to the same 

discipline and treatment as persons confined or committed by the courts of the 

United States or of the State, District of Columbia, or place in which the 

institution is situated.

SUBCHAPTER VII—POST-TRIAL PROCEDURE AND REVIEW OF MILITARY

COMMISSIONS

ERROR OF LAW; LESSER INCLUDED OFFENSE

SEC. 950A.

(a) ERROR OF LAW.—A finding or sentence of a military commission under this 

chapter may not be held incorrect on the ground of an error of law unless the 

error materially prejudices the substantial rights of the accused.

(b) LESSER INCLUDED OFFENSE.—Any reviewing authority with the power to 

approve or affirm a finding of guilty by a military commission under this chapter 

may approve or affirm, instead, so much of the finding as includes a lesser 

included offense.

REVIEW BY THE CONVENING AUTHORITY

SEC. 950B.

(a) NOTICE TO CONVENING AUTHORITY OF FINDINGS AND SENTENCE.—The 

findings and sentence of a military commission under this chapter shall be 

reported in writing promptly to the convening authority after the announcement 

of the sentence.

(b) SUBMITTAL OF MATTERS BY ACCUSED TO CONVENING AUTHORITY.—(1) 

The accused may submit to the convening authority matters for consideration by 

the convening authority with respect to the findings and the sentence of the 

military commission under this chapter.

(2)(A) Except as provided in subparagraph (B), a submittal under 

paragraph (1) shall be made in writing within 20 days after the accused 

has been given an authenticated record of trial under section 949o(c) of 

this title.

(B) If the accused shows that additional time is required for the 

accused to make a submittal under paragraph (1), the convening 

authority may, for good cause, extend the applicable period 

under subparagraph (A) for not more than an additional 20 days.

(3) The accused may waive the accused’s right to make a submittal to the 

convening authority under paragraph (1). Such a waiver shall be made in 

writing, and may not be revoked. For the purposes of subsection (c)(2), 

the time within which the accused may make a submittal under this 
TITLE 10, MILITARY COMMISSIONS 

556

subsection shall be deemed to have expired upon the submittal of a 

waiver under this paragraph to the convening authority.

(c) ACTION BY CONVENING AUTHORITY.—

(1) The authority under this subsection to modify the findings and 

sentence of a military commission under this chapter is a matter of the 

sole discretion and prerogative of the convening authority.

(2) The convening authority is not required to take action on the findings 

of a military commission under this chapter. If the convening authority 

takes action on the findings, the convening authority may, in the sole 

discretion of the convening authority, only—

(A) dismiss any charge or specification by setting aside a finding 

of guilty thereto; or

(B) change a finding of guilty to a charge to a finding of guilty to 

an offense that is a lesser included offense of the offense stated 

in the charge.

(3)(A) The convening authority shall take action on the sentence of a 

military commission under this chapter.

(B) Subject to regulations prescribed by the Secretary of 

Defense, action under this paragraph may be taken only after 

consideration of any matters submitted by the accused under 

subsection (b) or after the time for submitting such matters 

expires, whichever is earlier.

(C) In taking action under this paragraph, the convening 

authority may, in the sole discretion of the convening authority, 

approve, disapprove, commute, or suspend the sentence in whole 

or in part. The convening authority may not increase a sentence 

beyond that which is found by the military commission.

(4) The convening authority shall serve on the accused or on defense 

counsel notice of any action taken by the convening authority under this 

subsection.

(d) ORDER OF REVISION OR REHEARING.—

(1) Subject to paragraphs (2) and (3), the convening authority of a 

military commission under this chapter may, in the sole discretion of the 

convening authority, order a proceeding in revision or a rehearing.

(2)(A) Except as provided in subparagraph (B), a proceeding in revision 

may be ordered by the convening authority if—

(i) there is an apparent error or omission in the record; or

(ii) the record shows improper or inconsistent action by 

the military commission with respect to the findings or 

sentence that can be rectified without material prejudice 

to the substantial rights of the accused.
TITLE 10, MILITARY COMMISSIONS 

557

(B) In no case may a proceeding in revision—

(i) reconsider a finding of not guilty of a specification or 

a ruling which amounts to a finding of not guilty;

(ii) reconsider a finding of not guilty of any charge, 

unless there has been a finding of guilty under a 

specification laid under that charge, which sufficiently 

alleges a violation; or

(iii) increase the severity of the sentence unless the 

sentence prescribed for the offense is mandatory.

(3) A rehearing may be ordered by the convening authority if the 

convening authority disapproves the findings and sentence and states the 

reasons for disapproval of the findings. If the convening authority 

disapproves the finding and sentence and does not order a rehearing, the 

convening authority shall dismiss the charges. A rehearing as to the 

findings may not be ordered by the convening authority when there is a 

lack of sufficient evidence in the record to support the findings. A 

rehearing as to the sentence may be ordered by the convening authority if 

the convening authority disapproves the sentence.

APPELLATE REFERRAL; WAIVER OR WITHDRAWAL OF APPEAL

SEC. 950C.

(a) AUTOMATIC REFERRAL FOR APPELLATE REVIEW.—Except as provided in 

subsection (b), in each case in which the final decision of a military commission 

under this chapter (as approved by the convening authority) includes a finding of 

guilty, the convening authority shall refer the case to the United States Court of 

Military Commission Review. Any such referral shall be made in accordance 

with procedures prescribed under regulations of the Secretary.

(b) WAIVER OF RIGHT OF REVIEW.—

(1) Except in a case in which the sentence as approved under section 

950b of this title extends to death, an accused may file with the 

convening authority a statement expressly waiving the right of the 

accused to appellate review by the United States Court of Military 

Commission Review under section 950f of this title of the final decision 

of the military commission under this chapter.

(2) A waiver under paragraph (1) shall be signed by both the accused and 

a defense counsel.

(3) A waiver under paragraph (1) must be filed, if at all, within 10 days 

after notice of the action is served on the accused or on defense counsel 

under section 950b(c)(4) of this title. The convening authority, for good 

cause, may extend the period for such filing by not more than 30 days.
TITLE 10, MILITARY COMMISSIONS 

558

(c) WITHDRAWAL OF APPEAL.—Except in a case in which the sentence as 

approved under section 950b of this title extends to death, the accused may 

withdraw an appeal at any time.

(d) EFFECT OF WAIVER OR WITHDRAWAL.—A waiver of the right to appellate 

review or the withdrawal of an appeal under this section bars review under 

section 950f of this title.

INTERLOCUTORY APPEALS BY THE UNITED STATES

SEC. 950D.

(a) INTERLOCUTORY APPEAL.—Except as provided in subsection (b), in a trial by 

military commission under this chapter, the United States may take an 

interlocutory appeal to the United States Court of Military Commission Review 

of any order or ruling of the military judge—

(1) that terminates proceedings of the military commission with respect 

to a charge or specification;

(2) that excludes evidence that is substantial proof of a fact material in 

the proceeding;

(3) that relates to a matter under subsection (c) or (d) of section 949d of 

this title; or

(4) that, with respect to classified information—

(A) authorizes the disclosure of such information;

(B) imposes sanctions for nondisclosure of such information; or

(C) refuses a protective order sought by the United States to 

prevent the disclosure of such information.

(b) LIMITATION.—The United States may not appeal under subsection (a) an 

order or ruling that is, or amounts to, a finding of not guilty by the military 

commission with respect to a charge or specification.

(c) SCOPE OF APPEAL RIGHT WITH RESPECT TO CLASSIFIED INFORMATION.—

The United States has the right to appeal under paragraph (4) of subsection (a) 

whenever the military judge enters an order or ruling that would require the 

disclosure of classified information, without regard to whether the order or ruling 

appealed from was entered under this chapter, another provision of law, a rule, or 

otherwise. Any such appeal may embrace any preceding order, ruling, or 

reasoning constituting the basis of the order or ruling that would authorize such 

disclosure.

(d) TIMING AND ACTION ON INTERLOCUTORY APPEALS RELATING TO 

CLASSIFIED INFORMATION.—
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559

(1) APPEAL TO BE EXPEDITED.—An appeal taken pursuant to paragraph 

(4) of subsection (a) shall be expedited by the United States Court of 

Military Commission Review.

(2) APPEALS BEFORE TRIAL.—If such an appeal is taken before trial, the 

appeal shall be taken within 10 days after the order or ruling from which 

the appeal is made and the trial shall not commence until the appeal is 

decided.

(3) APPEALS DURING TRIAL.—If such an appeal is taken during trial, the 

military judge shall adjourn the trial until the appeal is decided, and the 

court of appeals—

(A) shall hear argument on such appeal within 4 days of the 

adjournment of the trial (excluding weekends and holidays);

(B) may dispense with written briefs other than the supporting 

materials previously submitted to the military judge;

(C) shall render its decision within four days of argument on 

appeal (excluding weekends and holidays); and

(D) may dispense with the issuance of a written opinion in 

rendering its decision.

(e) NOTICE AND TIMING OF OTHER APPEALS.—The United States shall take an 

appeal of an order or ruling under subsection (a), other than an appeal under 

paragraph (4) of that subsection, by filing a notice of appeal with the military 

judge within 5 days after the date of the order or ruling.

(f) METHOD OF APPEAL.—An appeal under this section shall be forwarded, by 

means specified in regulations prescribed by the Secretary of Defense, directly to 

the United States Court of Military Commission Review.

(g) APPEALS COURT TO ACT ONLY WITH RESPECT TO MATTER OF LAW.—In 

ruling on an appeal under paragraph (1), (2), or (3) of subsection (a), the appeals 

court may act only with respect to matters of law.

(h) SUBSEQUENT APPEAL RIGHTS OF ACCUSED NOT AFFECTED.—An appeal 

under paragraph (4) of subsection (a), and a decision on such appeal, shall not 

affect the right of the accused, in a subsequent appeal from a judgment of 

conviction, to claim as error reversal by the military judge on remand of a ruling 

appealed from during trial.

REHEARINGS

SEC. 950E.

(a) COMPOSITION OF MILITARY COMMISSION FOR REHEARING.—Each rehearing 

under this chapter shall take place before a military commission under this 

chapter composed of members who were not members of the military 

commission which first heard the case.
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560

(b) SCOPE OF REHEARING.—

(1) Upon a rehearing—

(A) the accused may not be tried for any offense of which the accused 

was found not guilty by the first military commission; and

(B) no sentence in excess of or more than the original sentence may be 

imposed unless—

(i) the sentence is based upon a finding of guilty of an offense 

not considered upon the merits in the original proceedings; or

(ii) the sentence prescribed for the offense is mandatory.

(2) Upon a rehearing, if the sentence approved after the first military 

commission was in accordance with a pretrial agreement and the accused 

at the rehearing changes his plea with respect to the charges or 

specifications upon which the pretrial agreement was based, or otherwise 

does not comply with pretrial agreement, the sentence as to those charges 

or specifications may include any punishment not in excess of that 

lawfully adjudged at the first military commission.

REVIEW BY UNITED STATES COURT OF MILITARY COMMISSION REVIEW

SEC. 950F.

(a) ESTABLISHMENT.—There is a court of record to be known as the “United 

States Court of Military Commission Review” (in this section referred to as the 

“Court”). The Court shall consist of one or more panels, each composed of not 

less than three judges on the Court. For the purpose of reviewing decisions of 

military commissions under this chapter, the Court may sit in panels or as a 

whole, in accordance with rules prescribed by the Secretary of Defense.

(b) JUDGES.—

(1) Judges on the Court shall be assigned or appointed in a manner 

consistent with the provisions of this subsection.

(2) The Secretary of Defense may assign persons who are appellate 

military judges to be judges on the Court. Any judge so assigned shall be 

a commissioned officer of the armed forces, and shall meet the 

qualifications for military judges prescribed by section 948j(b) of this 

title.

(3) The President may appoint, by and with the advice and consent of the 

Senate, additional judges to the United States Court of Military 

Commission Review.

(4) No person may serve as a judge on the Court in any case in which 

that person acted as a military judge, counsel, or reviewing official.
TITLE 10, MILITARY COMMISSIONS 

561

(5)(A) For purposes of sections 203, 205, 207, 208, and 209 of title 18, 

the term “special Government employee” shall include a judge of the 

Court appointed under paragraph (3).

(B) A person appointed as a judge of the Court under paragraph 

(3) shall be considered to be an officer or employee of the United 

States with respect to such person‘s status as a judge, but only 

during periods in which such person is performing the duties of 

such a judge. Any provision of law that prohibits or limits the 

political or business activities of an employee of the United 

States shall only apply to such a judge during such periods.

(6) The term of an appellate military judge assigned to the Court under 

paragraph (2) or appointed to the Court under paragraph (3) shall expire 

on the earlier of the date on which—

(A) the judge leaves active duty; or

(B) the judge is reassigned to other duties in accordance with 

section 949b(b)(4) of this title.

(c) CASES TO BE REVIEWED.—The Court shall, in accordance with procedures 

prescribed under regulations of the Secretary, review the record in each case that 

is referred to the Court by the convening authority under section 950c of this title 

with respect to any matter properly raised by the accused.

(d) STANDARD AND SCOPE OF REVIEW.—In a case reviewed by the Court under 

this section, the Court may act only with respect to the findings and sentence as 

approved by the convening authority. The Court may affirm only such findings 

of guilty, and the sentence or such part or amount of the sentence, as the Court 

finds correct in law and fact and determines, on the basis of the entire record, 

should be approved. In considering the record, the Court may weigh the 

evidence, judge the credibility of witnesses, and determine controverted 

questions of fact, recognizing that the military commission saw and heard the 

witnesses.

(e) REHEARINGS.—If the Court sets aside the findings or sentence, the Court 

may, except where the setting aside is based on lack of sufficient evidence in the 

record to support the findings, order a rehearing. If the Court sets aside the 

findings or sentence and does not order a rehearing, the Court shall order that the 

charges be dismissed.

REVIEW BY UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF 

COLUMBIA CIRCUIT; WRIT OF CERTIORARI TO SUPREME COURT

SEC. 950G. 

(a) EXCLUSIVE APPELLATE JURISDICTION.—Except as provided in subsection 

(b), the United States Court of Appeals for the District of Columbia Circuit shall 
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562

have exclusive jurisdiction to determine the validity of a final judgment rendered 

by a military commission (as approved by the convening authority and, where 

applicable, as affirmed or set aside as incorrect in law by the United States Court 

of Military Commission Review) under this chapter.

(b) EXHAUSTION OF OTHER APPEALS.—The United States Court of Appeals for 

the District of Columbia Circuit may not review a final judgment described in 

subsection (a) until all other appeals under this chapter have been waived or 

exhausted.

(c) TIME FOR SEEKING REVIEW.—A petition for review by the United States Court 

of Appeals for the District of Columbia Circuit must be filed in the Court of 

Appeals—

(1) not later than 20 days after the date on which written notice of the 

final decision of the United States Court of Military Commission Review 

is served on the parties; or

(2) if the accused submits, in the form prescribed by section 950c of this 

title, a written notice waiving the right of the accused to review by the 

United States Court of Military Commission Review, not later than 20 

days after the date on which such notice is submitted.

(d) SCOPE AND NATURE OF REVIEW. —The United States Court of Appeals for 

the District of Columbia Circuit may act under this section only with respect to 

the findings and sentence as approved by the convening authority and as affirmed 

or set aside as incorrect in law by the United States Court of Military 

Commission Review, and shall take action only with respect to matters of law, 

including the sufficiency of the evidence to support the verdict.

(e) REVIEW BY SUPREME COURT.—The Supreme Court may review by writ of 

certiorari pursuant to section 1254 of title 28 the final judgment of the United 

States Court of Appeals for the District of Columbia Circuit under this section.

APPELLATE COUNSEL

SEC. 950H.

(a) APPOINTMENT.—The Secretary of Defense shall, by regulation, establish 

procedures for the appointment of appellate counsel for the United States and for 

the accused in military commissions under this chapter. Appellate counsel shall 

meet the qualifications of counsel for appearing before military commissions 

under this chapter.

(b) REPRESENTATION OF UNITED STATES.—Appellate counsel appointed under 

subsection (a)—

(1) shall represent the United States in any appeal or review proceeding 

under this chapter before the United States Court of Military 

Commission Review; and
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563

(2) may, when requested to do so by the Attorney General in a case 

arising under this chapter, represent the United States before the United 

States Court of Appeals for the District of Columbia Circuit or the 

Supreme Court.

(c) REPRESENTATION OF ACCUSED.—The accused shall be represented by 

appellate counsel appointed under subsection (a) before the United States Court 

of Military Commission Review, the United States Court of Appeals for the 

District of Columbia Circuit, and the Supreme Court, and by civilian counsel if 

retained by the accused. Any such civilian counsel shall meet the qualifications 

under paragraph (3) of section 949c(b) of this title for civilian counsel appearing 

before military commissions under this chapter and shall be subject to the 

requirements of paragraph (7) of that section.

EXECUTION OF SENTENCE; SUSPENSION OF SENTENCE

SEC. 950I.

(a) IN GENERAL.—The Secretary of Defense is authorized to carry out a sentence 

imposed by a military commission under this chapter in accordance with such 

procedures as the Secretary may prescribe.

(b) EXECUTION OF SENTENCE OF DEATH ONLY UPON APPROVAL BY THE 

PRESIDENT.—If the sentence of a military commission under this chapter extends 

to death, that part of the sentence providing for death may not be executed until 

approved by the President. In such a case, the President may commute, remit, or 

suspend the sentence, or any part thereof, as he sees fit.

(c) EXECUTION OF SENTENCE OF DEATH ONLY UPON FINAL JUDGMENT OF 

LEGALITY OF PROCEEDINGS.—

(1) If the sentence of a military commission under this chapter extends to 

death, the sentence may not be executed until there is a final judgment as 

to the legality of the proceedings (and with respect to death, approval 

under subsection (b)).

(2) A judgment as to legality of proceedings is final for purposes of 

paragraph (1) when review is completed in accordance with the judgment 

of the United States Court of Military Commission Review and—

(A) the time for the accused to file a petition for review by the 

United States Court of Appeals for the District of Columbia 

Circuit has expired, the accused has not filed a timely petition for 

such review, and the case is not otherwise under review by the 

Court of Appeals; or

(B) review is completed in accordance with the judgment of the 

United States Court of Appeals for the District of Columbia 

Circuit and—
TITLE 10, MILITARY COMMISSIONS 

564

(i) a petition for a writ of certiorari is not timely filed;

(ii) such a petition is denied by the Supreme Court; or

(iii) review is otherwise completed in accordance with 

the judgment of the Supreme Court.

(d) SUSPENSION OF SENTENCE.—The Secretary of the Defense, or the convening 

authority acting on the case (if other than the Secretary), may suspend the 

execution of any sentence or part thereof in the case, except a sentence of death.

FINALITY OF PROCEEDINGS, FINDINGS, AND SENTENCES

SEC. 950J.

The appellate review of records of trial provided by this chapter, and the 

proceedings, findings, and sentences of military commissions as approved, 

reviewed, or affirmed as required by this chapter, are final and conclusive. 

Orders publishing the proceedings of military commissions under this chapter are 

binding upon all departments, courts, agencies, and officers of the United States, 

subject only to action by the Secretary or the convening authority as provided in 

section 950i(c) of this title and the authority of the President.

SUBCHAPTER VIII—PUNITIVE MATTERS

DEFINITIONS; CONSTRUCTION OF CERTAIN OFFENSES;

COMMON CIRCUMSTANCES

SEC. 950P.

(a) DEFINITIONS.—In this subchapter:

(1) The term “military objective” means combatants and those objects 

during hostilities which, by their nature, location, purpose, or use, 

effectively contribute to the war-fighting or war-sustaining capability of 

an opposing force and whose total or partial destruction, capture, or 

neutralization would constitute a definite military advantage to the 

attacker under the circumstances at the time of an attack.

(2) The term “protected person” means any person entitled to protection 

under one or more of the Geneva Conventions, including civilians not 

taking an active part in hostilities, military personnel placed out of 

combat by sickness, wounds, or detention, and military medical or 

religious personnel.

(3) The term “protected property” means any property specifically 

protected by the law of war, including buildings dedicated to religion, 

education, art, science, or charitable purposes, historic monuments, 

hospitals, and places where the sick and wounded are collected, but only 
TITLE 10, MILITARY COMMISSIONS 

565

if and to the extent such property is not being used for military purposes 

or is not otherwise a military objective. The term includes objects 

properly identified by one of the distinctive emblems of the Geneva 

Conventions, but does not include civilian property that is a military 

objective.

(b) CONSTRUCTION OF CERTAIN OFFENSES.—The intent required for offenses 

under paragraphs (1), (2), (3), (4), and (12) of section 950t of this title precludes 

the applicability of such offenses with regard to collateral damage or to death, 

damage, or injury incident to a lawful attack.

(c) COMMON CIRCUMSTANCES.—An offense specified in this subchapter is 

triable by military commission under this chapter only if the offense is committed 

in the context of and associated with hostilities.

(d) EFFECT.—The provisions of this subchapter codify offenses that have 

traditionally been triable by military commission. This chapter does not establish 

new crimes that did not exist before the date of the enactment of this subchapter, 

as amended by the National Defense Authorization Act for Fiscal Year 2010, but 

rather codifies those crimes for trial by military commission. Because the 

provisions of this subchapter codify offenses that have traditionally been triable 

under the law of war or otherwise triable by military commission, this subchapter 

does not preclude trial for offenses that occurred before the date of the enactment 

of this subchapter, as so amended.

PRINCIPALS

SEC. 950Q.

Any person punishable under this chapter who—

(1) commits an offense punishable by this chapter, or aids, abets, counsels, 

commands, or procures its commission;

(2) causes an act to be done which if directly performed by him would be 

punishable by this chapter; or

(3) is a superior commander who, with regard to acts punishable by this chapter, 

knew, had reason to know, or should have known, that a subordinate was about 

to commit such acts or had done so and who failed to take the necessary and 

reasonable measures to prevent such acts or to punish the perpetrators thereof, is 

a principal.
TITLE 10, MILITARY COMMISSIONS 

566

ACCESSORY AFTER THE FACT

SEC. 950R.

Any person subject to this chapter who, knowing that an offense punishable by 

this chapter has been committed, receives, comforts, or assists the offender in 

order to hinder or prevent his apprehension, trial, or punishment shall be 

punished as a military commission under this chapter may direct.

CONVICTION OF LESSER OFFENSES

SEC. 950S.

An accused may be found guilty of an offense necessarily included in the offense 

charged or of an attempt to commit either the offense charged or an attempt to 

commit either the offense charged or an offense necessarily included therein.

CRIMES TRIABLE BY MILITARY COMMISSION

SEC. 950T.

The following offenses shall be triable by military commission under this chapter 

at any time without limitation:

(1) MURDER OF PROTECTED PERSONS.—Any person subject to this chapter who 

intentionally kills one or more protected persons shall be punished by death or 

such other punishment as a military commission under this chapter may direct.

(2) ATTACKING CIVILIANS.—Any person subject to this chapter who 

intentionally engages in an attack upon a civilian population as such, or 

individual civilians not taking active part in hostilities, shall be punished, if death 

results to one or more of the victims, by death or such other punishment as a 

military commission under this chapter may direct, and, if death does not result 

to any of the victims, by such punishment, other than death, as a military 

commission under this chapter may direct.

(3) ATTACKING CIVILIAN OBJECTS.—Any person subject to this chapter who 

intentionally engages in an attack upon a civilian object that is not a military 

objective shall be punished as a military commission under this chapter may 

direct.

(4) ATTACKING PROTECTED PROPERTY.—Any person subject to this chapter who 

intentionally engages in an attack upon protected property shall be punished as a 

military commission under this chapter may direct.

(5) PILLAGING.—Any person subject to this chapter who intentionally and in the 

absence of military necessity appropriates or seizes property for private or 

personal use, without the consent of a person with authority to permit such 
TITLE 10, MILITARY COMMISSIONS 

567

appropriation or seizure, shall be punished as a military commission under this 

chapter may direct.

(6) DENYING QUARTER.—Any person subject to this chapter who, with effective 

command or control over subordinate groups, declares, orders, or otherwise 

indicates to those groups that there shall be no survivors or surrender accepted, 

with the intent to threaten an adversary or to conduct hostilities such that there 

would be no survivors or surrender accepted, shall be punished as a military 

commission under this chapter may direct.

(7) TAKING HOSTAGES.—Any person subject to this chapter who, having 

knowingly seized or detained one or more persons, threatens to kill, injure, or 

continue to detain such person or persons with the intent of compelling any 

nation, person other than the hostage, or group of persons to act or refrain from 

acting as an explicit or implicit condition for the safety or release of such person 

or persons, shall be punished, if death results to one or more of the victims, by 

death or such other punishment as a military commission under this chapter may 

direct, and, if death does not result to any of the victims, by such punishment, 

other than death, as a military commission under this chapter may direct.

(8) EMPLOYING POISON OR SIMILAR WEAPONS.—Any person subject to this 

chapter who intentionally, as a method of warfare, employs a substance or 

weapon that releases a substance that causes death or serious and lasting damage 

to health in the ordinary course of events, through its asphyxiating, 

bacteriological, or toxic properties, shall be punished, if death results to one or 

more of the victims, by death or such other punishment as a military commission 

under this chapter may direct, and, if death does not result to any of the victims, 

by such punishment, other than death, as a military commission under this 

chapter may direct.

(9) USING PROTECTED PERSONS AS A SHIELD.—Any person subject to this 

chapter who positions, or otherwise takes advantage of, a protected person with 

the intent to shield a military objective from attack, or to shield, favor, or impede 

military operations, shall be punished, if death results to one or more of the 

victims, by death or such other punishment as a military commission under this 

chapter may direct, and, if death does not result to any of the victims, by such 

punishment, other than death, as a military commission under this chapter may 

direct.

(10) USING PROTECTED PROPERTY AS A SHIELD.—Any person subject to this 

chapter who positions, or otherwise takes advantage of the location of, protected 

property with the intent to shield a military objective from attack, or to shield, 

favor, or impede military operations, shall be punished as a military commission 

under this chapter may direct.
TITLE 10, MILITARY COMMISSIONS 

568

(11) TORTURE.—

(A) OFFENSE.—Any person subject to this chapter who commits an act 

specifically intended to inflict severe physical or mental pain or suffering 

(other than pain or suffering incidental to lawful sanctions) upon another 

person within his custody or physical control for the purpose of obtaining 

information or a confession, punishment, intimidation, coercion, or any 

reason based on discrimination of any kind, shall be punished, if death 

results to one or more of the victims, by death or such other punishment 

as a military commission under this chapter may direct, and, if death 

does not result to any of the victims, by such punishment, other than 

death, as a military commission under this chapter may direct.

(B) SEVERE MENTAL PAIN OR SUFFERING DEFINED.—In this paragraph, 

the term “severe mental pain or suffering” has the meaning given that 

term in section 2340(2) of title 18.

(12) CRUEL OR INHUMAN TREATMENT.—Any person subject to this chapter who 

subjects another person in their custody or under their physical control, 

regardless of nationality or physical location, to cruel or inhuman treatment that 

constitutes a grave breach of common Article 3 of the Geneva Conventions shall 

be punished, if death results to the victim, by death or such other punishment as a 

military commission under this chapter may direct, and, if death does not result 

to the victim, by such punishment, other than death, as a military commission 

under this chapter may direct.

(13) INTENTIONALLY CAUSING SERIOUS BODILY INJURY.—

(A) OFFENSE.—Any person subject to this chapter who intentionally 

causes serious bodily injury to one or more persons, including privileged 

belligerents, in violation of the law of war shall be punished, if death 

results to one or more of the victims, by death or such other punishment 

as a military commission under this chapter may direct, and, if death 

does not result to any of the victims, by such punishment, other than

death, as a military commission under this chapter may direct.

(B) SERIOUS BODILY INJURY DEFINED.—In this paragraph, the term 

“serious bodily injury” means bodily injury which involves—

(i) a substantial risk of death;

(ii) extreme physical pain;

(iii) protracted and obvious disfigurement; or

(iv) protracted loss or impairment of the function of a bodily 

member, organ, or mental faculty.

(14) MUTILATING OR MAIMING.—Any person subject to this chapter who 

intentionally injures one or more protected persons by disfiguring the person or 

persons by any mutilation of the person or persons, or by permanently disabling 

any member, limb, or organ of the body of the person or persons, without any 
TITLE 10, MILITARY COMMISSIONS 

569

legitimate medical or dental purpose, shall be punished, if death results to one or 

more of the victims, by death or such other punishment as a military commission 

under this chapter may direct, and, if death does not result to any of the victims, 

by such punishment, other than death, as a military commission under this 

chapter may direct.

(15) MURDER IN VIOLATION OF THE LAW OF WAR.—Any person subject to this 

chapter who intentionally kills one or more persons, including privileged 

belligerents, in violation of the law of war shall be punished by death or such 

other punishment as a military commission under this chapter may direct.

(16) DESTRUCTION OF PROPERTY IN VIOLATION OF THE LAW OF WAR.—Any 

person subject to this chapter who intentionally destroys property belonging to 

another person in violation of the law of war shall be punished as a military 

commission under this chapter may direct.

(17) USING TREACHERY OR PERFIDY.—Any person subject to this chapter who, 

after inviting the confidence or belief of one or more persons that they were 

entitled to, or obliged to accord, protection under the law of war, intentionally 

makes use of that confidence or belief in killing, injuring, or capturing such 

person or persons shall be punished, if death results to one or more of the 

victims, by death or such other punishment as a military commission under this 

chapter may direct, and, if death does not result to any of the victims, by such 

punishment, other than death, as a military commission under this chapter may 

direct.

(18) IMPROPERLY USING A FLAG OF TRUCE.—Any person subject to this chapter 

who uses a flag of truce to feign an intention to negotiate, surrender, or otherwise 

suspend hostilities when there is no such intention shall be punished as a military 

commission under this chapter may direct.

(19) IMPROPERLY USING A DISTINCTIVE EMBLEM.—Any person subject to this 

chapter who intentionally uses a distinctive emblem recognized by the law of war 

for combatant purposes in a manner prohibited by the law of war shall be 

punished as a military commission under this chapter may direct.

(20) INTENTIONALLY MISTREATING A DEAD BODY.—Any person subject to this 

chapter who intentionally mistreats the body of a dead person, without 

justification by legitimate military necessary, shall be punished as a military 

commission under this chapter may direct.

(21) RAPE.—Any person subject to this chapter who forcibly or with coercion or 

threat of force wrongfully invades the body of a person by penetrating, however 

slightly, the anal or genital opening of the victim with any part of the body of the 

accused, or with any foreign object, shall be punished as a military commission 

under this chapter may direct.

(22) SEXUAL ASSAULT OR ABUSE.—Any person subject to this chapter who 

forcibly or with coercion or threat of force engages in sexual contact with one or 
TITLE 10, MILITARY COMMISSIONS 

570

more persons, or causes one or more persons to engage in sexual contact, shall be 

punished as a military commission under this chapter may direct.

(23) HIJACKING OR HAZARDING A VESSEL OR AIRCRAFT.—Any person subject 

to this chapter who intentionally seizes, exercises unauthorized control over, or 

endangers the safe navigation of a vessel or aircraft that is not a legitimate 

military objective shall be punished, if death results to one or more of the 

victims, by death or such other punishment as a military commission under this 

chapter may direct, and, if death does not result to any of the victims, by such 

punishment, other than death, as a military commission under this chapter may 

direct.

(24) TERRORISM.—Any person subject to this chapter who intentionally kills or 

inflicts great bodily harm on one or more protected persons, or intentionally 

engages in an act that evinces a wanton disregard for human life, in a manner 

calculated to influence or affect the conduct of government or civilian population 

by intimidation or coercion, or to retaliate against government conduct, shall be 

punished, if death results to one or more of the victims, by death or such other 

punishment as a military commission under this chapter may direct, and, if death 

does not result to any of the victims, by such punishment, other than death, as a 

military commission under this chapter may direct.

(25) PROVIDING MATERIAL SUPPORT FOR TERRORISM.—

(A) OFFENSE.—Any person subject to this chapter who provides material 

support or resources, knowing or intending that they are to be used in 

preparation for, or in carrying out, an act of terrorism (as set forth in 

paragraph (24) of this section), or who intentionally provides material 

support or resources to an international terrorist organization engaged in 

hostilities against the United States, knowing that such organization has 

engaged or engages in terrorism (as so set forth), shall be punished as a 

military commission under this chapter may direct.

(B) MATERIAL SUPPORT OR RESOURCES DEFINED.—In this paragraph, 

the term “material support or resources” has the meaning given that term 

in section 2339A(b) of title 18.

(26) WRONGFULLY AIDING THE ENEMY.—Any person subject to this chapter 

who, in breach of an allegiance or duty to the United States, knowingly and 

intentionally aids an enemy of the United States, or one of the co-belligerents of 

the enemy, shall be punished as a military commission under this chapter may 

direct.

(27) SPYING.—Any person subject to this chapter who, in violation of the law of 

war and with intent or reason to believe that it is to be used to the injury of the 

United States or to the advantage of a foreign power, collects or attempts to 

collect information by clandestine means or while acting under false pretenses, 

for the purpose of conveying such information to an enemy of the United States, 
TITLE 10, MILITARY COMMISSIONS 

571

or one of the co-belligerents of the enemy, shall be punished by death or such 

other punishment as a military commission under this chapter may direct.

(28) ATTEMPTS.—

(A) IN GENERAL.—Any person subject to this chapter who attempts to 

commit 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 commit an 

offense under this chapter, amounting to more than mere preparation and 

tending, even though failing, to effect its commission, is an attempt to 

commit that offense.

(C) EFFECT OF CONSUMMATION.—Any person subject to this chapter 

may be convicted of an attempt to commit an offense although it appears 

on the trial that the offense was consummated.

(29) CONSPIRACY.—Any person subject to this chapter who conspires to commit 

one or more substantive offenses triable by military commission under this 

subchapter, and who knowingly does any overt act to effect the object of the 

conspiracy, shall be punished, if death results to one or more of the victims, by 

death or such other punishment as a military commission under this chapter may 

direct, and, if death does not result to any of the victims, by such punishment, 

other than death, as a military commission under this chapter may direct.

(30) SOLICITATION.—Any person subject to this chapter who solicits or advises 

another or others to commit one or more substantive offenses triable by military 

commission under this chapter shall, if the offense solicited or advised is 

attempted or committed, be punished with the punishment provided for the 

commission of the offense, but, if the offense solicited or advised is not 

committed or attempted, shall be punished as a military commission under this 

chapter may direct.

(31) CONTEMPT.—A military commission under this chapter may punish for 

contempt any person who uses any menacing word, sign, or gesture in its 

presence, or who disturbs its proceedings by any riot or disorder.

(32) PERJURY AND OBSTRUCTION OF JUSTICE.—A military commission under 

this chapter may try offenses and impose such punishment as the military 

commission may direct for perjury, false testimony, or obstruction of justice 

related to the military commission.
FREEDOM OF INFORMATION ACT

572

TITLE 5, SECTION 552, UNITED STATES CODE

(THE “FREEDOM OF INFORMATION ACT”)

PUBLIC INFORMATION; AGENCY RULES, OPINIONS, ORDERS,

RECORDS, AND PROCEEDINGS

SECTION 552.

(a) Each agency shall make available to the public information as follows:

(1) Each agency shall separately state and currently publish in the 

Federal Register for the guidance of the public—

(A) descriptions of its central and field organization and the 

established places at which, the employees (and in the case of a 

uniformed service, the members) from whom, and the methods 

whereby, the public may obtain information, make submittals or 

requests, or obtain decisions;

(B) statements of the general course and method by which its 

functions are channeled and determined, including the nature and 

requirements of all formal and informal procedures available;

(C) rules of procedure, descriptions of forms available or the 

places at which forms may be obtained, and instructions as to the 

scope and contents of all papers, reports, or examinations;

(D) substantive rules of general applicability adopted as 

authorized by law, and statements of general policy or 

interpretations of general applicability formulated and adopted 

by the agency; and

(E) each amendment, revision, or repeal of the foregoing.

Except to the extent that a person has actual and timely notice of the 

terms thereof, a person may not in any manner be required to resort to, or 

be adversely affected by, a matter required to be published in the Federal 

Register and not so published. For the purpose of this paragraph, matter 

reasonably available to the class of persons affected thereby is deemed 

published in the Federal Register when incorporated by reference therein 

with the approval of the Director of the Federal Register.

(2) Each agency, in accordance with published rules, shall make 

available for public inspection in an electronic format—

(A) final opinions, including concurring and dissenting opinions, 

as well as orders, made in the adjudication of cases;

(B) those statements of policy and interpretations which have 

been adopted by the agency and are not published in the Federal 

Register;
FREEDOM OF INFORMATION ACT

573

(C) administrative staff manuals and instructions to staff that 

affect a member of the public;

(D) copies of all records, regardless of form or format—

(i) that have been released to any person under paragraph 

(3); and

(ii)(I) that because of the nature of their subject matter, 

the agency determines have become or are likely to 

become the subject of subsequent requests for 

substantially the same records; or

(II) that have been requested 3 or more times; 

and

(E) a general index of the records referred to under subparagraph 

(D);

unless the materials are promptly published and copies offered for sale. 

For records created on or after November 1, 1996, within one year after 

such date, each agency shall make such records available, including by 

computer telecommunications or, if computer telecommunications means 

have not been established by the agency, by other electronic means. To 

the extent required to prevent a clearly unwarranted invasion of personal 

privacy, an agency may delete identifying details when it makes 

available or publishes an opinion, statement of policy, interpretation, 

staff manual, instruction, or copies of records referred to in subparagraph 

(D). However, in each case the justification for the deletion shall be 

explained fully in writing, and the extent of such deletion shall be 

indicated on the portion of the record which is made available or 

published, unless including that indication would harm an interest 

protected by the exemption in subsection (b) under which the deletion is 

made. If technically feasible, the extent of the deletion shall be indicated 

at the place in the record where the deletion was made. Each agency shall 

also maintain and make available for public inspection in an electronic 

format current indexes providing identifying information for the public 

as to any matter issued, adopted, or promulgated after July 4, 1967, and 

required by this paragraph to be made available or published. Each 

agency shall promptly publish, quarterly or more frequently, and 

distribute (by sale or otherwise) copies of each index or supplements 

thereto unless it determines by order published in the Federal Register 

that the publication would be unnecessary and impracticable, in which 

case the agency shall nonetheless provide copies of such index on 

request at a cost not to exceed the direct cost of duplication. Each agency 

shall make the index referred to in subparagraph (E) available by 

computer telecommunications by December 31, 1999. A final order, 
FREEDOM OF INFORMATION ACT

574

opinion, statement of policy, interpretation, or staff manual or instruction 

that affects a member of the public may be relied on, used, or cited as 

precedent by an agency against a party other than an agency only if—

(i) it has been indexed and either made available or published as 

provided by this paragraph; or

(ii) the party has actual and timely notice of the terms thereof.

(3)(A) Except with respect to the records made available under 

paragraphs (1) and (2) of this subsection, and except as provided in 

subparagraph (E), each agency, upon any request for records which (i) 

reasonably describes such records and (ii) is made in accordance with 

published rules stating the time, place, fees (if any), and procedures to be 

followed, shall make the records promptly available to any person.

(B) In making any record available to a person under this 

paragraph, an agency shall provide the record in any form or 

format requested by the person if the record is readily 

reproducible by the agency in that form or format. Each agency 

shall make reasonable efforts to maintain its records in forms or 

formats that are reproducible for purposes of this section.

(C) In responding under this paragraph to a request for records, 

an agency shall make reasonable efforts to search for the records 

in electronic form or format, except when such efforts would 

significantly interfere with the operation of the agency’s 

automated information system.

(D) For purposes of this paragraph, the term “search” means to 

review, manually or by automated means, agency records for the 

purpose of locating those records which are responsive to a 

request.

(E) An agency, or part of an agency, that is an element of the 

intelligence community (as that term is defined in section 3(4) of 

the National Security Act of 1947 (50 U.S.C. 401a(4))) shall not 

make any record available under this paragraph to—

(i) any government entity, other than a State, territory, 

commonwealth, or district of the United States, or any 

subdivision thereof; or

(ii) a representative of a government entity described in 

clause (i).

(4)(A)(i) In order to carry out the provisions of this section, each agency 

shall promulgate regulations, pursuant to notice and receipt of public 

comment, specifying the schedule of fees applicable to the processing of 

requests under this section and establishing procedures and guidelines for 

determining when such fees should be waived or reduced. Such schedule 
FREEDOM OF INFORMATION ACT

575

shall conform to the guidelines which shall be promulgated, pursuant to 

notice and receipt of public comment, by the Director of the Office of 

Management and Budget and which shall provide for a uniform schedule 

of fees for all agencies.

(ii) Such agency regulations shall provide that—

(I) fees shall be limited to reasonable standard 

charges for document search, duplication, and 

review, when records are requested for 

commercial use;

(II) fees shall be limited to reasonable standard 

charges for document duplication when records 

are not sought for commercial use and the 

request is made by an educational or 

noncommercial scientific institution, whose 

purpose is scholarly or scientific research; or a 

representative of the news media; and

(III) for any request not described in (I) or (II), 

fees shall be limited to reasonable standard 

charges for document search and duplication.

In this clause, the term “a representative of the news 

media” means any person or entity that gathers 

information of potential interest to a segment of the 

public, uses its editorial skills to turn the raw materials 

into a distinct work, and distributes that work to an 

audience. In this clause, the term “news” means 

information that is about current events or that would be 

of current interest to the public. Examples of newsmedia entities are television or radio stations 

broadcasting to the public at large and publishers of 

periodicals (but only if such entities qualify as 

disseminators of “news”) who make their products 

available for purchase by or subscription by or free 

distribution to the general public. These examples are 

not all-inclusive. Moreover, as methods of news delivery 

evolve (for example, the adoption of the electronic 

dissemination of newspapers through 

telecommunications services), such alternative media 

shall be considered to be news-media entities. A 

freelance journalist shall be regarded as working for a 

news-media entity if the journalist can demonstrate a 

solid basis for expecting publication through that entity, 
FREEDOM OF INFORMATION ACT

576

whether or not the journalist is actually employed by the 

entity. A publication contract would present a solid basis 

for such an expectation; the Government may also 

consider the past publication record of the requester in 

making such a determination.

(iii) Documents shall be furnished without any charge or 

at a charge reduced below the fees established under 

clause (ii) if disclosure of the information is in the public 

interest because it is likely to contribute significantly to 

public understanding of the operations or activities of the 

government and is not primarily in the commercial 

interest of the requester.

(iv) Fee schedules shall provide for the recovery of only 

the direct costs of search, duplication, or review. Review 

costs shall include only the direct costs incurred during 

the initial examination of a document for the purposes of 

determining whether the documents must be disclosed 

under this section and for the purposes of withholding 

any portions exempt from disclosure under this section. 

Review costs may not include any costs incurred in 

resolving issues of law or policy that may be raised in 

the course of processing a request under this section. No 

fee may be charged by any agency under this section—

(I) if the costs of routine collection and 

processing of the fee are likely to equal or 

exceed the amount of the fee; or

(II) for any request described in clause (ii)(II) or

(III) of this subparagraph for the first two hours 

of search time or for the first one hundred pages 

of duplication.

(v) No agency may require advance payment of any fee 

unless the requester has previously failed to pay fees in a 

timely fashion, or the agency has determined that the fee 

will exceed $250.

(vi) Nothing in this subparagraph shall supersede fees 

chargeable under a statute specifically providing for 

setting the level of fees for particular types of records.

(vii) In any action by a requester regarding the waiver of 

fees under this section, the court shall determine the 

matter de novo: Provided, That the court’s review of the 

matter shall be limited to the record before the agency.
FREEDOM OF INFORMATION ACT

577

(viii)(I) Except as provided in subclause (II), an agency 

shall not assess any search fees (or in the case of a 

requester described under clause (ii)(II) of this 

subparagraph, duplication fees) under this subparagraph 

if the agency has failed to comply with any time limit 

under paragraph (6).

(II)(aa) If an agency has determined that unusual 

circumstances apply (as the term is defined in 

paragraph (6)(B)) and the agency provided a 

timely written notice to the requester in 

accordance with paragraph (6)(B), a failure 

described in subclause (I) is excused for an 

additional 10 days. If the agency fails to comply

with the extended time limit, the agency may not 

assess any search fees (or in the case of a 

requester described under clause (ii)(II) of this 

subparagraph, duplication fees).

(bb) If an agency has determined that 

unusual circumstances apply and more 

than 5,000 pages are necessary to 

respond to the request, an agency may 

charge search fees (or in the case of a 

requester described under clause (ii)(II) 

of this subparagraph, duplication fees) if 

the agency has provided a timely written 

notice to the requester in accordance 

with paragraph (6)(B) and the agency 

has discussed with the requester via 

written mail, electronic mail, or 

telephone (or made not less than 3 goodfaith attempts to do so) how the 

requester could effectively limit the 

scope of the request in accordance with 

paragraph (6)(B)(ii).

(cc) If a court has determined that 

exceptional circumstances exist (as that 

term is defined in paragraph (6)(C)), a 

failure described in subclause (I) shall 

be excused for the length of time 

provided by the court order.
FREEDOM OF INFORMATION ACT

578

(B) On complaint, the district court of the United States in the 

district in which the complainant resides, or has his principal 

place of business, or in which the agency records are situated, or 

in the District of Columbia, has jurisdiction to enjoin the agency 

from withholding agency records and to order the production of 

any agency records improperly withheld from the complainant. 

In such a case the court shall determine the matter de novo, and 

may examine the contents of such agency records in camera to 

determine whether such records or any part thereof shall be 

withheld under any of the exemptions set forth in subsection (b) 

of this section, and the burden is on the agency to sustain its 

action. In addition to any other matters to which a court accords 

substantial weight, a court shall accord substantial weight to an 

affidavit of an agency concerning the agency’s determination as 

to technical feasibility under paragraph (2)(C) and subsection (b) 

and reproducibility under paragraph (3)(B).

(C) Notwithstanding any other provision of law, the defendant 

shall serve an answer or otherwise plead to any complaint made 

under this subsection within thirty days after service upon the 

defendant of the pleading in which such complaint is made, 

unless the court otherwise directs for good cause shown.

[(D) Repealed.]

(E)(i) The court may assess against the United States reasonable 

attorney fees and other litigation costs reasonably incurred in any 

case under this section in which the complainant has 

substantially prevailed.

(ii) For purposes of this subparagraph, a complainant has 

substantially prevailed if the complainant has obtained 

relief through either—

(I) a judicial order, or an enforceable written 

agreement or consent decree; or

(II) a voluntary or unilateral change in position 

by the agency, if the complainant’s claim is not 

insubstantial.

(F)(i) Whenever the court orders the production of any agency 

records improperly withheld from the complainant and assesses 

against the United States reasonable attorney fees and other 

litigation costs, and the court additionally issues a written finding 

that the circumstances surrounding the withholding raise 

questions whether agency personnel acted arbitrarily or 

capriciously with respect to the withholding, the Special Counsel 
FREEDOM OF INFORMATION ACT

579

shall promptly initiate a proceeding to determine whether 

disciplinary action is warranted against the officer or employee 

who was primarily responsible for the withholding. The Special 

Counsel, after investigation and consideration of the evidence 

submitted, shall submit his findings and recommendations to the 

administrative authority of the agency concerned and shall send 

copies of the findings and recommendations to the officer or 

employee or his representative. The administrative authority 

shall take the corrective action that the Special Counsel 

recommends.

(ii) The Attorney General shall—

(I) notify the Special Counsel of each civil 

action described under the first sentence of 

clause (i); and

(II) annually submit a report to Congress on the 

number of such civil actions in the preceding 

year.

(iii) The Special Counsel shall annually submit a report 

to Congress on the actions taken by the Special Counsel 

under clause (i).

(G) In the event of noncompliance with the order of the court, 

the district court may punish for contempt the responsible 

employee, and in the case of a uniformed service, the responsible 

member.

(5) Each agency having more than one member shall maintain and make 

available for public inspection a record of the final votes of each member 

in every agency proceeding.

(6)(A) Each agency, upon any request for records made under paragraph 

(1), (2), or (3) of this subsection, shall—

(i) determine within 20 days (excepting Saturdays, 

Sundays, and legal public holidays) after the receipt of 

any such request whether to comply with such request 

and shall immediately notify the person making such 

request of—

(I) such determination and the reasons therefor;

(II) the right of such person to seek assistance 

from the FOIA Public Liaison of the agency; 

and

(III) in the case of an adverse determination—

(aa) the right of such person to appeal to 

the head of the agency, within a period 
FREEDOM OF INFORMATION ACT

580

determined by the head of the agency 

that is not less than 90 days after the 

date of such adverse determination; and

(bb) the right of such person to seek 

dispute resolution services from the 

FOIA Public Liaison of the agency or 

the Office of Government Information 

Services; and

(ii) make a determination with respect to any appeal 

within twenty days (excepting Saturdays, Sundays, and 

legal public holidays) after the receipt of such appeal. If 

on appeal the denial of the request for records is in 

whole or in part upheld, the agency shall notify the 

person making such request of the provisions for judicial 

review of that determination under paragraph (4) of this 

subsection.

The 20-day period under clause (i) shall commence on 

the date on which the request is first received by the 

appropriate component of the agency, but in any event 

not later than ten days after the request is first received 

by any component of the agency that is designated in the 

agency’s regulations under this section to receive 

requests under this section. The 20-day period shall not 

be tolled by the agency except—

(I) that the agency may make one request to the 

requester for information and toll the 20-day 

period while it is awaiting such information that 

it has reasonably requested from the requester 

under this section; or

(II) if necessary to clarify with the requester 

issues regarding fee assessment. In either case, 

the agency’s receipt of the requester’s response 

to the agency’s request for information or 

clarification ends the tolling period.

(B)(i) In unusual circumstances as specified in this 

subparagraph, the time limits prescribed in either clause (i) or 

clause (ii) of subparagraph (A) may be extended by written 

notice to the person making such request setting forth the 

unusual circumstances for such extension and the date on which 

a determination is expected to be dispatched. No such notice 

shall specify a date that would result in an extension for more 
FREEDOM OF INFORMATION ACT

581

than ten working days, except as provided in clause (ii) of this 

subparagraph.

(ii) With respect to a request for which a written notice 

under clause (i) extends the time limits prescribed under 

clause (i) of subparagraph (A), the agency shall notify 

the person making the request if the request cannot be 

processed within the time limit specified in that clause 

and shall provide the person an opportunity to limit the 

scope of the request so that it may be processed within 

that time limit or an opportunity to arrange with the 

agency an alternative time frame for processing the 

request or a modified request. To aid the requester, each 

agency shall make available its FOIA Public Liaison, 

who shall assist in the resolution of any disputes 

between the requester and the agency, and notify the 

requester of the right of the requester to seek dispute 

resolution services from the Office of Government 

Information Services. Refusal by the person to 

reasonably modify the request or arrange such an 

alternative time frame shall be considered as a factor in 

determining whether exceptional circumstances exist for 

purposes of subparagraph (C).

(iii) As used in this subparagraph, “unusual 

circumstances” means, but only to the extent reasonably 

necessary to the proper processing of the particular 

requests—

(I) the need to search for and collect the 

requested records from field facilities or other 

establishments that are separate from the office 

processing the request;

(II) the need to search for, collect, and 

appropriately examine a voluminous amount of 

separate and distinct records which are 

demanded in a single request; or

(III) the need for consultation, which shall be 

conducted with all practicable speed, with 

another agency having a substantial interest in 

the determination of the request or among two or 

more components of the agency having 

substantial subject-matter interest therein.
FREEDOM OF INFORMATION ACT

582

(iv) Each agency may promulgate regulations, pursuant 

to notice and receipt of public comment, providing for 

the aggregation of certain requests by the same 

requestor, or by a group of requestors acting in concert, 

if the agency reasonably believes that such requests 

actually constitute a single request, which would 

otherwise satisfy the unusual circumstances specified in 

this subparagraph, and the requests involve clearly 

related matters. Multiple requests involving unrelated 

matters shall not be aggregated.

(C)(i) Any person making a request to any agency for records 

under paragraph (1), (2), or (3) of this subsection shall be 

deemed to have exhausted his administrative remedies with 

respect to such request if the agency fails to comply with the 

applicable time limit provisions of this paragraph. If the 

Government can show exceptional circumstances exist and that 

the agency is exercising due diligence in responding to the 

request, the court may retain jurisdiction and allow the agency 

additional time to complete its review of the records. Upon any 

determination by an agency to comply with a request for records, 

the records shall be made promptly available to such person 

making such request. Any notification of denial of any request 

for records under this subsection shall set forth the names and 

titles or positions of each person responsible for the denial of 

such request.

(ii) For purposes of this subparagraph, the term 

“exceptional circumstances” does not include a delay 

that results from a predictable agency workload of 

requests under this section, unless the agency 

demonstrates reasonable progress in reducing its backlog 

of pending requests.

(iii) Refusal by a person to reasonably modify the scope 

of a request or arrange an alternative time frame for 

processing a request (or a modified request) under clause 

(ii) after being given an opportunity to do so by the 

agency to whom the person made the request shall be 

considered as a factor in determining whether 

exceptional circumstances exist for purposes of this 

subparagraph.

(D)(i) Each agency may promulgate regulations, pursuant to 

notice and receipt of public comment, providing for multitrack 
FREEDOM OF INFORMATION ACT

583

processing of requests for records based on the amount of work 

or time (or both) involved in processing requests.

(ii) Regulations under this subparagraph may provide a 

person making a request that does not qualify for the 

fastest multitrack processing an opportunity to limit the 

scope of the request in order to qualify for faster 

processing.

(iii) This subparagraph shall not be considered to affect 

the requirement under subparagraph (C) to exercise due 

diligence.

(E)(i) Each agency shall promulgate regulations, pursuant to 

notice and receipt of public comment, providing for expedited 

processing of requests for records—

(I) in cases in which the person requesting the 

records demonstrates a compelling need; and

(II) in other cases determined by the agency.

(ii) Notwithstanding clause (i), regulations under this 

subparagraph must ensure—

(I) that a determination of whether to provide 

expedited processing shall be made, and notice 

of the determination shall be provided to the 

person making the request, within 10 days after 

the date of the request; and

(II) expeditious consideration of administrative 

appeals of such determinations of whether to 

provide expedited processing.

(iii) An agency shall process as soon as practicable any 

request for records to which the agency has granted 

expedited processing under this subparagraph. Agency 

action to deny or affirm denial of a request for expedited 

processing pursuant to this subparagraph, and failure by 

an agency to respond in a timely manner to such a 

request shall be subject to judicial review under 

paragraph (4), except that the judicial review shall be 

based on the record before the agency at the time of the 

determination.

(iv) A district court of the United States shall not have 

jurisdiction to review an agency denial of expedited 

processing of a request for records after the agency has 

provided a complete response to the request.
FREEDOM OF INFORMATION ACT

584

(v) For purposes of this subparagraph, the term 

“compelling need” means—

(I) that a failure to obtain requested records on 

an expedited basis under this paragraph could 

reasonably be expected to pose an imminent 

threat to the life or physical safety of an 

individual; or

(II) with respect to a request made by a person 

primarily engaged in disseminating information, 

urgency to inform the public concerning actual 

or alleged Federal Government activity.

(vi) A demonstration of a compelling need by a person 

making a request for expedited processing shall be made 

by a statement certified by such person to be true and 

correct to the best of such person’s knowledge and 

belief.

(F) In denying a request for records, in whole or in part, an 

agency shall make a reasonable effort to estimate the volume of 

any requested matter the provision of which is denied, and shall 

provide any such estimate to the person making the request, 

unless providing such estimate would harm an interest protected 

by the exemption in subsection (b) pursuant to which the denial 

is made.

(7) Each agency shall—

(A) establish a system to assign an individualized tracking 

number for each request received that will take longer than ten 

days to process and provide to each person making a request the 

tracking number assigned to the request; and

(B) establish a telephone line or Internet service that provides 

information about the status of a request to the person making 

the request using the assigned tracking number, including—

(i) the date on which the agency originally received the 

request; and

(ii) an estimated date on which the agency will complete 

action on the request.

(8)(A) An agency shall—

(i) withhold information under this section only if—

(I) the agency reasonably foresees that 

disclosure would harm an interest protected by 

an exemption described in subsection (b); or

(II) disclosure is prohibited by law; and
FREEDOM OF INFORMATION ACT

585

(ii)(I) consider whether partial disclosure of information 

is possible whenever the agency determines that a full 

disclosure of a requested record is not possible; and

(II) take reasonable steps necessary to segregate 

and release nonexempt information; and

(B) Nothing in this paragraph requires disclosure of information 

that is otherwise prohibited from disclosure by law, or otherwise 

exempted from disclosure under subsection (b)(3).

(b) This section does not apply to matters that are—

(1)(A) specifically authorized under criteria established by an Executive 

order to be kept secret in the interest of national defense or foreign policy 

and (B) are in fact properly classified pursuant to such Executive order;

(2) related solely to the internal personnel rules and practices of an 

agency;

(3) specifically exempted from disclosure by statute (other than section 

552b of this title), if that statute—

(A)(i) requires that the matters be withheld from the public in 

such a manner as to leave no discretion on the issue; or

(ii) establishes particular criteria for withholding or 

refers to particular types of matters to be withheld; and

(B) if enacted after the date of enactment of the OPEN FOIA Act 

of 2009, specifically cites to this paragraph.

(4) trade secrets and commercial or financial information obtained from a 

person and privileged or confidential;

(5) inter-agency or intra-agency memorandums or letters that would not 

be available by law to a party other than an agency in litigation with the 

agency, provided that the deliberative process privilege shall not apply to 

records created 25 years or more before the date on which the records 

were requested;

(6) personnel and medical files and similar files the disclosure of which 

would constitute a clearly unwarranted invasion of personal privacy;

(7) records or information compiled for law enforcement purposes, but 

only to the extent that the production of such law enforcement records or 

information (A) could reasonably be expected to interfere with 

enforcement proceedings, (B) would deprive a person of a right to a fair 

trial or an impartial adjudication, (C) could reasonably be expected to 

constitute an unwarranted invasion of personal privacy, (D) could 

reasonably be expected to disclose the identity of a confidential source, 

including a State, local, or foreign agency or authority or any private 

institution which furnished information on a confidential basis, and, in 

the case of a record or information compiled by criminal law 
FREEDOM OF INFORMATION ACT

586

enforcement authority in the course of a criminal investigation or by an 

agency conducting a lawful national security intelligence investigation, 

information furnished by a confidential source, (E) would disclose 

techniques and procedures for law enforcement investigations or 

prosecutions, or would disclose guidelines for law enforcement 

investigations or prosecutions if such disclosure could reasonably be 

expected to risk circumvention of the law, or (F) could reasonably be 

expected to endanger the life or physical safety of any individual;

(8) contained in or related to examination, operating, or condition reports 

prepared by, on behalf of, or for the use of an agency responsible for the 

regulation or supervision of financial institutions; or

(9) geological and geophysical information and data, including maps, 

concerning wells.

Any reasonably segregable portion of a record shall be provided to any person 

requesting such record after deletion of the portions which are exempt under this 

subsection. The amount of information deleted, and the exemption under which 

the deletion is made, shall be indicated on the released portion of the record, 

unless including that indication would harm an interest protected by the 

exemption in this subsection under which the deletion is made. If technically 

feasible, the amount of the information deleted, and the exemption under which 

the deletion is made, shall be indicated at the place in the record where such 

deletion is made.

(c)(1) Whenever a request is made which involves access to records described in 

subsection (b)(7)(A) and—

(A) the investigation or proceeding involves a possible violation 

of criminal law; and

(B) there is reason to believe that (i) the subject of the 

investigation or proceeding is not aware of its pendency, and (ii) 

disclosure of the existence of the records could reasonably be 

expected to interfere with enforcement proceedings,

the agency may, during only such time as that circumstance continues, 

treat the records as not subject to the requirements of this section.

(2) Whenever informant records maintained by a criminal law 

enforcement agency under an informant’s name or personal identifier are 

requested by a third party according to the informant’s name or personal 

identifier, the agency may treat the records as not subject to the 

requirements of this section unless the informant’s status as an informant 

has been officially confirmed.

(3) Whenever a request is made which involves access to records 

maintained by the Federal Bureau of Investigation pertaining to foreign 

intelligence or counterintelligence, or international terrorism, and the 
FREEDOM OF INFORMATION ACT

587

existence of the records is classified information as provided in 

subsection (b)(1), the Bureau may, as long as the existence of the records 

remains classified information, treat the records as not subject to the 

requirements of this section.

(d) This section does not authorize withholding of information or limit the 

availability of records to the public, except as specifically stated in this section. 

This section is not authority to withhold information from Congress.

(e)(1) On or before February 1 of each year, each agency shall submit to the 

Attorney General of the United States and to the Director of the Office of 

Government Information Services a report which shall cover the preceding fiscal 

year and which shall include—

(A) the number of determinations made by the agency not to

comply with requests for records made to such agency under 

subsection (a) and the reasons for each such determination;

(B)(i) the number of appeals made by persons under subsection 

(a)(6), the result of such appeals, and the reason for the action 

upon each appeal that results in a denial of information; and

(ii) a complete list of all statutes that the agency relies 

upon to authorize the agency to withhold information 

under subsection (b)(3), the number of occasions on 

which each statute was relied upon, a description of 

whether a court has upheld the decision of the agency to 

withhold information under each such statute, and a 

concise description of the scope of any information 

withheld;

(C) the number of requests for records pending before the agency 

as of September 30 of the preceding year, and the median and 

average number of days that such requests had been pending 

before the agency as of that date;

(D) the number of requests for records received by the agency 

and the number of requests which the agency processed;

(E) the median number of days taken by the agency to process 

different types of requests, based on the date on which the 

requests were received by the agency;

(F) the average number of days for the agency to respond to a 

request beginning on the date on which the request was received 

by the agency, the median number of days for the agency to 

respond to such requests, and the range in number of days for the 

agency to respond to such requests;

(G) based on the number of business days that have elapsed 

since each request was originally received by the agency—
FREEDOM OF INFORMATION ACT

588

(i) the number of requests for records to which the 

agency has responded with a determination within a 

period up to and including 20 days, and in 20-day 

increments up to and including 200 days;

(ii) the number of requests for records to which the 

agency has responded with a determination within a 

period greater than 200 days and less than 301 days;

(iii) the number of requests for records to which the 

agency has responded with a determination within a 

period greater than 300 days and less than 401 days; and

(iv) the number of requests for records to which the 

agency has responded with a determination within a 

period greater than 400 days;

(H) the average number of days for the agency to provide the 

granted information beginning on the date on which the request 

was originally filed, the median number of days for the agency to 

provide the granted information, and the range in number of days 

for the agency to provide the granted information;

(I) the median and average number of days for the agency to 

respond to administrative appeals based on the date on which the 

appeals originally were received by the agency, the highest 

number of business days taken by the agency to respond to an 

administrative appeal, and the lowest number of business days 

taken by the agency to respond to an administrative appeal;

(J) data on the 10 active requests with the earliest filing dates 

pending at each agency, including the amount of time that has 

elapsed since each request was originally received by the 

agency;

(K) data on the 10 active administrative appeals with the earliest 

filing dates pending before the agency as of September 30 of the 

preceding year, including the number of business days that have 

elapsed since the requests were originally received by the 

agency;

(L) the number of expedited review requests that are granted and 

denied, the average and median number of days for adjudicating 

expedited review requests, and the number adjudicated within 

the required 10 days;

(M) the number of fee waiver requests that are granted and 

denied, and the average and median number of days for 

adjudicating fee waiver determinations;
FREEDOM OF INFORMATION ACT

589

(N) the total amount of fees collected by the agency for 

processing requests;

(O) the number of full-time staff of the agency devoted to 

processing requests for records under this section, and the total 

amount expended by the agency for processing such requests;

(P) the number of times the agency denied a request for records 

under subsection (c); and

(Q) the number of records that were made available for public 

inspection in an electronic format under subsection (a)(2).

(2) Information in each report submitted under paragraph (1) shall be 

expressed in terms of each principal component of the agency and for the 

agency overall.

(3) Each agency shall make each such report available for public 

inspection in an electronic format. In addition, each agency shall make 

the raw statistical data used in each report available in a timely manner 

for public inspection in an electronic format, which shall be made 

available—

(A) without charge, license, or registration requirement;

(B) in an aggregated, searchable format; and

(C) in a format that may be downloaded in bulk.

(4) The Attorney General of the United States shall make each report 

which has been made available by electronic means available at a single 

electronic access point. The Attorney General of the United States shall 

notify the Chairman and ranking minority member of the Committee on 

Oversight and Government Reform of the House of Representatives and 

the Chairman and ranking minority member of the Committees on 

Homeland Security and Governmental Affairs and the Judiciary of the 

Senate, no later than March 1 of the year in which each such report is 

issued, that such reports are available by electronic means.

(5) The Attorney General of the United States, in consultation with the 

Director of the Office of Management and Budget, shall develop 

reporting and performance guidelines in connection with reports required 

by this subsection by October 1, 1997, and may establish additional 

requirements for such reports as the Attorney General determines may be 

useful.

(6)(A) The Attorney General of the United States shall submit to the 

Committee on Oversight and Government Reform of the House of 

Representatives, the Committee on the Judiciary of the Senate, and the 

President a report on or before March 1 of each calendar year, which 

shall include for the prior calendar year—
FREEDOM OF INFORMATION ACT

590

(i) a listing of the number of cases arising under this 

section;

(ii) a listing of—

(I) each subsection, and any exemption, if 

applicable, involved in each case arising under 

this section;

(II) the disposition of each case arising under 

this section; and

(III) the cost, fees, and penalties assessed under 

subparagraphs (E), (F), and (G) of subsection 

(a)(4); and

(iii) a description of the efforts undertaken by the 

Department of Justice to encourage agency compliance 

with this section.

(B) The Attorney General of the United States shall make—

(i) each report submitted under subparagraph (A) 

available for public inspection in an electronic format; 

and

(ii) the raw statistical data used in each report submitted 

under subparagraph (A) available for public inspection 

in an electronic format, which shall be made available—

(I) without charge, license, or registration requirement;

(II) in an aggregated, searchable format; and

(III) in a format that may be downloaded in 

bulk.

(f) For purposes of this section, the term—

(1) “agency” as defined in section 551(1) of this title includes any 

executive department, military department, Government corporation, 

Government controlled corporation, or other establishment in the 

executive branch of the Government (including the Executive Office of 

the President), or any independent regulatory agency; and

(2) “record” and any other term used in this section in reference to 

information includes—

(A) any information that would be an agency record subject to 

the requirements of this section when maintained by an agency 

in any format, including an electronic format; and

(B) any information described under subparagraph (A) that is 

maintained for an agency by an entity under Government 

contract, for the purposes of records management.

(g) The head of each agency shall prepare and make available for public 

inspection in an electronic format, reference material or a guide for requesting 
FREEDOM OF INFORMATION ACT

591

records or information from 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 systems 

maintained by the agency; and

(3) a handbook for obtaining various types and categories of public 

information from the agency pursuant to chapter 35 of title 44, and under 

this section.

(h)(1) There is established the Office of Government Information Services within 

the National Archives and Records Administration. The head of the Office shall 

be the Director of the Office of Government Information Services.

(2) The Office of Government Information Services shall—

(A) review policies and procedures of administrative agencies 

under this section;

(B) review compliance with this section by administrative 

agencies; and

(C) identify procedures and methods for improving compliance 

under this section.

(3) The Office of Government Information Services shall offer mediation 

services to resolve disputes between persons making requests under this 

section and administrative agencies as a nonexclusive alternative to 

litigation and may issue advisory opinions at the discretion of the Office 

or upon request of any party to a dispute.

(4)(A) Not less frequently than annually, the Director of the Office of 

Government Information Services shall submit to the Committee on 

Oversight and Government Reform of the House of Representatives, the 

Committee on the Judiciary of the Senate, and the President—

(i) a report on the findings of the information reviewed 

and identified under paragraph (2);

(ii) a summary of the activities of the Office of 

Government Information Services under paragraph (3), 

including—

(I) any advisory opinions issued; and

(II) the number of times each agency engaged in 

dispute resolution with the assistance of the 

Office of Government Information Services or 

the FOIA Public Liaison; and

(iii) legislative and regulatory recommendations, if any, 

to improve the administration of this section.
FREEDOM OF INFORMATION ACT

592

(B) The Director of the Office of Government Information 

Services shall make each report submitted under subparagraph 

(A) available for public inspection in an electronic format.

(C) The Director of the Office of Government Information 

Services shall not be required to obtain the prior approval, 

comment, or review of any officer or agency of the United 

States, including the Department of Justice, the Archivist of the 

United States, or the Office of Management and Budget before 

submitting to Congress, or any committee or subcommittee 

thereof, any reports, recommendations, testimony, or comments, 

if such submissions include a statement indicating that the views 

expressed therein are those of the Director and do not necessarily 

represent the views of the President.

(5) The Director of the Office of Government Information Services may 

directly submit additional information to Congress and the President as 

the Director determines to be appropriate.

(6) Not less frequently than annually, the Office of Government 

Information Services shall conduct a meeting that is open to the public 

on the review and reports by the Office and shall allow interested persons 

to appear and present oral or written statements at the meeting.

(i) The Government Accountability Office shall conduct audits of administrative 

agencies on the implementation of this section and issue reports detailing the 

results of such audits.

(j)(1) Each agency shall designate a Chief FOIA Officer who shall be a senior 

official of such agency (at the Assistant Secretary or equivalent level).

(2) The Chief FOIA Officer of each agency shall, subject to the authority 

of the head of the agency—

(A) have agency-wide responsibility for efficient and appropriate 

compliance with this section;

(B) monitor implementation of this section throughout the 

agency and keep the head of the agency, the chief legal officer of 

the agency, and the Attorney General appropriately informed of 

the agency’s performance in implementing this section;

(C) recommend to the head of the agency such adjustments to 

agency practices, policies, personnel, and funding as may be 

necessary to improve its implementation of this section;

(D) review and report to the Attorney General, through the head 

of the agency, at such times and in such formats as the Attorney 

General may direct, on the agency’s performance in 

implementing this section;
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593

(E) facilitate public understanding of the purposes of the 

statutory exemptions of this section by including concise 

descriptions of the exemptions in both the agency’s handbook 

issued under subsection (g), and the agency’s annual report on 

this section, and by providing an overview, where appropriate, of 

certain general categories of agency records to which those 

exemptions apply;

(F) offer training to agency staff regarding their responsibilities 

under this section;

(G) serve as the primary agency liaison with the Office of 

Government Information Services and the Office of Information 

Policy; and

(H) designate 1 or more FOIA Public Liaisons.

(3) The Chief FOIA Officer of each agency shall review, not less 

frequently than annually, all aspects of the administration of this section 

by the agency to ensure compliance with the requirements of this section, 

including—

(A) agency regulations;

(B) disclosure of records required under paragraphs (2) and (8) 

of subsection (a);

(C) assessment of fees and determination of eligibility for fee 

waivers;

(D) the timely processing of requests for information under this 

section;

(E) the use of exemptions under subsection (b); and

(F) dispute resolution services with the assistance of the Office 

of Government Information Services or the FOIA Public 

Liaison.

(k)(1) There is established in the executive branch the Chief FOIA Officers 

Council (referred to in this subsection as the “Council”).

(2) The Council shall be comprised of the following members:

(A) The Deputy Director for Management of the Office of 

Management and Budget.

(B) The Director of the Office of Information Policy at the 

Department of Justice.

(C) The Director of the Office of Government Information 

Services.

(D) The Chief FOIA Officer of each agency.

(E) Any other officer or employee of the United States as 

designated by the Co-Chairs.
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594

(3) The Director of the Office of Information Policy at the Department of 

Justice and the Director of the Office of Government Information 

Services shall be the Co-Chairs of the Council.

(4) The Administrator of General Services shall provide administrative 

and other support for the Council.

(5)(A) The duties of the Council shall include the following:

(i) Develop recommendations for increasing compliance 

and efficiency under this section.

(ii) Disseminate information about agency experiences, 

ideas, best practices, and innovative approaches related 

to this section.

(iii) Identify, develop, and coordinate initiatives to 

increase transparency and compliance with this section.

(iv) Promote the development and use of common 

performance measures for agency compliance with this 

section.

(B) In performing the duties described in subparagraph (A), the 

Council shall consult on a regular basis with members of the 

public who make requests under this section.

(6)(A) The Council shall meet regularly and such meetings shall be open 

to the public unless the Council determines to close the meeting for 

reasons of national security or to discuss information exempt under 

subsection (b).

(B) Not less frequently than annually, the Council shall hold a 

meeting that shall be open to the public and permit interested 

persons to appear and present oral and written statements to the 

Council.

(C) Not later than 10 business days before a meeting of the 

Council, notice of such meeting shall be published in the Federal 

Register.

(D) Except as provided in subsection (b), the records, reports, 

transcripts, minutes, appendices, working papers, drafts, studies, 

agenda, or other documents that were made available to or 

prepared for or by the Council shall be made publicly available.

(E) Detailed minutes of each meeting of the Council shall be 

kept and shall contain a record of the persons present, a complete 

and accurate description of matters discussed and conclusions 

reached, and copies of all reports received, issued, or approved 

by the Council. The minutes shall be redacted as necessary and 

made publicly available.
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595

(l) FOIA Public Liaisons shall report to the agency Chief FOIA Officer and shall 

serve as supervisory officials to whom a requester under this section can raise 

concerns about the service the requester has received from the FOIA Requester 

Center, following an initial response from the FOIA Requester Center Staff. 

FOIA Public Liaisons shall be responsible for assisting in reducing delays, 

increasing transparency and understanding of the status of requests, and assisting 

in the resolution of disputes.

(m)(1) The Director of the Office of Management and Budget, in consultation 

with the Attorney General, shall ensure the operation of a consolidated online 

request portal that allows a member of the public to submit a request for records 

under subsection (a) to any agency from a single website. The portal may include 

any additional tools the Director of the Office of Management and Budget finds 

will improve the implementation of this section.

(2) This subsection shall not be construed to alter the power of any other 

agency to create or maintain an independent online portal for the 

submission of a request for records under this section. The Director of 

the Office of Management and Budget shall establish standards for 

interoperability between the portal required under paragraph (1) and 

other request processing software used by agencies subject to this 

section.
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596

TITLE 5, SECTION 552A, UNITED STATES CODE

(THE “PRIVACY ACT”)

RECORDS MAINTAINED ON INDIVIDUALS

SECTION 552a.

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

(1) the term “agency” means agency as defined in section 552(e) of this 

title;

(2) the term “individual” means a citizen of the United States or an alien 

lawfully admitted for permanent residence;

(3) the term “maintain” includes maintain, collect, use, or disseminate;

(4) the term “record” means any item, collection, or grouping of 

information about an individual that is maintained by an agency, 

including, but not limited to, his education, financial transactions, 

medical history, and criminal or employment history and that contains 

his name, or the identifying number, symbol, or other identifying 

particular assigned to the individual, such as a finger or voice print or a 

photograph;

(5) the term “system of records” means a group of any records under the 

control of any agency from which information is retrieved by the name 

of the individual or by some identifying number, symbol, or other 

identifying particular assigned to the individual;

(6) the term “statistical record” means a record in a system of records 

maintained for statistical research or reporting purposes only and not 

used in whole or in part in making any determination about an 

identifiable individual, except as provided by section 8 of title 13;

(7) the term “routine use” means, with respect to the disclosure of a 

record, the use of such record for a purpose which is compatible with the 

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 or a 

system of records with non-Federal records for the 

purpose of—

(I) establishing or verifying the eligibility of, or 

continuing compliance with statutory and 

regulatory requirements by, applicants for, 

recipients or beneficiaries of, participants in, or 

providers of services with respect to, cash or in-
PRIVACY ACT

597

kind assistance or payments under Federal 

benefit programs, or

(II) recouping payments or delinquent debts 

under such Federal benefit programs, or

(ii) two or more automated Federal personnel or payroll 

systems of records or a system of Federal personnel or 

payroll records with non-Federal records,

(B) but does not include—

(i) matches performed to produce aggregate statistical 

data without any personal identifiers;

(ii) matches performed to support any research or 

statistical project, the specific data of which may not be 

used to make decisions concerning the rights, benefits, 

or privileges of specific individuals;

(iii) matches performed, by an agency (or component 

thereof) which performs as its principal function any 

activity pertaining to the enforcement of criminal laws, 

subsequent to the initiation of a specific criminal or civil 

law enforcement investigation of a named person or 

persons for the purpose of gathering evidence against 

such person or persons;

(iv) matches of tax information—

(I) pursuant to section 6103(d) of the Internal 

Revenue Code of 1986, 

(II) for purposes of tax administration as defined 

in section 6103(b)(4) of such Code, 

(III) for the purpose of intercepting a tax refund 

due an individual under authority granted by 

section 404(e), 464, or 1137 of the Social 

Security Act; or 

(IV) for the purpose of intercepting a tax refund 

due an individual under any other tax refund 

intercept program authorized by statute which 

has been determined by the Director of the 

Office of Management and Budget to contain 

verification, notice, and hearing requirements 

that are substantially similar to the procedures in 

section 1137 of the Social Security Act;

(v) matches—

(I) using records predominantly relating to 

Federal personnel, that are performed for routine 
PRIVACY ACT

598

administrative purposes (subject to guidance 

provided by the Director of the Office of 

Management and Budget pursuant to subsection 

(v)); or

(II) conducted by an agency using only records 

from systems of records maintained by that 

agency;

if the purpose of the match is not to take any adverse 

financial, personnel, disciplinary, or other adverse action 

against Federal personnel;

(vi) matches performed for foreign counterintelligence 

purposes or to produce background checks for security 

clearances of Federal personnel or Federal contractor 

personnel;

(vii) matches performed incident to a levy described in 

section 6103(k)(8) of the Internal Revenue Code of 

1986; 

(viii) matches performed pursuant to section 202(x)(3) 

or 1611(e)(1) of the Social Security Act (42 U.S.C. §

402(x)(3), 1382(e)(1)); 

(ix) matches performed by the Secretary of Health and 

Human Services or the Inspector General of the 

Department of Health and Human Services with respect 

to potential fraud, waste, and abuse, including matches 

of a system of records with non-Federal records; or

(x) matches performed pursuant to section 3(d)(4) of the 

Achieving a Better Life Experience Act of 2014; 

(9) the term “recipient agency” means any agency, or contractor thereof, 

receiving records contained in a system of records from a source agency 

for use in a matching program;

(10) the term “non-Federal agency” means any State or local 

government, or agency thereof, which receives records contained in a 

system of records from a source agency for use in a matching program;

(11) the term “source agency” means any agency which discloses records 

contained in a system of records to be used in a matching program, or 

any State or local government, or agency thereof, which discloses 

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 agent or 

State on behalf of the Federal Government, providing cash or in-kind 
PRIVACY ACT

599

assistance in the form of payments, grants, loans, or loan guarantees to 

individuals; and

(13) the term “Federal personnel” means officers and employees of the 

Government of the United States, members of the uniformed services 

(including members of the Reserve Components), individuals entitled to 

receive immediate or deferred retirement benefits under any retirement 

program of the Government of the United States (including survivor 

benefits).

(b) CONDITIONS OF DISCLOSURE.—No agency shall disclose any record which is 

contained in a system of records by any means of communication to any person, 

or to another agency, except pursuant to a written request by, or with the prior 

written consent of, the individual to whom the record pertains, unless disclosure 

of the record would be—

(1) to those officers and employees of the agency which maintains the 

record who have a need for the record in the performance of their duties;

(2) required under section 552 of this title;

(3) for a routine use as defined in subsection (a)(7) of this section and 

described under subsection (e)(4)(D) of this section;

(4) to the Bureau of the Census for purposes of planning or carrying out a 

census or survey or related activity pursuant to the provisions of title 13;

(5) to a recipient who has provided the agency with advance adequate 

written assurance that the record will be used solely as a statistical 

research or reporting record, and the record is to be transferred in a form 

that is not individually identifiable;

(6) to the National Archives and Records Administration as a record 

which has sufficient historical or other value to warrant its continued 

preservation by the United States Government, or for evaluation by the 

Archivist of the United States or the designee of the Archivist to 

determine whether the record has such value;

(7) to another agency or to an instrumentality of any governmental 

jurisdiction within or under the control of the United States for a civil or 

criminal law enforcement activity if the activity is authorized by law, and 

if the head of the agency or instrumentality has made a written request to 

the agency which maintains the record specifying the particular portion 

desired and the law enforcement activity for which the record is sought;

(8) to a person pursuant to a showing of compelling circumstances 

affecting the health or safety of an individual if upon such disclosure 

notification is transmitted to the last known address of such individual;

(9) to either House of Congress, or, to the extent of matter within its 

jurisdiction, any committee or subcommittee thereof, any joint 

committee of Congress or subcommittee of any such joint committee;
PRIVACY ACT

600

(10) to the Comptroller General, or any of his authorized representatives, 

in the course of the performance of the duties of the Government 

Accountability Office;

(11) pursuant to the order of a court of competent jurisdiction; or

(12) to a consumer reporting agency in accordance with section 3711(e) 

of title 31.

(c) ACCOUNTING OF CERTAIN DISCLOSURES.—Each agency, with respect to each 

system of records under its control, shall—

(1) except for disclosures made under subsections (b)(1) or (b)(2) of this 

section, keep an accurate accounting of—

(A) the date, nature, and purpose of each disclosure of a record 

to any person or to another agency made under subsection (b) of 

this section; and

(B) the name and address of the person or agency to whom the 

disclosure is made;

(2) retain the accounting made under paragraph (1) of this subsection for 

at least five years or the life of the record, whichever is longer, after the 

disclosure for which the accounting is made;

(3) except for disclosures made under subsection (b)(7) of this section, 

make the accounting made under paragraph (1) of this subsection 

available to the individual named in the record at his request; and

(4) inform any person or other agency about any correction or notation of 

dispute made by the agency in accordance with subsection (d) of this 

section of any record that has been disclosed to the person or agency if 

an accounting of the disclosure was made.

(d) ACCESS TO RECORDS.—Each agency that maintains a system of records 

shall—

(1) upon request by any individual to gain access to his record or to any 

information pertaining to him which is contained in the system, permit 

him and upon his request, a person of his own choosing to accompany 

him, to review the record and have a copy made of all or any portion 

thereof in a form comprehensible to him, except that the agency may 

require the individual to furnish a written statement authorizing 

discussion of that individual’s record in the accompanying person’s 

presence;

(2) permit the individual to request amendment of a record pertaining to 

him and—

(A) not later than 10 days (excluding Saturdays, Sundays, and 

legal public holidays) after the date of receipt of such request, 

acknowledge in writing such receipt; and
PRIVACY ACT

601

(B) promptly, either—

(i) make any correction of any portion thereof which the 

individual believes is not accurate, relevant, timely, or 

complete; or

(ii) inform the individual of its refusal to amend the 

record in accordance with his request, the reason for the 

refusal, the procedures established by the agency for the 

individual to request a review of that refusal by the head 

of the agency or an officer designated by the head of the 

agency, and the name and business address of that 

official;

(3) permit the individual who disagrees with the refusal of the agency to 

amend his record to request a review of such refusal, and not later than 

30 days (excluding Saturdays, Sundays, and legal public holidays) from 

the date on which the individual requests such review, complete such 

review and make a final determination unless, for good cause shown, the 

head of the agency extends such 30-day period; and if, after his review, 

the reviewing official also refuses to amend the record in accordance 

with the request, permit the individual to file with the agency a concise 

statement setting forth the reasons for his disagreement with the refusal 

of the agency, and notify the individual of the provisions for judicial 

review of the reviewing official’s determination under subsection 

(g)(1)(A) of this section;

(4) in any disclosure, containing information about which the individual 

has filed a statement of disagreement, occurring after the filing of the 

statement under paragraph (3) of this subsection, clearly note any portion 

of the record which is disputed and provide copies of the statement and, 

if the agency deems it appropriate, copies of a concise statement of the 

reasons of the agency for not making the amendments requested, to 

persons or other agencies to whom the disputed record has been 

disclosed; and

(5) nothing in this section shall allow an individual access to any 

information compiled in reasonable anticipation of a civil action or 

proceeding.

(e) AGENCY REQUIREMENTS.—Each agency that maintains a system of records 

shall—

(1) maintain in its records only such information about an individual as is 

relevant and necessary to accomplish a purpose of the agency required to 

be accomplished by statute or by executive order of the President;

(2) collect information to the greatest extent practicable directly from the 

subject individual when the information may result in adverse 
PRIVACY ACT

602

determinations about an individual’s rights, benefits, and privileges 

under Federal programs;

(3) inform each individual whom it asks to supply information, on the 

form which it uses to collect the information or on a separate form that 

can be retained by the individual—

(A) the authority (whether granted by statute, or by executive 

order of the President) which authorizes the solicitation of the 

information and whether disclosure of such information is 

mandatory or voluntary;

(B) the principal purpose or purposes for which the information 

is intended to be used;

(C) the routine uses which may be made of the information, as 

published pursuant to paragraph (4)(D) of this subsection; and

(D) the effects on him, if any, of not providing all or any part of 

the requested information;

(4) subject to the provisions of paragraph (11) of this subsection, publish 

in the Federal Register upon establishment or revision a notice of the 

existence and character of the system of records, which notice shall 

include—

(A) the name and location of the system;

(B) the categories of individuals on whom records are 

maintained in the system;

(C) the categories of records maintained in the system;

(D) each routine use of the records contained in the system, 

including the categories of users and the purpose of such use;

(E) the policies and practices of the agency regarding storage, 

retrievability, access controls, retention, and disposal of the 

records;

(F) the title and business address of the agency official who is 

responsible for the system of records;

(G) the agency procedures whereby an individual can be notified 

at his request if the system of records contains a record 

pertaining to him;

(H) the agency procedures whereby an individual can be notified 

at his request how he can gain access to any record pertaining to 

him contained in the system of records, and how he can contest 

its content; and

(I) the categories of sources of records in the system;

(5) maintain all records which are used by the agency in making any 

determination about any individual with such accuracy, relevance, 
PRIVACY ACT

603

timeliness, and completeness as is reasonably necessary to assure 

fairness to the individual in the determination;

(6) prior to disseminating any record about an individual to any person 

other than an agency, unless the dissemination is made pursuant to 

subsection (b)(2) of this section, make reasonable efforts to assure that 

such records are accurate, complete, timely, and relevant for agency 

purposes;

(7) maintain no record describing how any individual exercises rights 

guaranteed by the First Amendment unless expressly authorized by 

statute or by the individual about whom the record is maintained or 

unless pertinent to and within the scope of an authorized law 

enforcement activity;

(8) make reasonable efforts to serve notice on an individual when any 

record on such individual is made available to any person under 

compulsory legal process when such process becomes a matter of public 

record;

(9) establish rules of conduct for persons involved in the design, 

development, operation, or maintenance of any system of records, or in 

maintaining any record, and instruct each such person with respect to 

such rules and the requirements of this section, including any other rules 

and procedures adopted pursuant to this section and the penalties for 

noncompliance;

(10) establish appropriate administrative, technical, and physical 

safeguards to insure the security and confidentiality of records and to 

protect against any anticipated threats or hazards to their security or 

integrity which could result in substantial harm, embarrassment, 

inconvenience, or unfairness to any individual on whom information is 

maintained;

(11) at least 30 days prior to publication of information under paragraph 

(4)(D) of this subsection, publish in the Federal Register notice of any 

new use or intended use of the information in the system, and provide an 

opportunity for interested persons to submit written data, views, or 

arguments to the agency; and

(12) if such agency is a recipient agency or a source agency in a 

matching program with a non-Federal agency, with respect to any 

establishment or revision of a matching program, at least 30 days prior to 

conducting such program, publish in the Federal Register notice of such 

establishment or revision.

(f) AGENCY RULES.—In order to carry out the provisions of this section, each 

agency that maintains a system of records shall promulgate rules, in accordance 
PRIVACY ACT

604

with the requirements (including general notice) of section 553 of this title, 

which shall—

(1) establish procedures whereby an individual can be notified in 

response to his request if any system of records named by the individual 

contains a record pertaining to him;

(2) define reasonable times, places, and requirements for identifying an 

individual who requests his record or information pertaining to him 

before the agency shall make the record or information available to the 

individual;

(3) establish procedures for the disclosure to an individual upon his 

request of his record or information pertaining to him, including special

procedure, if deemed necessary, for the disclosure to an individual of 

medical records, including psychological records, pertaining to him;

(4) establish procedures for reviewing a request from an individual 

concerning the amendment of any record or information pertaining to the 

individual, for making a determination on the request, for an appeal 

within the agency of an initial adverse agency determination, and for 

whatever additional means may be necessary for each individual to be 

able to exercise fully his rights under this section; and

(5) establish fees to be charged, if any, to any individual for making 

copies of his record, excluding the cost of any search for and review of 

the record.

The Office of the Federal Register shall biennially compile and publish the rules 

promulgated under this subsection and agency notices published under 

subsection (e)(4) of this section in a form available to the public at low cost.

(g)(1) CIVIL REMEDIES.—Whenever any agency

(A) makes a determination under subsection (d)(3) of this section 

not to amend an individual’s record in accordance with his 

request, or fails to make such review in conformity with that 

subsection;

(B) refuses to comply with an individual request under 

subsection (d)(1) of this section;

(C) fails to maintain any record concerning any individual with 

such accuracy, relevance, timeliness, and completeness as is 

necessary to assure fairness in any determination relating to the 

qualifications, character, rights, or opportunities of, or benefits to 

the individual that may be made on the basis of such record, and 

consequently a determination is made which is adverse to the 

individual; or
PRIVACY ACT

605

(D) fails to comply with any other provision of this section, or 

any rule promulgated thereunder, in such a way as to have an 

adverse effect on an individual, 

the individual may bring a civil action against the agency, and the district 

courts of the United States shall have jurisdiction in the matters under the 

provisions of this subsection.

(2)(A) In any suit brought under the provisions of subsection (g)(1)(A) of 

this section, the court may order the agency to amend the individual’s 

record in accordance with his request or in such other way as the court 

may direct. In such a case the court shall determine the matter de novo.

(B) The court may assess against the United States reasonable 

attorney fees and other litigation costs reasonably incurred in any 

case under this paragraph in which the complainant has 

substantially prevailed.

(3)(A) In any suit brought under the provisions of subsection (g)(1)(B) of 

this section, the court may enjoin the agency from withholding the 

records and order the production to the complainant of any agency 

records improperly withheld from him. In such a case the court shall 

determine the matter de novo, and may examine the contents of any 

agency records in camera to determine whether the records or any 

portion thereof may be withheld under any of the exemptions set forth in 

subsection (k) of this section, and the burden is on the agency to sustain 

its action.

(B) The court may assess against the United States reasonable 

attorney fees and other litigation costs reasonably incurred in any 

case under this paragraph in which the complainant has 

substantially prevailed.

(4) In any suit brought under the provisions of subsection (g)(1)(C) or 

(D) of this section in which the court determines that the agency acted in 

a manner which was intentional or willful, the United States shall be 

liable to the individual in an amount equal to the sum of—

(A) actual damages sustained by the individual as a result of the 

refusal or failure, but in no case shall a person entitled to 

recovery receive less than the sum of $1,000; and

(B) the costs of the action together with reasonable attorney fees 

as determined by the court.

(5) An action to enforce any liability created under this section may be 

brought in the district court of the United States in the district in which 

the complainant resides, or has his principal place of business, or in 

which the agency records are situated, or in the District of Columbia, 

without regard to the amount in controversy, within two years from the 
PRIVACY ACT

606

date on which the cause of action arises, except that where an agency has 

materially and willfully misrepresented any information required under 

this section to be disclosed to an individual and the information so 

misrepresented is material to establishment of the liability of the agency 

to the individual under this section, the action may be brought at any 

time within two years after discovery by the individual of the 

misrepresentation. Nothing in this section shall be construed to authorize 

any civil action by reason of any injury sustained as the result of a 

disclosure of a record prior to September 27, 1975.

(h) RIGHTS OF LEGAL GUARDIANS.—For the purposes of this section, the parent 

of any minor, or the legal guardian of any individual who has been declared to be 

incompetent due to physical or mental incapacity or age by a court of competent 

jurisdiction, may act on behalf of the individual.

(i)(1) CRIMINAL PENALTIES.—Any officer or employee of an agency, who by 

virtue of his employment or official position, has possession of, or access to, 

agency records which contain individually identifiable information the disclosure 

of which is prohibited by this section or by rules or regulations established 

thereunder, and who knowing that disclosure of the specific material is so 

prohibited, willfully discloses the material in any manner to any person or agency 

not entitled to receive it, shall be guilty of a misdemeanor and fined not more 

than $5,000.

(2) Any officer or employee of any agency who willfully maintains a 

system of records without meeting the notice requirements of subsection 

(e)(4) of this section shall be guilty of a misdemeanor and fined not more 

than $5,000.

(3) Any person who knowingly and willfully requests or obtains any 

record concerning an individual from an agency under false pretenses 

shall be guilty of a misdemeanor and fined not more than $5,000.

(j) GENERAL EXEMPTIONS.—The head of any agency may promulgate rules, in 

accordance with the requirements (including general notice) of sections 

553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records 

within the agency from any part of this section except subsections (b), (c)(1) and 

(2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i) if the system of 

records is—

(1) maintained by the Central Intelligence Agency; or

(2) maintained by an agency or component thereof which performs as its 

principal function any activity pertaining to the enforcement of criminal 

laws, including police efforts to prevent, control, or reduce crime or to 

apprehend criminals, and the activities of prosecutors, courts, 

correctional, probation, pardon, or parole authorities, and which consists 

of (A) information compiled for the purpose of identifying individual 
PRIVACY ACT

607

criminal offenders and alleged offenders and consisting only of 

identifying data and notations of arrests, the nature and disposition of 

criminal charges, sentencing, confinement, release, and parole and 

probation status; (B) information compiled for the purpose of a criminal 

investigation, including reports of informants and investigators, and 

associated with an identifiable individual; or (C) reports identifiable to an 

individual compiled at any stage of the process of enforcement of the 

criminal laws from arrest or indictment through release from supervision.

At the time rules are adopted under this subsection, the agency shall include in 

the statement required under section 553(c) of this title, the reasons why the 

system of records is to be exempted from a provision of this section.

(k) SPECIFIC EXEMPTIONS.—The head of any agency may promulgate rules, in 

accordance with the requirements (including general notice) of sections 

553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records 

within the agency from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and 

(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 purposes, other 

than material within the scope of subsection (j)(2) of this section: 

Provided, however, That if any individual is denied any right, privilege,

or benefit that he would otherwise be entitled by Federal law, or for 

which he would otherwise be eligible, as a result of the maintenance of 

such material, such material shall be provided to such individual, except 

to the extent that the disclosure of such material would reveal the identity 

of a source who furnished information to the Government under an 

express promise that the identity of the source would be held in 

confidence, or, prior to the effective date of this section, under an 

implied promise that the identity of the source would be held in 

confidence;

(3) maintained in connection with providing protective services to the 

President of the United States or other individuals pursuant to section 

3056 of title 18;

(4) required by statute to be maintained and used solely as statistical 

records;

(5) investigatory material compiled solely for the purpose of determining 

suitability, eligibility, or qualifications for Federal civilian employment, 

military service, Federal contracts, or access to classified information, 

but only to the extent that the disclosure of such material would reveal 

the identity of a source who furnished information to the Government 

under an express promise that the identity of the source would be held in 

confidence, or, prior to the effective date of this section, under an 
PRIVACY ACT

608

implied promise that the identity of the source would be held in 

confidence;

(6) testing or examination material used solely to determine individual 

qualifications for appointment or promotion in the Federal service the 

disclosure of which would compromise the objectivity or fairness of the 

testing or examination process; or

(7) evaluation material used to determine potential for promotion in the 

armed services, but only to the extent that the disclosure of such material 

would reveal the identity of a source who furnished information to the 

Government under an express promise that the identity of the source 

would be held in confidence, or, prior to the effective date of this section, 

under an implied promise that the identity of the source would be held in 

confidence.

At the time rules are adopted under this subsection, the agency shall include in 

the statement required under section 553(c) of this title, the reasons why the 

system of records is to be exempted from a provision of this section.

(l)(1) ARCHIVAL RECORDS.—Each agency record which is accepted by the 

Archivist of the United States for storage, processing, and servicing in 

accordance with section 3103 of title 44 shall, for the purposes of this section, be 

considered to be maintained by the agency which deposited the record and shall 

be subject to the provisions of this section. The Archivist of the United States 

shall not disclose the record except to the agency which maintains the record, or 

under rules established by that agency which are not inconsistent with the 

provisions of this section.

(2) Each agency record pertaining to an identifiable individual which was 

transferred to the National Archives of the United States as a record 

which has sufficient historical or other value to warrant its continued 

preservation by the United States Government, prior to the effective date 

of this section, shall, for the purposes of this section, be considered to be 

maintained by the National Archives and shall not be subject to the 

provisions of this section, except that a statement generally describing 

such records (modeled after the requirements relating to records subject 

to subsections (e)(4)(A) through (G) of this section) shall be published in 

the Federal Register.

(3) Each agency record pertaining to an identifiable individual which is 

transferred to the National Archives of the United States as a record 

which has sufficient historical or other value to warrant its continued 

preservation by the United States Government, on or after the effective 

date of this section, shall, for the purposes of this section, be considered 

to be maintained by the National Archives and shall be exempt from the 
PRIVACY ACT

609

requirements of this section except subsections (e)(4)(A) through (G) and 

(e)(9) of this section.

(m)(1) GOVERNMENT CONTRACTORS.—When an agency provides by a contract 

for the operation by or on behalf of the agency of a system of records to 

accomplish an agency function, the agency shall, consistent with its authority, 

cause the requirements of this section to be applied to such system. For purposes 

of subsection (i) of this section any such contractor and any employee of such 

contractor, if such contract is agreed to on or after the effective date of this 

section, shall be considered to be an employee of an agency.

(2) A consumer reporting agency to which a record is disclosed under 

section 3711(e) of title 31 shall not be considered a contractor for the 

purposes of this section.

(n) MAILING LISTS.—An individual’s name and address may not be sold or 

rented by an agency unless such action is specifically authorized by law. This 

provision shall not be construed to require the withholding of names and 

addresses otherwise permitted to be made public.

(o) MATCHING AGREEMENTS.—

(1) No record which is contained in a system of records may be disclosed 

to a recipient agency or non-Federal agency for use in a computer 

matching program except pursuant to a written agreement between the 

source agency and the recipient agency or non-Federal agency 

specifying—

(A) the purpose and legal authority for conducting the program;

(B) the justification for the program and the anticipated results, 

including a specific estimate of any savings;

(C) a description of the records that will be matched, including 

each data element that will be used, the approximate number of 

records that will be matched, and the projected starting and 

completion dates of the matching program;

(D) procedures for providing individualized notice at the time of 

application, and notice periodically thereafter as directed by the 

Data Integrity Board of such agency (subject to guidance 

provided by the Director of the Office of Management and 

Budget pursuant to subsection (v)), to—

(i) applicants for and recipients of financial assistance or 

payments under Federal benefit programs, and

(ii) applicants for and holders of positions as Federal 

personnel,

that any information provided by such applicants, recipients, 

holders, and individuals may be subject to verification through 

matching programs;
PRIVACY ACT

610

(E) procedures for verifying information produced in such 

matching program as required by subsection (p);

(F) procedures for the retention and timely destruction of 

identifiable records created by a recipient agency or non-Federal 

agency in such matching program;

(G) procedures for ensuring the administrative, technical, and 

physical security of the records matched and the results of such 

programs;

(H) prohibitions on duplication and redisclosure of records 

provided by the source agency within or outside the recipient 

agency or the non-Federal agency, except where required by law 

or essential to the conduct of the matching program;

(I) procedures governing the use by a recipient agency or nonFederal agency of records provided in a matching program by a 

source agency, including procedures governing return of the 

records to the source agency or destruction of records used in 

such program;

(J) information on assessments that have been made on the 

accuracy of the records that will be used in such matching 

program; and

(K) that the Comptroller General may have access to all records 

of a recipient agency or a non-Federal agency that the 

Comptroller General deems necessary in order to monitor or 

verify compliance with the agreement.

(2)(A) A copy of each agreement entered into pursuant to paragraph (1) 

shall—

(i) be transmitted to the Committee on Governmental 

Affairs of the Senate and the Committee on Government 

Operations of the House of Representatives; and

(ii) be available upon request to the public.

(B) No such agreement shall be effective until 30 days after the 

date on which such a copy is transmitted pursuant to 

subparagraph (A)(i).

(C) Such an agreement shall remain in effect only for such 

period, not to exceed 18 months, as the Data Integrity Board of 

the agency determines is appropriate in light of the purposes, and 

length of time necessary for the conduct, of the matching 

program.

(D) Within 3 months prior to the expiration of such an agreement 

pursuant to subparagraph (C), the Data Integrity Board of the 

agency may, without additional review, renew the matching 
PRIVACY ACT

611

agreement for a current, ongoing matching program for not more 

than one additional year if—

(i) such program will be conducted without any change; 

and

(ii) each party to the agreement certifies to the Board in 

writing that the program has been conducted in 

compliance with the agreement.

(p) VERIFICATION AND OPPORTUNITY TO CONTEST FINDINGS.—

(1) In order to protect any individual whose records are used in a 

matching program, no recipient agency, non-Federal agency, or source 

agency may suspend, terminate, reduce, or make a final denial of any 

financial assistance or payment under a Federal benefit program to such 

individual, or take other adverse action against such individual, as a 

result of information produced by such matching program, until—

(A)(i) the agency has independently verified the information; or

(ii) the Data Integrity Board of the agency, or in the case 

of a non-Federal agency the Data Integrity Board of the 

source agency, determines in accordance with guidance 

issued by the Director of the Office of Management and 

Budget that—

(I) the information is limited to identification 

and amount of benefits paid by the source 

agency under a Federal benefit program; and

(II) there is a high degree of confidence that the 

information provided to the recipient agency is 

accurate;

(B) the individual receives a notice from the agency containing a 

statement of its findings and informing the individual of the 

opportunity to contest such findings; and

(C)(i) the expiration of any time period established for the 

program by statute or regulation for the individual to respond to 

that notice; or

(ii) in the case of a program for which no such period is 

established, the end of the 30-day period beginning on

the date on which notice under subparagraph (B) is 

mailed or otherwise provided to the individual.

(2) Independent verification referred to in paragraph (1) requires 

investigation and confirmation of specific information relating to an 

individual that is used as a basis for an adverse action against the 

individual, including where applicable investigation and confirmation 

of—
PRIVACY ACT

612

(A) the amount of any asset or income involved;

(B) whether such individual actually has or had access to such 

asset or income for such individual’s own use; and

(C) the period or periods when the individual actually had such 

asset or income.

(3) Notwithstanding paragraph (1), an agency may take any appropriate 

action otherwise prohibited by such paragraph if the agency determines 

that the public health or public safety may be adversely affected or 

significantly threatened during any notice period required by such 

paragraph.

(q) SANCTIONS.—

(1) Notwithstanding any other provision of law, no source agency may 

disclose any record which is contained in a system of records to a 

recipient agency or non-Federal agency for a matching program if such 

source agency has reason to believe that the requirements of subsection 

(p), or any matching agreement entered into pursuant to subsection (o), 

or both, are not being met by such recipient agency.

(2) No source agency may renew a matching agreement unless—

(A) the recipient agency or non-Federal agency has certified that 

it has complied with the provisions of that agreement; and

(B) the source agency has no reason to believe that the 

certification is inaccurate.

(r) REPORT ON NEW SYSTEMS AND MATCHING PROGRAMS.—Each agency that 

proposes to establish or make a significant change in a system of records or a 

matching program shall provide adequate advance notice of any such proposal 

(in duplicate) to the Committee on Government Operations of the House of 

Representatives, the Committee on Governmental Affairs of the Senate, and the 

Office of Management and Budget in order to permit an evaluation of the 

probable or potential effect of such proposal on the privacy or other rights of 

individuals.

(s) BIENNIAL REPORT.—The President shall biennially submit to the Speaker of 

the House of Representatives and the President pro tempore of the Senate a 

report—

(1) describing the actions of the Director of the Office of Management 

and Budget pursuant to section 6 of the Privacy Act of 1974 during the 

preceding 2 years;

(2) describing the exercise of individual rights of access and amendment 

under this section during such years;

(3) identifying changes in or additions to systems of records;

(4) containing such other information concerning administration of this 

section as may be necessary or useful to the Congress in reviewing the 
PRIVACY ACT

613

effectiveness of this section in carrying out the purposes of the Privacy 

Act of 1974.

(t)(1) EFFECT OF OTHER LAWS.—No agency shall rely on any exemption 

contained in section 552 of this title to withhold from an individual any record 

which is otherwise accessible to such individual under the provisions of this 

section.

(2) No agency shall rely on any exemption in this section to withhold 

from an individual any record which is otherwise accessible to such 

individual under the provisions of section 552 of this title.

(u) DATA INTEGRITY BOARDS.—

(1) Every agency conducting or participating in a matching program shall 

establish a Data Integrity Board to oversee and coordinate among the 

various components of such agency the agency’s implementation of this 

section.

(2) Each Data Integrity Board shall consist of senior officials designated 

by the head of the agency, and shall include any senior official 

designated by the head of the agency as responsible for implementation 

of this section, and the inspector general of the agency, if any. The 

inspector general shall not serve as chairman of the Data Integrity Board.

(3) Each Data Integrity Board—

(A) shall review, approve, and maintain all written agreements 

for receipt or disclosure of agency records for matching 

programs to ensure compliance with subsection (o), and all 

relevant statutes, regulations, and guidelines;

(B) shall review all matching programs in which the agency has 

participated during the year, either as a source agency or 

recipient agency, determine compliance with applicable laws, 

regulations, guidelines, and agency agreements, and assess the 

costs and benefits of such programs;

(C) shall review all recurring matching programs in which the 

agency has participated during the year, either as a source 

agency or recipient agency, for continued justification for such 

disclosures;

(D) shall compile an annual report, which shall be submitted to 

the head of the agency and the Office of Management and 

Budget and made available to the public on request, describing 

the matching activities of the agency, including—

(i) matching programs in which the agency has 

participated as a source agency or recipient agency;

(ii) matching agreements proposed under subsection (o) 

that were disapproved by the Board;
PRIVACY ACT

614

(iii) any changes in membership or structure of the 

Board in the preceding year;

(iv) the reasons for any waiver of the requirement in 

paragraph (4) of this section for completion and 

submission of a cost-benefit analysis prior to the 

approval of a matching program;

(v) any violations of matching agreements that have 

been alleged or identified and any corrective action 

taken; and

(vi) any other information required by the Director of the 

Office of Management and Budget to be included in 

such report;

(E) shall serve as a clearinghouse for receiving and providing 

information on the accuracy, completeness, and reliability of 

records used in matching programs;

(F) shall provide interpretation and guidance to agency 

components and personnel on the requirements of this section for 

matching programs;

(G) shall review agency recordkeeping and disposal policies and 

practices for matching programs to assure compliance with this 

section; and

(H) may review and report on any agency matching activities 

that are not matching programs.

(4)(A) Except as provided in subparagraphs (B) and (C), a Data Integrity 

Board shall not approve any written agreement for a matching program 

unless the agency has completed and submitted to such Board a costbenefit analysis of the proposed program and such analysis demonstrates 

that the program is likely to be cost effective.

(B) The Board may waive the requirements of subparagraph (A) 

of this paragraph if it determines in writing, in accordance with 

guidelines prescribed by the Director of the Office of 

Management and Budget, that a cost-benefit analysis is not 

required.

(C) A cost-benefit analysis shall not be required under 

subparagraph (A) prior to the initial approval of a written 

agreement for a matching program that is specifically required 

by statute. Any subsequent written agreement for such a program 

shall not be approved by the Data Integrity Board unless the 

agency has submitted a cost-benefit analysis of the program as 

conducted under the preceding approval of such agreement.
PRIVACY ACT

615

(5)(A) If a matching agreement is disapproved by a Data Integrity Board, 

any party to such agreement may appeal the disapproval to the Director 

of the Office of Management and Budget. Timely notice of the filing of 

such an appeal shall be provided by the Director of the Office of 

Management and Budget to the Committee on Governmental Affairs of 

the Senate and the Committee on Government Operations of the House 

of Representatives.

(B) The Director of the Office of Management and Budget may 

approve a matching agreement notwithstanding the disapproval 

of a Data Integrity Board if the Director determines that—

(i) the matching program will be consistent with all 

applicable legal, regulatory, and policy requirements;

(ii) there is adequate evidence that the matching 

agreement will be cost-effective; and

(iii) the matching program is in the public interest.

(C) The decision of the Director to approve a matching 

agreement shall not take effect until 30 days after it is reported to 

committees described in subparagraph (A).

(D) If the Data Integrity Board and the Director of the Office of 

Management and Budget disapprove a matching program 

proposed by the inspector general of an agency, the inspector 

general may report the disapproval to the head of the agency and 

to the Congress.

(6) In the reports required by paragraph (3)(D), agency matching 

activities that are not matching programs may be reported on an 

aggregate basis, if and to the extent necessary to protect ongoing law 

enforcement or counterintelligence investigations.

(v) OFFICE OF MANAGEMENT AND BUDGET RESPONSIBILITIES.—The Director of 

the Office of Management and Budget shall—

(1) develop and, after notice and opportunity for public comment, 

prescribe guidelines and regulations for the use of agencies in 

implementing the provisions of this section; and

(2) provide continuing assistance to and oversight of the implementation 

of this section by agencies.

(w) APPLICABILITY TO BUREAU OF CONSUMER FINANCIAL PROTECTION.—

Except as provided in the Consumer Financial Protection Act of 2010, this

section shall apply with respect to the Bureau of Consumer Financial Protection.
E-GOVERNMENT ACT OF 2002

616

E-GOVERNMENT ACT OF 2002[1]

[Public Law 107-347; 116 STAT. 2899; December 17, 2002]

AN ACT To enhance the management and promotion of electronic Government 

services and processes by establishing a Federal Chief Information Officer within 

the Office of Management and Budget, and by establishing a broad framework of 

measures that require using Internet-based information technology to enhance 

citizen access to Government information and services, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of 

America in Congress assembled,

SHORT TITLE; TABLE OF CONTENTS

SECTION I.

(a) SHORT TITLE.—This Act may be cited as the “E-Government Act of 2002”.

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:

TITLE I – OFFICE OF MANAGEMENT AND BUDGET ELECTRONIC GOVERNMENT 

SERVICES

SEC. 101. Short title; table of contents.

TITLE II – FEDERAL MANAGEMENT AND PROMOTION OF ELECTRONIC 

GOVERNMENT SERVICES

SEC. 208. Privacy provisions.

SEC. 302. Management of information technology.

TITLE II – FEDERAL MANAGEMENT AND PROMOTION OF

ELECTRONIC GOVERNMENT SERVICES

PRIVACY PROVISIONS

SEC. 208. [44 U.S.C. 3501 note]

(a) PURPOSE.—The purpose of this section is to ensure sufficient protections for 

the privacy of personal information as agencies implement citizen-centered 

electronic Government.

 1 Only select provisions are included, as reflected in the table of contents excerpt.
E-GOVERNMENT ACT OF 2002

617

(b) PRIVACY IMPACT ASSESSMENTS.—

(1) RESPONSIBILITIES OF AGENCIES.—

(A) IN GENERAL.—An agency shall take actions described under 

subparagraph (B) before—

(i) developing or procuring information technology that 

collects, maintains, or disseminates information that is in 

an identifiable form; or

(ii) initiating a new collection of information that—

(I) will be collected, maintained, or disseminated 

using information technology; and

(II) includes any information in an identifiable 

form permitting the physical or online 

contacting of a specific individual, if identical 

questions have been posed to, or identical 

reporting requirements imposed on, 10 or more 

persons, other than agencies, instrumentalities, 

or employees of the Federal Government.

(B) AGENCY ACTIVITIES.—To the extent required under 

subparagraph (A), each agency shall—

(i) conduct a privacy impact assessment;

(ii) ensure the review of the privacy impact assessment 

by the Chief Information Officer, or equivalent official, 

as determined by the head of the agency; and

(iii) if practicable, after completion of the review under 

clause (ii), make the privacy impact assessment publicly 

available through the website of the agency, publication 

in the Federal Register, or other means.

(C) SENSITIVE INFORMATION.—Subparagraph (B)(iii) may be 

modified or waived for security reasons, or to protect classified, 

sensitive, or private information contained in an assessment.

(D) COPY TO DIRECTOR.—Agencies shall provide the Director 

with a copy of the privacy impact assessment for each system for 

which funding is requested.

(2) CONTENTS OF A PRIVACY IMPACT ASSESSMENT.—

(A) IN GENERAL.—The Director shall issue guidance to agencies 

specifying the required contents of a privacy impact assessment.

(B) GUIDANCE.—The guidance shall—

(i) ensure that a privacy impact assessment is 

commensurate with the size of the information system 

being assessed, the sensitivity of information that is in an 
E-GOVERNMENT ACT OF 2002

618

identifiable form in that system, and the risk of harm 

from unauthorized release of that information; and

(ii) require that a privacy impact assessment address—

(I) what information is to be collected;

(II) why the information is being collected;

(III) the intended use of the agency of the 

information;

(IV) with whom the information will be shared;

(V) what notice or opportunities for consent 

would be provided to individuals regarding what 

information is collected and how that 

information is shared;

(VI) how the information will be secured; and

(VII) whether a system of records is being 

created under section 552a of title 5, United 

States Code, (commonly referred to as the 

“Privacy Act”).

(3) RESPONSIBILITIES OF THE DIRECTOR.—The Director shall—

(A) develop policies and guidelines for agencies on the conduct 

of privacy impact assessments;

(B) oversee the implementation of the privacy impact assessment 

process throughout the Government; and

(C) require agencies to conduct privacy impact assessments of 

existing information systems or ongoing collections of 

information that is in an identifiable form as the Director 

determines appropriate.

(c) PRIVACY PROTECTIONS ON AGENCY WEBSITES.—

(1) PRIVACY POLICIES ON WEBSITES.—

(A) GUIDELINES FOR NOTICES.—The Director shall develop 

guidance for privacy notices on agency websites used by the 

public.

(B) CONTENTS.—The guidance shall require that a privacy 

notice address, consistent with section 552a of title 5, United 

States Code—

(i) what information is to be collected;

(ii) why the information is being collected;

(iii) the intended use of the agency of the information;

(iv) with whom the information will be shared;

(v) what notice or opportunities for consent would be 

provided to individuals regarding what information is 

collected and how that information is shared;
E-GOVERNMENT ACT OF 2002

619

(vi) how the information will be secured; and

(vii) the rights of the individual under section 552a of 

title 5, United States Code (commonly referred to as the 

'Privacy Act'), and other laws relevant to the protection 

of the privacy of an individual.

(2) PRIVACY POLICIES IN MACHINE-READABLE FORMATS.—The Director 

shall issue guidance requiring agencies to translate privacy policies into a 

standardized machine-readable format.

(d) DEFINITION.—In this section, the term “identifiable form” means any 

representation of information that permits the identity of an individual to whom 

the information applies to be reasonably inferred by either direct or indirect 

means.

MANAGEMENT OF INFORMATION TECHNOLOGY

SEC. 302. [Amending 40 U.S.C. § 11331 to read as follows:]

SEC. 11331. RESPONSIBILITIES FOR FEDERAL INFORMATION SYSTEMS 

STANDARDS.

(a) DEFINITION.—In this section, the term “information security” has the 

meaning given that term in section 3532(b)(1) of title 44.

(b) REQUIREMENT TO PRESCRIBE STANDARDS.

(1)IN GENERAL.—

(A) REQUIREMENT.—Except as provided under paragraph (2), 

the Director of the Office of Management and Budget shall, on 

the basis of proposed standards developed by the National 

Institute of Standards and Technology pursuant to paragraphs (2) 

and (3) of section 20(a) of the National Institute of Standards and 

Technology Act (15 U.S.C. 278g-3(a)) and in consultation with 

the Secretary of Homeland Security, promulgate information 

security standards pertaining to Federal information systems.

(B) REQUIRED STANDARDS.—Standards promulgated under 

subparagraph (A) shall include—

(i) standards that provide minimum information security 

requirements as determined under section 20(b) of the 

National Institute of Standards and Technology Act (15 

U.S.C. 278g-3(b)); and 

(ii) such standards that are otherwise necessary to 

improve the efficiency of operation or security of 

Federal information systems.
E-GOVERNMENT ACT OF 2002

620

(C) REQUIRED STANDARDS BINDING.—Information security 

standards described under subparagraph (B) shall be compulsory 

and binding.

(c) APPLICATION OF MORE STRINGENT STANDARDS.—The head of an agency 

may employ standards for the cost-effective information security for all 

operations and assets within or under the supervision of that agency that are more 

stringent than the standards promulgated by the Director under this section, if 

such standards—

(1) contain, at a minimum, the provisions of those applicable standards 

made compulsory and binding by the Director; and

(2) are otherwise consistent with policies and guidelines issued under 

section 3533 of title 44.

(d) REQUIREMENTS REGARDING DECISIONS BY DIRECTOR.—

(1) DEADLINE. —The decision regarding the promulgation of any 

standard by the Director under subsection (b) shall occur not later than 6 

months after the submission of the proposed standard to the Director by 

the National Institute of Standards and Technology, as provided under 

section 20 of the National Institute of Standards and Technology Act (15 

U.S.C. 278g-3).

(2) NOTICE AND COMMENT. —A decision by the Director to significantly 

modify, or not promulgate a proposed standard submitted to the Director 

by the National Institute of Standards and Technology, as provided under 

section 20 of the National Institute of Standards and Technology Act (15 

U.S.C. 278g-3), shall be made after the public is given an opportunity to 

comment on the Director’s proposed decision.
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

621

FEDERAL INFORMATION SECURITY 

MODERNIZATION ACT OF 2014[1]

[Public Law 113-283; 128 STAT. 3073; December 18, 2014]

AN ACT To amend chapter 35 of title 44, United States Code, to provide for 

reform to Federal information security.

Be it enacted by the Senate and House of Representatives of the United States of 

America in Congress assembled,

TABLE OF CONTENTS2

SEC. 1. Short title.

SEC. 2. Amending the following sections of title 44, United States Code:

 SEC. 3551. Purpose.

 SEC. 3552. Definitions.

 SEC. 3553. Authority and functions of the Director and the Secretary.

 SEC. 3554. Federal agency responsibilities.

 SEC. 3555. Annual independent evaluation.

 SEC. 3556. Federal Information Security Incident Center. 

 SEC. 3557. National Security Systems.

 SEC. 3558. Effect on existing law. 

SHORT TITLE

SECTION. 1. 

This Act may be cited as the “Federal Information Security Modernization Act of 

2014.

SEC. 2. [Amending 44 U.S.C. §§ 3551-3558 to read as follows:]

PURPOSES

SEC. 3551. 

The purposes of this subchapter are to—

 1 Only select provisions are included, as reflected in the table of contents.

2 Table of Contents does not appear in the Act itself.
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

622

(1) provide a comprehensive framework for ensuring the effectiveness of 

information security controls over information resources that support Federal 

operations and assets;

(2) recognize the highly networked nature of the current Federal computing 

environment and provide effective governmentwide management and oversight 

of the related information security risks, including coordination of information 

security efforts throughout the civilian, national security, and law enforcement 

communities;

(3) provide for development and maintenance of minimum controls required to 

protect Federal information and information systems;

(4) provide a mechanism for improved oversight of Federal agency information 

security programs, including through automated security tools to continuously 

diagnose and improve security;

(5) acknowledge that commercially developed information security products 

offer advanced, dynamic, robust, and effective information security solutions, 

reflecting market solutions for the protection of critical information 

infrastructures important to the national defense and economic security of the 

nation that are designed, built, and operated by the private sector; and

(6) recognize that the selection of specific technical hardware and software 

information security solutions should be left to individual agencies from among 

commercially developed products.

DEFINITIONS

SEC. 3552.

(a) IN GENERAL.—Except as provided under subsection (b), the definitions under 

section 3502 shall apply to this subchapter.

(b) ADDITIONAL DEFINITIONS.—As used in this subchapter:

(1) The term “binding operational directive” means a compulsory 

direction to an agency that—

(A) is for purposes of safeguarding Federal information and 

information systems from a known or reasonably suspected 

information security threat, vulnerability, or risk;

(B) shall be in accordance with policies, principles, standards, 

and guidelines issued by the Director; and

(C) may be revised or repealed by the Director if the direction 

issued on behalf of the Director is not in accordance with 

policies and principles developed by the Director.
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

623

(2) The term “incident” means an occurrence that—

(A) actually or imminently jeopardizes, without lawful authority, 

the integrity, confidentiality, or availability of information or an 

information system; or

(B) constitutes a violation or imminent threat of violation of law, 

security policies, security procedures, or acceptable use policies.

(3) The term “information security” means protecting information and 

information systems from unauthorized access, use, disclosure, 

disruption, modification, or destruction in order to provide—

(A) integrity, which means guarding against improper 

information modification or destruction, and includes ensuring 

information nonrepudiation and authenticity;

(B) confidentiality, which means preserving authorized 

restrictions on access and disclosure, including means for 

protecting personal privacy and proprietary information; and

(C) availability, which means ensuring timely and reliable access 

to and use of information.

(4) The term “information technology” has the meaning given that term 

in section 11101 of title 40.

(5) The term “intelligence community” has the meaning given that term 

in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

(6)(A) The term “national security system” means any information 

system (including any telecommunications system) used or operated by 

an agency or by a contractor of an agency, or other organization on 

behalf of an agency—

(i) the function, operation, or use of which—

(I) involves intelligence activities;

(II) involves cryptologic activities related to 

national security;

(III) involves command and control of military 

forces;

(IV) involves equipment that is an integral part 

of a weapon or weapons system; or

(V) subject to subparagraph (B), is critical to the 

direct fulfillment of military or intelligence 

missions; or

(ii) is protected at all times by procedures established for 

information that have been specifically authorized under 

criteria established by an Executive order or an Act of 

Congress to be kept classified in the interest of national 

defense or foreign policy.
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

624

(B) Subparagraph (A)(i)(V) does not include a system that is to 

be used for routine administrative and business applications 

(including payroll, finance, logistics, and personnel management 

applications).

(7) The term “Secretary” means the Secretary of Homeland Security.

AUTHORITY AND FUNCTIONS OF THE DIRECTOR AND THE SECRETARY

SEC. 3553.

(a) DIRECTOR.—The Director shall oversee agency information security policies 

and practices, including—

(1) developing and overseeing the implementation of policies, principles, 

standards, and guidelines on information security, including through 

ensuring timely agency adoption of and compliance with standards 

promulgated under section 11331 of title 40;

(2) requiring agencies, consistent with the standards promulgated under 

such section 11331 and the requirements of this subchapter, to identify 

and provide information security protections commensurate with the risk 

and magnitude of the harm resulting from the unauthorized access, use, 

disclosure, disruption, modification, or destruction of—

(A) information collected or maintained by or on behalf of an 

agency; or

(B) information systems used or operated by an agency or by a 

contractor of an agency or other organization on behalf of an 

agency;

(3) ensuring that the Secretary carries out the authorities and functions 

under subsection (b);

(4) coordinating the development of standards and guidelines under 

section 20 of the National Institute of Standards and Technology Act (15 

U.S.C. 278g–3) with agencies and offices operating or exercising control 

of national security systems (including the National Security Agency) to 

assure, to the maximum extent feasible, that such standards and 

guidelines are complementary with standards and guidelines developed 

for national security systems;

(5) overseeing agency compliance with the requirements of this 

subchapter, including through any authorized action under section 11303 

of title 40, to enforce accountability for compliance with such 

requirements; and

(6) coordinating information security policies and procedures with 

related information resources management policies and procedures.
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

625

(b) SECRETARY.—The Secretary, in consultation with the Director, shall 

administer the implementation of agency information security policies and 

practices for information systems, except for national security systems and 

information systems described in paragraph (2) or (3) of subsection (e), 

including—

(1) assisting the Director in carrying out the authorities and functions 

under paragraphs (1), (2), (3), (5), and (6) of subsection (a);

(2) developing and overseeing the implementation of binding operational 

directives to agencies to implement the policies, principles, standards, 

and guidelines developed by the Director under subsection (a)(1) and the 

requirements of this subchapter, which may be revised or repealed by the 

Director if the operational directives issued on behalf of the Director are 

not in accordance with policies, principles, standards, and guidelines 

developed by the Director, including—

(A) requirements for reporting security incidents to the Federal 

information security incident center established under section 

3556;

(B) requirements for the contents of the annual reports required 

to be submitted under section 3554(c)(1);

(C) requirements for the mitigation of exigent risks to 

information systems; and

(D) other operational requirements as the Director or Secretary, 

in consultation with the Director, may determine necessary;

(3) monitoring agency implementation of information security policies 

and practices;

(4) convening meetings with senior agency officials to help ensure 

effective implementation of information security policies and practices;

(5) coordinating Government-wide efforts on information security 

policies and practices, including consultation with the Chief Information 

Officers Council established under section 3603 and the Director of the 

National Institute of Standards and Technology;

(6) providing operational and technical assistance to agencies in 

implementing policies, principles, standards, and guidelines on 

information security, including implementation of standards promulgated 

under section 11331 of title 40, including by—

(A) operating the Federal information security incident center 

established under section 3556;

(B) upon request by an agency, deploying, operating, and 

maintaining technology to assist the agency to continuously 

diagnose and mitigate against cyber threats and vulnerabilities, 

with or without reimbursement;
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

626

(C) compiling and analyzing data on agency information 

security; and

(D) developing and conducting targeted operational evaluations, 

including threat and vulnerability assessments, on the 

information systems; and

(7) other actions as the Director or the Secretary, in consultation with the 

Director, may determine necessary to carry out this subsection.

(c) REPORT.—Not later than March 1 of each year, the Director, in consultation 

with the Secretary, shall submit to Congress a report on the effectiveness of 

information security policies and practices during the preceding year, 

including—

(1) a summary of the incidents described in the annual reports required to 

be submitted under section 3554(c)(1), including a summary of the 

information required under section 3554(c)(1)(A)(iii);

(2) a description of the threshold for reporting major information security 

incidents;

(3) a summary of the results of evaluations required to be performed 

under section 3555;

(4) an assessment of agency compliance with standards promulgated 

under section 11331 of title 40; and

(5) an assessment of agency compliance with data breach notification 

policies and procedures issued by the Director.

(d) NATIONAL SECURITY SYSTEMS.—Except for the authorities and functions 

described in subsection (a)(5) and subsection (c), the authorities and functions of 

the Director and the Secretary under this section shall not apply to national 

security systems.

(e) DEPARTMENT OF DEFENSE AND INTELLIGENCE COMMUNITY SYSTEMS.—

(1) The authorities of the Director described in paragraphs (1) and (2) of 

subsection (a) shall be delegated to the Secretary of Defense in the case 

of systems described in paragraph (2) and to the Director of National 

Intelligence in the case of systems described in paragraph (3).

(2) The systems described in this paragraph are systems that are operated 

by the Department of Defense, a contractor of the Department of 

Defense, or another entity on behalf of the Department of Defense that 

processes any information the unauthorized access, use, disclosure, 

disruption, modification, or destruction of which would have a 

debilitating impact on the mission of the Department of Defense.

(3) The systems described in this paragraph are systems that are operated 

by an element of the intelligence community, a contractor of an element 

of the intelligence community, or another entity on behalf of an element 

of the intelligence community that processes any information the 
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

627

unauthorized access, use, disclosure, disruption, modification, or 

destruction of which would have a debilitating impact on the mission of 

an element of the intelligence community.

(f) CONSIDERATION.—

(1) IN GENERAL.—In carrying out the responsibilities under subsection 

(b), the Secretary shall consider any applicable standards or guidelines 

developed by the National Institute of Standards and Technology and 

issued by the Secretary of Commerce under section 11331 of title 40.

(2) DIRECTIVES.—The Secretary shall—

(A) consult with the Director of the National Institute of 

Standards and Technology regarding any binding operational 

directive that implements standards and guidelines developed by 

the National Institute of Standards and Technology; and

(B) ensure that binding operational directives issued under 

subsection (b)(2) do not conflict with the standards and 

guidelines issued under section 11331 of title 40.

(3) RULE OF CONSTRUCTION. —Nothing in this subchapter shall be 

construed as authorizing the Secretary to direct the Secretary of 

Commerce in the development and promulgation of standards and 

guidelines under section 11331 of title 40.

(g) EXERCISE OF AUTHORITY.—To ensure fiscal and policy consistency, the 

Secretary shall exercise the authority under this section subject to direction by the 

President, in coordination with the Director.

(h) DIRECTION TO AGENCIES.—

(1) AUTHORITY.—

(A) IN GENERAL.—Subject to subparagraph (B), in response to a 

known or reasonably suspected information security threat, 

vulnerability, or incident that represents a substantial threat to 

the information security of an agency, the Secretary may issue an 

emergency directive to the head of an agency to take any lawful 

action with respect to the operation of the information system, 

including such systems used or operated by another entity on 

behalf of an agency, that collects, processes, stores, transmits, 

disseminates, or otherwise maintains agency information, for the 

purpose of protecting the information system from, or mitigating, 

an information security threat.

(B) EXCEPTION.—The authorities of the Secretary under this 

subsection shall not apply to a system described subsection (d) or 

to a system described in paragraph (2) or (3) of subsection (e).
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

628

(2) PROCEDURES FOR USE OF AUTHORITY.—The Secretary shall—

(A) in coordination with the Director, and in consultation with 

Federal contractors as appropriate, establish procedures 

governing the circumstances under which a directive may be 

issued under this subsection, which shall include—

(i) thresholds and other criteria;

(ii) privacy and civil liberties protections; and

(iii) providing notice to potentially affected third parties;

(B) specify the reasons for the required action and the duration 

of the directive;

(C) minimize the impact of a directive under this subsection 

by—

(i) adopting the least intrusive means possible under the 

circumstances to secure the agency information systems; 

and

(ii) limiting directives to the shortest period practicable;

(D) notify the Director and the head of any affected agency 

immediately upon the issuance of a directive under this 

subsection;

(E) consult with the Director of the National Institute of 

Standards and Technology regarding any directive under this 

subsection that implements standards and guidelines developed 

by the National Institute of Standards and Technology;

(F) ensure that directives issued under this subsection do not 

conflict with the standards and guidelines issued under section 

11331 of title 40;

(G) consider any applicable standards or guidelines developed by 

the National Institute of Standards and Technology issued by the 

Secretary of Commerce under section 11331 of title 40; and

(H) not later than February 1 of each year, submit to the 

appropriate congressional committees a report regarding the 

specific actions the Secretary has taken pursuant to paragraph 

(1)(A).

(3) IMMINENT THREATS.—

(A) IN GENERAL.—Notwithstanding section 3554, the Secretary 

may authorize the use under this subsection of the intrusion 

detection and prevention capabilities established under section 

230(b)(1) of the Homeland Security Act of 2002 for the purpose 

of ensuring the security of agency information systems, if—

(i) the Secretary determines there is an imminent threat 

to agency information systems;
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

629

(ii) the Secretary determines a directive under subsection 

(b)(2)(C) or paragraph (1)(A) is not reasonably likely to 

result in a timely response to the threat;

(iii) the Secretary determines the risk posed by the 

imminent threat outweighs any adverse consequences 

reasonably expected to result from the use of the 

intrusion detection and prevention capabilities under the 

control of the Secretary;

(iv) the Secretary provides prior notice to the Director, 

and the head and chief information officer (or equivalent 

official) of each agency to which specific actions will be 

taken pursuant to this paragraph, and notifies the 

appropriate congressional committees and authorizing 

committees of each such agency within 7 days of taking 

an action under this paragraph of—

(I) any action taken under this paragraph; and

(II) the reasons for and duration and nature of 

the action;

(v) the action of the Secretary is consistent with 

applicable law; and

(vi) the Secretary authorizes the use of the intrusion 

detection and prevention capabilities in accordance with 

the advance procedures established under subparagraph 

(C).

(B) LIMITATION ON DELEGATION.—The authority under this 

paragraph may not be delegated by the Secretary.

(C) ADVANCE PROCEDURES.—The Secretary shall, in 

coordination with the Director, and in consultation with the 

heads of Federal agencies, establish procedures governing the 

circumstances under which the Secretary may authorize the use 

of the intrusion detection and prevention capabilities under 

subparagraph (A). The Secretary shall submit the procedures to 

Congress.

(4) LIMITATION.—The Secretary may direct or authorize lawful action or 

the use of the intrusion detection and prevention capabilities under this 

subsection only to—

(A) protect agency information from unauthorized access, use, 

disclosure, disruption, modification, or destruction; or

(B) require the remediation of or protect against identified 

information security risks with respect to—
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

630

(i) information collected or maintained by or on behalf 

of an agency; or

(ii) that portion of an information system used or 

operated by an agency or by a contractor of an agency or 

other organization on behalf of an agency.

(i) ANNUAL REPORT TO CONGRESS.—Not later than February 1 of each year, the 

Director and the Secretary shall submit to the appropriate congressional 

committees a report regarding the specific actions the Director and the Secretary 

have taken pursuant to subsection (a)(5), including any actions taken pursuant to 

section 11303(b)(5) of title 40.

(j) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the 

term “appropriate congressional committees” means—

(1) the Committee on Appropriations and the Committee on Homeland 

Security and Governmental Affairs of the Senate; and

(2) the Committee on Appropriations, the Committee on Homeland 

Security, the Committee on Oversight and Government Reform, and the 

Committee on Science, Space, and Technology of the House of 

Representatives.

FEDERAL AGENCY RESPONSIBILITIES

SEC. 3554.

(a) IN GENERAL.—The head of each agency shall—

(1) be responsible for—

(A) providing information security protections commensurate 

with the risk and magnitude of the harm resulting from 

unauthorized access, use, disclosure, disruption, modification, or 

destruction of—

(i) information collected or maintained by or on behalf 

of the agency; and

(ii) information systems used or operated by an agency 

or by a contractor of an agency or other organization on 

behalf of an agency;

(B) complying with the requirements of this subchapter and 

related policies, procedures, standards, and guidelines, 

including—

(i) information security standards promulgated under 

section 11331 of title 40;

(ii) operational directives developed by the Secretary 

under section 3553(b);

(iii) policies and procedures issued by the Director; 
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

631

(iv) information security standards and guidelines for 

national security systems issued in accordance with law 

and as directed by the President; and

(v) emergency directives issued by the Secretary under 

section 3553(h); and

(C) ensuring that information security management processes are 

integrated with agency strategic, operational, and budgetary 

planning processes;

(2) ensure that senior agency officials provide information security for 

the information and information systems that support the operations and 

assets under their control, including through—

(A) assessing the risk and magnitude of the harm that could 

result from the unauthorized access, use, disclosure, disruption, 

modification, or destruction of such information or information 

systems;

(B) determining the levels of information security appropriate to 

protect such information and information systems in accordance 

with standards promulgated under section 11331 of title 40, for 

information security classifications and related requirements;

(C) implementing policies and procedures to cost-effectively 

reduce risks to an acceptable level; and

(D) periodically testing and evaluating information security 

controls and techniques to ensure that they are effectively 

implemented;

(3) delegate to the agency Chief Information Officer established under 

section 3506 (or comparable official in an agency not covered by such 

section) the authority to ensure compliance with the requirements 

imposed on the agency under this subchapter, including—

(A) designating a senior agency information security officer who 

shall—

(i) carry out the Chief Information Officer’s 

responsibilities under this section;

(ii) possess professional qualifications, including 

training and experience, required to administer the 

functions described under this section;

(iii) have information security duties as that official’s 

primary duty; and

(iv) head an office with the mission and resources to 

assist in ensuring agency compliance with this section;

(B) developing and maintaining an agencywide information 

security program as required by subsection (b);
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

632

(C) developing and maintaining information security policies, 

procedures, and control techniques to address all applicable 

requirements, including those issued under section 3553 of this 

title and section 11331 of title 40;

(D) training and overseeing personnel with significant 

responsibilities for information security with respect to such 

responsibilities; and

(E) assisting senior agency officials concerning their 

responsibilities under paragraph (2);

(4) ensure that the agency has trained personnel sufficient to assist the 

agency in complying with the requirements of this subchapter and related 

policies, procedures, standards, and guidelines;

(5) ensure that the agency Chief Information Officer, in coordination 

with other senior agency officials, reports annually to the agency head on 

the effectiveness of the agency information security program, including 

progress of remedial actions;

(6) ensure that senior agency officials, including chief information 

officers of component agencies or equivalent officials, carry out 

responsibilities under this subchapter as directed by the official delegated 

authority under paragraph (3); and

(7) ensure that all personnel are held accountable for complying with the 

agency-wide information security program implemented under 

subsection (b).

(b) AGENCY PROGRAM.—Each agency shall develop, document, and implement 

an agency-wide information security program to provide information security for 

the information and information systems that support the operations and assets of 

the agency, including those provided or managed by another agency, contractor, 

or other source, that includes—

(1) periodic assessments of the risk and magnitude of the harm that could 

result from the unauthorized access, use, disclosure, disruption, 

modification, or destruction of information and information systems that 

support the operations and assets of the agency, which may include using 

automated tools consistent with standards and guidelines promulgated 

under section 11331 of title 40;

(2) policies and procedures that—

(A) are based on the risk assessments required by paragraph (1);

(B) cost-effectively reduce information security risks to an 

acceptable level;

(C) ensure that information security is addressed throughout the 

life cycle of each agency information system; and
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

633

(D) ensure compliance with—

(i) the requirements of this subchapter;

(ii) policies and procedures as may be prescribed by the 

Director, and information security standards 

promulgated under section 11331 of title 40;

(iii) minimally acceptable system configuration 

requirements, as determined by the agency; and

(iv) any other applicable requirements, including 

standards and guidelines for national security systems 

issued in accordance with law and as directed by the 

President;

(3) subordinate plans for providing adequate information security for 

networks, facilities, and systems or groups of information systems, as 

appropriate;

(4) security awareness training to inform personnel, including contractors 

and other users of information systems that support the operations and 

assets of the agency, of—

(A) information security risks associated with their activities; 

and

(B) their responsibilities in complying with agency policies and 

procedures designed to reduce these risks;

(5) periodic testing and evaluation of the effectiveness of information 

security policies, procedures, and practices, to be performed with a 

frequency depending on risk, but no less than annually, of which such 

testing—

(A) shall include testing of management, operational, and 

technical controls of every information system identified in the 

inventory required under section 3505(c);

(B) may include testing relied on in an evaluation under section 

3555; and

(C) shall include using automated tools, consistent with 

standards and guidelines promulgated under section 11331 of 

title 40;

(6) a process for planning, implementing, evaluating, and documenting 

remedial action to address any deficiencies in the information security 

policies, procedures, and practices of the agency;

(7) procedures for detecting, reporting, and responding to security 

incidents, which—

(A) shall be consistent with the standards and guidelines 

described in section 3556(b);

(B) may include using automated tools; and
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

634

(C) shall include—

(i) mitigating risks associated with such incidents before 

substantial damage is done;

(ii) notifying and consulting with the Federal 

information security incident center established in 

section 3556; and

(iii) notifying and consulting with, as appropriate—

(I) law enforcement agencies and relevant 

Offices of Inspector General and Offices of 

General Counsel;

(II) an office designated by the President for any 

incident involving a national security system;

(III) for a major incident, the committees of 

Congress described in subsection (c)(1)—

(aa) not later than 7 days after the date 

on which there is a reasonable basis to 

conclude that the major incident has 

occurred; and

(bb) after the initial notification under 

item (aa), within a reasonable period of 

time after additional information 

relating to the incident is discovered, 

including the summary required under 

subsection (c)(1)(A)(i); and

(IV) any other agency or office, in accordance 

with law or as directed by the President; and

(8) plans and procedures to ensure continuity of operations for 

information systems that support the operations and assets of the agency.

(c) AGENCY REPORTING.—

(1) ANNUAL REPORT.—

(A) IN GENERAL.—Each agency shall submit to the Director, the 

Secretary, the Committee on Government Reform, the 

Committee on Homeland Security, and the Committee on 

Science of the House of Representatives, the Committee on 

Homeland Security and Governmental Affairs and the 

Committee on Commerce, Science, and Transportation of the 

Senate, the appropriate authorization and appropriations 

committees of Congress, and the Comptroller General a report 

on the adequacy and effectiveness of information security 

policies, procedures, and practices, including—
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

635

(i) a description of each major information security 

incident or related sets of incidents, including summaries 

of—

(I) the threats and threat actors, vulnerabilities, 

and impacts relating to the incident;

(II) the risk assessments conducted under section 

3554(a)(2)(A) of the affected information 

systems before the date on which the incident 

occurred;

(III) the status of compliance of the affected 

information systems with applicable security 

requirements at the time of the incident; and

(IV) the detection, response, and remediation 

actions;

(ii) the total number of information security incidents, 

including a description of incidents resulting in 

significant compromise of information security, system 

impact levels, types of incident, and locations of affected 

systems;

(iii) a description of each major information security 

incident that involved a breach of personally identifiable 

information, as defined by the Director, including—

(I) the number of individuals whose information 

was affected by the major information security 

incident; and

(II) a description of the information that was 

breached or exposed; and

(iv) any other information as the Director or the 

Secretary, in consultation with the Director, may 

require.

(B) UNCLASSIFIED REPORT.—

(i) In general.—Each report submitted under 

subparagraph (A) shall be in unclassified form, but may 

include a classified annex.

(ii) Access to information.—The head of an agency shall 

ensure that, to the greatest extent practicable, 

information is included in the unclassified version of the 

reports submitted by the agency under subparagraph (A).

(2) OTHER PLANS AND REPORTS.—Each agency shall address the 

adequacy and effectiveness of information security policies, procedures, 

and practices in management plans and reports.
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

636

(d) PERFORMANCE PLAN.—(1) In addition to the requirements of subsection (c), 

each agency, in consultation with the Director, shall include as part of the 

performance plan required under section 1115 of title 31 a description of—

(A) the time periods; and

(B) the resources, including budget, staffing, and training, that 

are necessary to implement the program required under 

subsection (b).

(2) The description under paragraph (1) shall be based on the risk 

assessments required under subsection (b)(1).

(e) PUBLIC NOTICE AND COMMENT.—Each agency shall provide the public with 

timely notice and opportunities for comment on proposed information security 

policies and procedures to the extent that such policies and procedures affect 

communication with the public.

ANNUAL INDEPENDENT EVALUATION

SEC. 3555.

(a) IN GENERAL.—

(1) Each year each agency shall have performed an independent 

evaluation of the information security program and practices of that 

agency to determine the effectiveness of such program and practices.

(2) Each evaluation under this section shall include—

(A) testing of the effectiveness of information security policies, 

procedures, and practices of a representative subset of the 

agency’s information systems;

(B) an assessment of the effectiveness of the information 

security policies, procedures, and practices of the agency; and

(C) separate presentations, as appropriate, regarding information 

security relating to national security systems.

(b) INDEPENDENT AUDITOR.—Subject to subsection (c)—

(1) for each agency with an Inspector General appointed under the 

Inspector General Act of 1978, the annual evaluation required by this 

section shall be performed by the Inspector General or by an independent 

external auditor, as determined by the Inspector General of the agency; 

and

(2) for each agency to which paragraph (1) does not apply, the head of 

the agency shall engage an independent external auditor to perform the 

evaluation.

(c) NATIONAL SECURITY SYSTEMS.—For each agency operating or exercising 

control of a national security system, that portion of the evaluation required by 

this section directly relating to a national security system shall be performed—
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

637

(1) only by an entity designated by the agency head; and

(2) in such a manner as to ensure appropriate protection for information 

associated with any information security vulnerability in such system 

commensurate with the risk and in accordance with all applicable laws.

(d) EXISTING EVALUATIONS.—The evaluation required by this section may be 

based in whole or in part on an audit, evaluation, or report relating to programs or 

practices of the applicable agency.

(e) AGENCY REPORTING.—

(1) Each year, not later than such date established by the Director, the 

head of each agency shall submit to the Director the results of the 

evaluation required under this section.

(2) To the extent an evaluation required under this section directly relates 

to a national security system, the evaluation results submitted to the 

Director shall contain only a summary and assessment of that portion of 

the evaluation directly relating to a national security system.

(f) PROTECTION OF INFORMATION.—Agencies and evaluators shall take 

appropriate steps to ensure the protection of information which, if disclosed, may 

adversely affect information security. Such protections shall be commensurate 

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 evaluations conducted 

under this section in the report to Congress required under section 

3553(c).

(2) The Director’s report to Congress under this subsection shall 

summarize information regarding information security relating to 

national security systems in such a manner as to ensure appropriate 

protection for information associated with any information security 

vulnerability in such system commensurate with the risk and in 

accordance with all applicable laws.

(3) Evaluations and any other descriptions of information systems under 

the authority and control of the Director of National Intelligence or of 

National Foreign Intelligence Programs systems under the authority and 

control of the Secretary of Defense shall be made available to Congress 

only through the appropriate oversight committees of Congress, in 

accordance with applicable laws.

(h) COMPTROLLER GENERAL.—The Comptroller General shall periodically 

evaluate and report to Congress on—

(1) the adequacy and effectiveness of agency information security 

policies and practices; and

(2) implementation of the requirements of this subchapter.
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

638

(i) ASSESSMENT TECHNICAL ASSISTANCE.—The Comptroller General may 

provide technical assistance to an Inspector General or the head of an agency, as 

applicable, to assist the Inspector General or head of an agency in carrying out 

the duties under this section, including by testing information security controls 

and procedures.

(j) GUIDANCE.—The Director, in consultation with the Secretary, the Chief 

Information Officers Council established under section 3603, the Council of the 

Inspectors General on Integrity and Efficiency, and other interested parties as 

appropriate, shall ensure the development of guidance for evaluating the 

effectiveness of an information security program and practices.

FEDERAL INFORMATION SECURITY INCIDENT CENTER

SEC. 3556.

(a) IN GENERAL.—The Secretary shall ensure the operation of a central Federal 

information security incident center to—

(1) provide timely technical assistance to operators of agency 

information systems regarding security incidents, including guidance on 

detecting and handling information security incidents;

(2) compile and analyze information about incidents that threaten 

information security;

(3) inform operators of agency information systems about current and 

potential information security threats, and vulnerabilities;

(4) provide, as appropriate, intelligence and other information about 

cyber threats, vulnerabilities, and incidents to agencies to assist in risk 

assessments conducted under section 3554(b); and

(5) consult with the National Institute of Standards and Technology, 

agencies or offices operating or exercising control of national security 

systems (including the National Security Agency), and such other 

agencies or offices in accordance with law and as directed by the 

President regarding information security incidents and related matters.

(b) NATIONAL SECURITY SYSTEMS.—Each agency operating or exercising 

control of a national security system shall share information about information 

security incidents, threats, and vulnerabilities with the Federal information 

security incident center to the extent consistent with standards and guidelines for 

national security systems, issued in accordance with law and as directed by the 

President.
FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014

639

NATIONAL SECURITY SYSTEMS

SEC. 3557.

The head of each agency operating or exercising control of a national security 

system shall be responsible for ensuring that the agency—

(1) provides information security protections commensurate with the risk 

and magnitude of the harm resulting from the unauthorized access, use, 

disclosure, disruption, modification, or destruction of the information 

contained in such system;

(2) implements information security policies and practices as required by 

standards and guidelines for national security systems, issued in 

accordance with law and as directed by the President; and

(3) complies with the requirements of this subchapter.

EFFECT ON EXISTING LAW

SEC. 3558.

Nothing in this subchapter, section 11331 of title 40, or section 20 of the National 

Standards and Technology Act (15 U.S.C. 278g–3) may be construed as affecting 

the authority of the President, the Office of Management and Budget or the 

Director thereof, the National Institute of Standards and Technology, or the head 

of any agency, with respect to the authorized use or disclosure of information, 

including with regard to the protection of personal privacy under section 552a of 

title 5, the disclosure of information under section 552 of title 5, the management 

and disposition of records under chapters 29, 31, or 33 of title 44, the 

management of information resources under subchapter I of chapter 35 of this 

title, or the disclosure of information to the Congress or the Comptroller General 

of the United States.
TITLE 40, RESPONSIBILITIES FOR FEDERAL INFORMATION SYSTEMS STANDARDS

640

TITLE 40, CHAPTER 113, UNITED STATES CODE, 

RESPONSIBILITIES FOR FEDERAL INFORMATION 

SYSTEMS STANDARDS

SEC. 11331. 

(a) DEFINITION.—In this section, the term “information security” has the 

meaning given that term in section 3532(b)(1) of title 44.

(b) REQUIREMENT TO PRESCRIBE STANDARDS.—

(1) IN GENERAL.—

(A) REQUIREMENT.—Except as provided under paragraph (2), 

the Director of the Office of Management and Budget shall, on 

the basis of proposed standards developed by the National 

Institute of Standards and Technology pursuant to paragraphs (2) 

and (3) of section 20(a) of the National Institute of Standards and 

Technology Act (15 U.S.C. 278g-3(a)) and in consultation with 

the Secretary of Homeland Security, promulgate information 

security standards pertaining to Federal information systems.

(B) REQUIRED STANDARDS.—Standards promulgated under 

subparagraph (A) shall include—

(i) standards that provide minimum information security 

requirements as determined under section 20(b) of the 

National Institute of Standards and Technology Act (15 

U.S.C. 278g-3(b)); and 

(ii) such standards that are otherwise necessary to 

improve the efficiency of operation or security of 

Federal information systems.

(C) REQUIRED STANDARDS BINDING.—Information security 

standards described under subparagraph (B) shall be compulsory 

and binding.

(2) STANDARDS AND GUIDELINES FOR NATIONAL SECURITY 

SYSTEMS.—Standards and guidelines for national security systems, as 

defined under section 3532(3) of title 44, shall be developed, 

promulgated, enforced, and overseen as otherwise authorized by law and 

as directed by the President.

(c) APPLICATION OF MORE STRINGENT STANDARDS.—The head of an agency 

may employ standards for the cost-effective information security for all 

operations and assets within or under the supervision of that agency that are more 

stringent than the standards promulgated by the Director under this section, if 

such standards—
TITLE 40, RESPONSIBILITIES FOR FEDERAL INFORMATION SYSTEMS STANDARDS

641

(1) contain, at a minimum, the provisions of those applicable standards 

made compulsory and binding by the Director; and

(2) are otherwise consistent with policies and guidelines issued under 

section 3533 of title 44.

(d) REQUIREMENTS REGARDING DECISIONS BY DIRECTOR.—

(1) DEADLINE.—The decision regarding the promulgation of any 

standard by the Director under subsection (b) shall occur not later than 6 

months after the submission of the proposed standard to the Director by 

the National Institute of Standards and Technology, as provided under 

section 20 of the National Institute of Standards and Technology Act (15 

U.S.C. 278g-3).

(2) NOTICE AND COMMENT.—A decision by the Director to significantly 

modify, or not promulgate a proposed standard submitted to the Director 

by the National Institute of Standards and Technology, as provided under 

section 20 of the National Institute of Standards and Technology Act (15 

U.S.C. 278g-3), shall be made after the public is given an opportunity to 

comment on the Director’s proposed decision.
WAR CRIMES ACT OF 1996

642

WAR CRIMES ACT OF 1996

[Public Law 104-192; 110 Stat. 2104; August 21, 1996]

AN ACT to amend title 18, United States Code, to carry out the international 

obligations of the United States under the Geneva Conventions to provide 

criminal penalties for certain war crimes.

Be it enacted by the Senate and House of Representatives for the United States of 

America in Congress assembled,

SHORT TITLE

SECTION. 1. This Act may be cited as the “War Crimes Act of 1996”.

CRIMINAL PENALTIES FOR CERTAIN WAR CRIMES

SEC. 2. [Amending 18 U.S.C. § 2441 to read as follows:]

WAR CRIMES

SEC. 2441.

1

(a) OFFENSE.—Whoever, whether inside or outside the United States, commits a 

war crime, in any of the circumstances described in subsection (b), shall be fined 

under this title or imprisoned for life or any term of years, or both, and if death 

results to the victim, shall also be subject to the penalty of death. 

(b) CIRCUMSTANCES.—The circumstances referred to in subsection (a) are that 

the person committing such war crime or the victim of such war crime is a 

member of the Armed Forces of the United States or a national of the United 

States (as defined in section 101 of the Immigration and Nationality Act). 

(c) DEFINITION.—As used in this section the term “war crime” means any 

conduct—

(1) defined as a grave breach in any of the international conventions 

signed at Geneva 12 August 1949, or any protocol to such convention to 

which the United States is a party; 

(2) prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague 

Convention IV, Respecting the Laws and Customs of War on Land, 

signed 18 October 1907; 

 1 Including amendments to 18 U.S.C. § 2441 made by other Acts.
WAR CRIMES ACT OF 1996

643

(3) which constitutes a grave breach of common Article 3 (as defined in 

subsection (d)) when committed in the context of and in association with 

an armed conflict not of an international character; or 

(4) of a person who, in relation to an armed conflict and contrary to the 

provisions of the Protocol on Prohibitions or Restrictions on the Use of 

Mines, Booby-Traps and Other Devices as amended at Geneva on 3 May 

1996 (Protocol II as amended on 3 May 1996), when the United States is 

a party to such Protocol, willfully kills or causes serious injury to 

civilians. 

(d) COMMON ARTICLE 3 VIOLATIONS.—

(1) PROHIBITED CONDUCT.—In subsection (c)(3), the term “grave breach 

of common Article 3” means any conduct (such conduct constituting a 

grave breach of common Article 3 of the international conventions done 

at Geneva August 12, 1949), as follows: 

(A) TORTURE.—The act of a person who commits, or conspires 

or attempts to commit, an act specifically intended to inflict 

severe physical or mental pain or suffering (other than pain or 

suffering incidental to lawful sanctions) upon another person 

within his custody or physical control for the purpose of 

obtaining information or a confession, punishment, intimidation, 

coercion, or any reason based on discrimination of any kind. 

(B) CRUEL OR INHUMAN TREATMENT.—The act of a person who 

commits, or conspires or attempts to commit, an act intended to 

inflict severe or serious physical or mental pain or suffering 

(other than pain or suffering incidental to lawful sanctions), 

including serious physical abuse, upon another within his 

custody or control. 

(C) PERFORMING BIOLOGICAL EXPERIMENTS.—The act of a 

person who subjects, or conspires or attempts to subject, one or 

more persons within his custody or physical control to biological 

experiments without a legitimate medical or dental purpose and 

in so doing endangers the body or health of such person or 

persons. 

(D) MURDER.—The act of a person who intentionally kills, or 

conspires or attempts to kill, or kills whether intentionally or 

unintentionally in the course of committing any other offense 

under this subsection, one or more persons taking no active part 

in the hostilities, including those placed out of combat by 

sickness, wounds, detention, or any other cause. 

(E) MUTILATION OR MAIMING.—The act of a person who 

intentionally injures, or conspires or attempts to injure, or injures 
WAR CRIMES ACT OF 1996

644

whether intentionally or unintentionally in the course of 

committing any other offense under this subsection, one or more 

persons taking no active part in the hostilities, including those 

placed out of combat by sickness, wounds, detention, or any 

other cause, by disfiguring the person or persons by any 

mutilation thereof or by permanently disabling any member, 

limb, or organ of his body, without any legitimate medical or 

dental purpose. 

(F) INTENTIONALLY CAUSING SERIOUS BODILY INJURY.—The 

act of a person who intentionally causes, or conspires or attempts 

to cause, serious bodily injury to one or more persons, including 

lawful combatants, in violation of the law of war. 

(G) RAPE.—The act of a person who forcibly or with coercion or 

threat of force wrongfully invades, or conspires or attempts to 

invade, the body of a person by penetrating, however slightly, 

the anal or genital opening of the victim with any part of the 

body of the accused, or with any foreign object. 

(H) SEXUAL ASSAULT OR ABUSE.—The act of a person who 

forcibly or with coercion or threat of force engages, or conspires 

or attempts to engage, in sexual contact with one or more 

persons, or causes, or conspires or attempts to cause, one or more 

persons to engage in sexual contact. 

(I) TAKING HOSTAGES.—The act of a person who, having 

knowingly seized or detained one or more persons, threatens to 

kill, injure, or continue to detain such person or persons with the 

intent of compelling any nation, person other than the hostage, or 

group of persons to act or refrain from acting as an explicit or 

implicit condition for the safety or release of such person or 

persons. 

(2) DEFINITIONS.—In the case of an offense under subsection (a) by 

reason of subsection (c)(3)—

(A) the term “severe mental pain or suffering” shall be applied 

for purposes of paragraphs (1)(A) and (1)(B) in accordance with 

the meaning given that term in section 2340(2) of this title; 

(B) the term “serious bodily injury” shall be applied for purposes 

of paragraph (1)(F) in accordance with the meaning given that 

term in section 113(b)(2) of this title; 

(C) the term “sexual contact” shall be applied for purposes of 

paragraph (1)(G) in accordance with the meaning given that term 

in section 2246(3) of this title; 
WAR CRIMES ACT OF 1996

645

(D) the term “serious physical pain or suffering” shall be applied 

for purposes of paragraph (1)(B) as meaning bodily injury that 

involves—

(i) a substantial risk of death; 

(ii) extreme physical pain; 

(iii) a burn or physical disfigurement of a serious nature 

(other than cuts, abrasions, or bruises); or 

(iv) significant loss or impairment of the function of a 

bodily member, organ, or mental faculty; and 

(E) the term “serious mental pain or suffering” shall be applied 

for purposes of paragraph (1)(B) in accordance with the meaning 

given the term “severe mental pain or suffering” (as defined in 

section 2340(2) of this title), except that—

(i) the term “serious” shall replace the term “severe”

where it appears; and 

(ii) as to conduct occurring after the date of the 

enactment of the Military Commissions Act of 2006, the 

term “serious and non-transitory mental harm (which 

need not be prolonged)” shall replace the term 

“prolonged mental harm” where it appears. 

(3) INAPPLICABILITY OF CERTAIN PROVISIONS WITH RESPECT TO 

COLLATERAL DAMAGE OR INCIDENT OF LAWFUL ATTACK.—The intent 

specified for the conduct stated in subparagraphs (D), (E), and (F) or 

paragraph (1) precludes the applicability of those subparagraphs to an 

offense under subsection (a) by reasons of subsection (c)(3) with respect 

to—

(A) collateral damage; or 

(B) death, damage, or injury incident to a lawful attack. 

(4) INAPPLICABILITY OF TAKING HOSTAGES TO PRISONER EXCHANGE.—

Paragraph (1)(I) does not apply to an offense under subsection (a) by 

reason of subsection (c)(3) in the case of a prisoner exchange during 

wartime.

(5) DEFINITION OF GRAVE BREACHES.—The definitions in this 

subsection are intended only to define the grave breaches of common 

Article 3 and not the full scope of United States obligations under that 

Article. 
INTERCEPTION OF WIRE, ELECTRONIC AND ORAL COMMUNICATIONS

646

INTERCEPTION AND DISCLOSURE OF WIRE, ORAL OR

ELECTRONIC COMMUNICATIONS PROHIBITED

CHAPTER 119 OF TITLE 18, UNITED STATES CODE

SEC. 2511.

(1) Except as otherwise specifically provided in this chapter any person who—

(a) intentionally intercepts, endeavors to intercept, or procures any other 

person to intercept or endeavor to intercept, any wire, oral, or electronic 

communication;

(b) intentionally uses, endeavors to use, or procures any other person to 

use or endeavor to use any electronic, mechanical, or other device to 

intercept any oral communication when—

(i) such device is affixed to, or otherwise transmits a signal 

through, a wire, cable, or other like connection used in wire 

communication; or

(ii) such device transmits communications by radio, or interferes 

with the transmission of such communication; or

(iii) such person knows, or has reason to know, that such device 

or any component thereof has been sent through the mail or 

transported in interstate or foreign commerce; or

(iv) such use or endeavor to use (A) takes place on the premises 

of any business or other commercial establishment the operations 

of which affect interstate or foreign commerce; or (B) obtains or 

is for the purpose of obtaining information relating to the 

operations of any business or other commercial establishment the 

operations of which affect interstate or foreign commerce; or

(v) such person acts in the District of Columbia, the 

Commonwealth of Puerto Rico, or any territory or possession of 

the United States;

(c) intentionally discloses, or endeavors to disclose, to any other person 

the contents of any wire, oral, or electronic communication, knowing or 

having reason to know that the information was obtained through the 

interception of a wire, oral, or electronic communication in violation of 

this subsection;

(d) intentionally uses, or endeavors to use, the contents of any wire, oral, 

or electronic communication, knowing or having reason to know that the

information was obtained through the interception of a wire, oral, or 

electronic communication in violation of this subsection; or

(e)(i) intentionally discloses, or endeavors to disclose, to any other 

person the contents of any wire, oral, or electronic communication, 
INTERCEPTION OF WIRE, ELECTRONIC AND ORAL COMMUNICATIONS

647

intercepted by means authorized by sections 2511(2)(a)(ii), 2511(2)(b)-

(c), 2511(2)(e), 2516, and 2518 of this chapter,

(ii) knowing or having reason to know that the information was 

obtained through the interception of such a communication in 

connection with a criminal investigation,

(iii) having obtained or received the information in connection 

with a criminal investigation, and 

(iv) with intent to improperly obstruct, impede, or interfere with 

a duly authorized criminal investigation,

shall be punished as provided in subsection (4) or shall be subject to suit 

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 electronic 

communication service, whose facilities are used in the transmission of a wire or 

electronic communication, to intercept, disclose, or use that communication in 

the normal course of his employment while engaged in any activity which is a 

necessary incident to the rendition of his service or to the protection of the rights 

or property of the provider of that service, except that a provider of wire 

communication service to the public shall not utilize service observing or random 

monitoring except for mechanical or service quality control checks.

(ii) Notwithstanding any other law, providers of wire or 

electronic communication service, their officers, employees, and 

agents, landlords, custodians, or other persons, are authorized to 

provide information, facilities, or technical assistance to persons 

authorized by law to intercept wire, oral, or electronic 

communications or to conduct electronic surveillance, as defined 

in section 101 of the Foreign Intelligence Surveillance Act of 

1978, if such provider, its officers, employees, or agents, 

landlord, custodian, or other specified person, has been provided 

with—

(A) a court order directing such assistance or a court 

order pursuant to section 704 of the Foreign Intelligence 

Surveillance Act of 1978 signed by the authorizing 

judge, or

(B) a certification in writing by a person specified in 

section 2518(7) of this title or the Attorney General of 

the United States that no warrant or court order is

required by law, that all statutory requirements have 

been met, and that the specified assistance is required,

setting forth the period of time during which the provision of the 

information, facilities, or technical assistance is authorized and 
INTERCEPTION OF WIRE, ELECTRONIC AND ORAL COMMUNICATIONS

648

specifying the information, facilities, or technical assistance 

required. No provider of wire or electronic communication 

service, officer, employee, or agent thereof, or landlord, 

custodian, or other specified person shall disclose the existence 

of any interception or surveillance or the device used to 

accomplish the interception or surveillance with respect to which 

the person has been furnished a court order or certification under 

this chapter, except as may otherwise be required by legal 

process and then only after prior notification to the Attorney 

General or to the principal prosecuting attorney of a State or any 

political subdivision of a State, as may be appropriate. Any such 

disclosure, shall render such person liable for the civil damages 

provided for in section 2520. No cause of action shall lie in any 

court against any provider of wire or electronic communication 

service, its officers, employees, or agents, landlord, custodian, or 

other specified person for providing information, facilities, or 

assistance in accordance with the terms of a court order, 

statutory authorization, or certification under this chapter.

(iii) If a certification under subparagraph (ii)(B) for assistance to 

obtain foreign intelligence information is based on statutory 

authority, the certification shall identify the specific statutory 

provision and shall certify that the statutory requirements have 

been met.

(b) It shall not be unlawful under this chapter for an officer, employee, or 

agent of the Federal Communications Commission, in the normal course 

of his employment and in discharge of the monitoring responsibilities 

exercised by the Commission in the enforcement of chapter 5 of title 47 

of the United States Code, to intercept a wire or electronic 

communication, or oral communication transmitted by radio, or to 

disclose or use the information thereby obtained.

(c) It shall not be unlawful under this chapter for a person acting under 

color of law to intercept a wire, oral, or electronic communication, where

such 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 acting 

under color of law to intercept a wire, oral, or electronic communication 

where such person is a party to the communication or where one of the 

parties to the communication has given prior consent to such interception 

unless such communication is intercepted for the purpose of committing 

any criminal or tortious act in violation of the Constitution or laws of the

United States or of any State.
INTERCEPTION OF WIRE, ELECTRONIC AND ORAL COMMUNICATIONS

649

(e) Notwithstanding any other provision of this title or section 705 or 706 

of the Communications Act of 1934, it shall not be unlawful for an 

officer, employee, or agent of the United States in the normal course of 

his official duty to conduct electronic surveillance, as defined in section 

101 of the Foreign Intelligence Surveillance Act of 1978, as authorized 

by that Act.

(f) Nothing contained in this chapter or chapter 121 or 206 of this title, or 

section 705 of the Communications Act of 1934, shall be deemed to 

affect the acquisition by the United States Government of foreign 

intelligence information from international or foreign communications, 

or foreign intelligence activities conducted in accordance with otherwise 

applicable Federal law involving a foreign electronic communications 

system, utilizing a means other than electronic surveillance as defined in 

section 101 of the Foreign Intelligence Surveillance Act of 1978, and 

procedures in this chapter or chapter 121 and the Foreign Intelligence 

Surveillance Act of 1978 shall be the exclusive means by which 

electronic surveillance, as defined in section 101 of such Act, and the 

interception of domestic wire, oral, and electronic communications may 

be conducted.

(g) It shall not be unlawful under this chapter or chapter 121 of this title 

for any person—

(i) to intercept or access an electronic communication made 

through an electronic communication system that is configured 

so that such electronic communication is readily accessible to the 

general public;

(ii) to intercept any radio communication which is transmitted—

(I) by any station for the use of the general public, or 

that relates to ships, aircraft, vehicles, or persons in 

distress;

(II) by any governmental, law enforcement, civil 

defense, private land mobile, or public safety 

communications system, including police and fire, 

readily accessible to the general public;

(III) by a station operating on an authorized frequency 

within the bands allocated to the amateur, citizens band, 

or general mobile radio services; or

(IV) by any marine or aeronautical communications 

system;

(iii) to engage in any conduct which—

(I) is prohibited by section 633 of the Communications 

Act of 1934; or
INTERCEPTION OF WIRE, ELECTRONIC AND ORAL COMMUNICATIONS

650

(II) is excepted from the application of section 705(a) of 

the Communications Act of 1934 by section 705(b) of 

that Act;

(iv) to intercept any wire or electronic communication the 

transmission of which is causing harmful interference to any 

lawfully operating station or consumer electronic equipment, to 

the extent necessary to identify the source of such interference; 

or

(v) for other users of the same frequency to intercept any radio 

communication made through a system that utilizes frequencies 

monitored by individuals engaged in the provision or the use of 

such 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 terms 

are defined for the purposes of chapter 206 (relating to pen 

registers and trap and trace devices) of this title); or

(ii) for a provider of electronic communication service to record 

the fact that a wire or electronic communication was initiated or 

completed in order to protect such provider, another provider 

furnishing service toward the completion of the wire or 

electronic communication, or a user of that service, from 

fraudulent, unlawful or abusive use of such service.

(i) It shall not be unlawful under this chapter for a person acting under 

color of law to intercept the wire or electronic communications of a 

computer trespasser transmitted to, through, or from the protected 

computer, if—

(I) the owner or operator of the protected computer authorizes 

the interception of the computer trespasser’s communications on 

the protected computer;

(II) the person acting under color of law is lawfully engaged in 

an investigation;

(III) the person acting under color of law has reasonable grounds 

to believe that the contents of the computer trespasser’s 

communications will be relevant to the investigation; and

(IV) such interception does not acquire communications other 

than those transmitted to or from the computer trespasser.

(j) It shall not be unlawful under this chapter for a provider of electronic 

communication service to the public or remote computing service to 

intercept or disclose the contents of a wire or electronic communication 

in response to an order from a foreign government that is subject to an 
INTERCEPTION OF WIRE, ELECTRONIC AND ORAL COMMUNICATIONS

651

executive agreement that the Attorney General has determined and 

certified to Congress satisfies section 2523.

(3)(a) Except as provided in paragraph (b) of this subsection, a person or entity 

providing an electronic communication service to the public shall not 

intentionally divulge the contents of any communication (other than one to such 

person or entity, or an agent thereof) while in transmission on that service to any 

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 to the 

public may divulge the contents of any such communication—

(i) as otherwise authorized in section 2511(2)(a) or 2517 of this 

title;

(ii) with the lawful consent of the originator or any addressee or 

intended recipient of such communication;

(iii) to a person employed or authorized, or whose facilities are 

used, to forward such communication to its destination; or

(iv) which were inadvertently obtained by the service provider 

and which appear to pertain to the commission of a crime, if 

such divulgence is made to a law enforcement agency.

(4)(a) Except as provided in paragraph (b) of this subsection or in subsection (5), 

whoever violates subsection (1) of this section shall be fined under this title or 

imprisoned not more than five years, or both.

(b) Conduct otherwise an offense under this subsection that consists of or 

relates to the interception of a satellite transmission that is not encrypted 

or scrambled and that is transmitted—

(i) to a broadcasting station for purposes of retransmission to the 

general public; or

(ii) as an audio subcarrier intended for redistribution to facilities 

open to the public, but not including data transmissions or 

telephone calls,

is not an offense under this subsection unless the conduct is for the 

purposes of direct or indirect commercial advantage or private financial 

gain.

(5)(a)(i) If the communication is—

(A) a private satellite video communication that 

is not scrambled or encrypted and the conduct in 

violation of this chapter is the private viewing of 

that communication and is not for a tortious or 

illegal purpose or for purposes of direct or 

indirect commercial advantage or private 

commercial gain; or
INTERCEPTION OF WIRE, ELECTRONIC AND ORAL COMMUNICATIONS

652

(B) a radio communication that is transmitted on 

frequencies allocated under subpart D of part 74 

of the rules of the Federal Communications 

Commission that is not scrambled or encrypted 

and the conduct in violation of this chapter is not 

for a tortious or illegal purpose or for purposes 

of direct or indirect commercial advantage or 

private commercial gain,

then the person who engages in such conduct shall be 

subject to suit by 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 person under paragraph (a) of 

subsection (4) and such person has not been 

found liable in a civil action under section 2520 

of this title, the Federal Government shall be 

entitled to appropriate injunctive relief; and

(B) if the violation of this chapter is a second or 

subsequent offense under paragraph (a) of 

subsection (4) or such person has been found 

liable in any prior civil action under section 

2520, the person shall be subject to a mandatory 

$500 civil fine.

(b) The court may use any means within its authority to enforce 

an injunction issued under paragraph (ii)(A), and shall impose a 

civil fine of not less than $500 for each violation of such an 

injunction.
FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007

653

FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007

[Section 804 of the Implementing Recommendations of the 

9/11 Commission Act of 2007] 

[Public Law 110-53; 121 STAT. 362; August 3, 2007]

SEC. 804. [42 U.S.C. § 2000ee-3]

(a) SHORT TITLE.—This section may be cited as the “Federal Agency Data 

Mining Reporting Act of 2007”.

(b) DEFINITIONS.—In this section:

(1) DATA MINING.—The term “data mining” means a program involving 

pattern-based queries, searches, or other analyses of 1 or more electronic 

databases, where—

(A) a department or agency of the Federal Government, or a nonFederal entity acting on behalf of the Federal Government, is 

conducting the queries, searches, or other analyses to discover or 

locate a predictive pattern or anomaly indicative of terrorist or 

criminal activity on the part of any individual or individuals;

(B) the queries, searches, or other analyses are not subject-based 

and do not use personal identifiers of a specific individual, or 

inputs associated with a specific individual or group of 

individuals, to retrieve information from the database or 

databases; and

(C) the purpose of the queries, searches, or other analyses is not 

solely—

(i) the detection of fraud, waste, or abuse in a 

Government agency or program; or

(ii) the security of a Government computer system.

(2) DATABASE.—The term “database” does not include telephone 

directories, news reporting, information publicly available to any 

member of the public without payment of a fee, or databases of judicial 

and administrative opinions or other legal research sources.

(c) REPORTS ON DATA MINING ACTIVITIES BY FEDERAL AGENCIES.—

(1) REQUIREMENT FOR REPORT.—The head of each department or 

agency of the Federal Government that is engaged in any activity to use 

or develop data mining shall submit a report to Congress on all such 

activities of the department or agency under the jurisdiction of that 

official. The report shall be produced in coordination with the privacy 

officer of that department or agency, if applicable, and shall be made 

available to the public, except for an annex described in subparagraph 

(C).
FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007

654

(2) CONTENT OF REPORT.—Each report submitted under subparagraph 

(A) shall include, for each activity to use or develop data mining, the 

following information:

(A) A thorough description of the data mining activity, its goals, 

and, where appropriate, the target dates for the deployment of the 

data mining activity.

(B) A thorough description of the data mining technology that is 

being used or will be used, including the basis for determining 

whether a particular pattern or anomaly is indicative of terrorist 

or criminal activity.

(C) A thorough description of the data sources that are being or 

will be used.

(D) An assessment of the efficacy or likely efficacy of the data 

mining activity in providing accurate information consistent with 

and valuable to the stated goals and plans for the use or 

development of the data mining activity.

(E) An assessment of the impact or likely impact of the 

implementation of the data mining activity on the privacy and 

civil liberties of individuals, including a thorough description of 

the actions that are being taken or will be taken with regard to 

the property, privacy, or other rights 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 the 

information being or to be collected, reviewed, gathered, 

analyzed, or used in conjunction with the data mining activity, to 

the extent applicable in the context of the data mining activity.

(G) A thorough discussion of the policies, procedures, and 

guidelines that are in place or that are to be developed and 

applied in the use of such data mining activity in order to—

(i) protect the privacy and due process rights of 

individuals, such as redress procedures; and

(ii) ensure that only accurate and complete information 

is collected, reviewed, gathered, analyzed, or used, and 

guard against any harmful consequences of potential 

inaccuracies.

(3) ANNEX.—

(A) IN GENERAL.—A report under subparagraph (A) shall 

include in an annex any necessary—

(i) classified information;

(ii) law enforcement sensitive information;
FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007

655

(iii) proprietary business information; or

(iv) trade secrets (as that term is defined in section 1839 

of title 18, United States Code).

(B) AVAILABILITY.—Any annex described in clause (i)—

(i) shall be available, as appropriate, and consistent with 

the National Security Act of 1947 (50 U.S.C. 401 et 

seq.), to the Committee on Homeland Security and 

Governmental Affairs, the Committee on the Judiciary, 

the Select Committee on Intelligence, the Committee on 

Appropriations, and the Committee on Banking, 

Housing, and Urban Affairs of the Senate and the 

Committee on Homeland Security, the Committee on the 

Judiciary, the Permanent Select Committee on 

Intelligence, the Committee on Appropriations, and the 

Committee on Financial Services of the House of 

Representatives; and

(ii) shall not be made available to the public.

(4) TIME FOR REPORT.—Each report required under subparagraph (A) 

shall be—

(A) submitted not later than 180 days after the date of enactment 

of this Act; and

(B) updated not less frequently than annually thereafter, to 

include any activity to use or develop data mining engaged in 

after the date of the prior report submitted under subparagraph 

(A).
CYBERSECURITY ACT OF 2015

656

CYBERSECURITY ACT OF 2015[1]

[Division N of the Consolidated Appropriations Act of 2016]

[Public Law 114-113; 129 STAT. 2242; December 18, 2015]

SHORT TITLE; TABLE OF CONTENTS

SEC. 1.

(a) SHORT TITLE.—This division may be cited as the “Cybersecurity Act of 

2015”.

(b) TABLE OF CONTENTS.—The table of contents for this division is as follows:

SEC. 1. Short title; table of contents.

TITLE I—CYBERSECURITY INFORMATION SHARING

SEC. 101. Short title.

SEC. 102. Definitions.

SEC. 103. Sharing of information by the Federal Government.

SEC. 104. Authorizations for preventing, detecting, analyzing, and 

mitigating cybersecurity threats.

SEC. 105. Sharing of cyber threat indicators and defensive measures with 

the Federal Government.

SEC. 106. Protection from liability.

SEC. 107. Oversight of Government activities.

SEC. 108. Construction and preemption.

SEC. 109. Report on cybersecurity threats.

SEC. 110. Exception to limitation on authority of Secretary of Defense to 

disseminate certain information.

SEC. 111. Effective period.

TITLE II—NATIONAL CYBERSECURITY ADVANCEMENT

SUBTITLE B—FEDERAL CYBERSECURITY ENHANCEMENT

SEC. 228. Identification of information systems relating to national 

security.

 1 Only select provisions are included, as reflected in the table of contents excerpt.
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TITLE III—FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT

SEC. 301. Short title.

SEC. 302. Definitions.

SEC. 303. National cybersecurity workforce measurement initiative.

SEC. 304. Identification of cyber-related work roles of critical need.

SEC. 305. Government Accountability Office status reports.

TITLE IV—OTHER CYBER MATTERS

SEC. 406. Federal computer security.

TITLE I—CYBERSECURITY INFORMATION SHARING

SHORT TITLE

SEC. 101.

This title may be cited as the “Cybersecurity Information Sharing Act of 2015”.

DEFINITIONS

SEC. 102. [6 U.S.C. § 1501]

In this title:

(1) AGENCY.—The term “agency” has the meaning given the term in section 

3502 of title 44, United States Code.

(2) ANTITRUST LAWS.—The term “antitrust laws”—

(A) has the meaning given the term in the first section of the Clayton Act 

(15 U.S.C. 12);

(B) includes section 5 of the Federal Trade Commission Act (15 U.S.C. 

45) to the extent that section 5 of that Act applies to unfair methods of 

competition; and

(C) includes any State antitrust law, but only to the extent that such law 

is consistent with the law referred to in subparagraph (A) or the law 

referred to in subparagraph (B).

(3) APPROPRIATE FEDERAL ENTITIES.—The term “appropriate Federal entities”

means the following:

(A) The Department of Commerce.

(B) The Department of Defense.

(C) The Department of Energy.

(D) The Department of Homeland Security.

(E) The Department of Justice.
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(F) The Department of the Treasury.

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

(4) CYBERSECURITY PURPOSE.—The term “cybersecurity purpose” means the 

purpose of protecting an information system or information that is stored on, 

processed by, or transiting an information system from a cybersecurity threat or 

security vulnerability.

(5) CYBERSECURITY THREAT.—

(A) IN GENERAL.—Except as provided in subparagraph (B), the term 

“cybersecurity threat” means an action, not protected by the First 

Amendment to the Constitution of the United States, on or through an 

information system that may result in an unauthorized effort to adversely 

impact the security, availability, confidentiality, or integrity of an 

information system or information that is stored on, processed by, or 

transiting an information system.

(B) EXCLUSION.—The term “cybersecurity threat” does not include any 

action that solely involves a violation of a consumer term of service or a 

consumer licensing agreement.

(6) CYBER THREAT INDICATOR.—The term “cyber threat indicator” means 

information that is necessary to describe or identify—

(A) malicious reconnaissance, including anomalous patterns of 

communications that appear to be transmitted for the purpose of 

gathering technical information related to a cybersecurity threat or 

security vulnerability; 

(B) a method of defeating a security control or exploitation of a security 

vulnerability;

(C) a security vulnerability, including anomalous activity that appears to 

indicate the existence of a security vulnerability;

(D) a method of causing a user with legitimate access to an information 

system or information that is stored on, processed by, or transiting an 

information system to unwittingly enable the defeat of a security control 

or exploitation of a security vulnerability;

(E) malicious cyber command and control;

(F) the actual or potential harm caused by an incident, including a 

description of the information exfiltrated as a result of a particular 

cybersecurity threat;

(G) any other attribute of a cybersecurity threat, if disclosure of such 

attribute is not otherwise prohibited by law; or

(H) any combination thereof.

(7) DEFENSIVE MEASURE.—

(A) IN GENERAL.—Except as provided in subparagraph (B), the term 

“defensive measure” means an action, device, procedure, signature, 
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technique, or other measure applied to an information system or 

information that is stored on, processed by, or transiting an information 

system that detects, prevents, or mitigates a known or suspected 

cybersecurity threat or security vulnerability.

(B) EXCLUSION.—The term “defensive measure” does not include a 

measure that destroys, renders unusable, provides unauthorized access to, 

or substantially harms an information system or information stored on, 

processed by, or transiting such information system not owned by—

(i) the private entity operating the measure; or

(ii) another entity or Federal entity that is authorized to provide 

consent and has provided consent to that private entity for 

operation of such measure.

(8) FEDERAL ENTITY.—The term “Federal entity” means a department or agency 

of the United States or any component of such department or agency.

(9) INFORMATION SYSTEM.—The term “information system”—

(A) has the meaning given the term in section 3502 of title 44, United 

States Code; and

(B) includes industrial control systems, such as supervisory control and 

data acquisition systems, distributed control systems, and programmable 

logic controllers.

(10) LOCAL GOVERNMENT.—The term “local government” means any borough, 

city, county, parish, town, township, village, or other political subdivision of a 

State.

(11) MALICIOUS CYBER COMMAND AND CONTROL.—The term “malicious cyber 

command and control” means a method for unauthorized remote identification 

of, access to, or use of, an information system or information that is stored on, 

processed by, or transiting an information system.

(12) MALICIOUS RECONNAISSANCE.—The term “malicious reconnaissance”

means a method for actively probing or passively monitoring an information 

system for the purpose of discerning security vulnerabilities of the information 

system, if such method is associated with a known or suspected cybersecurity 

threat.

(13) MONITOR.—The term “monitor” means to acquire, identify, or scan, or to 

possess, information that is stored on, processed by, or transiting an information 

system.

(14) NON-FEDERAL ENTITY.—

(A) IN GENERAL.—Except as otherwise provided in this paragraph, the 

term “non-Federal entity” means any private entity, non-Federal 

government agency or department, or State, tribal, or local government 

(including a political subdivision, department, or component thereof).
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(B) INCLUSIONS.—The term “non-Federal entity” includes a government 

agency or department of the District of Columbia, the Commonwealth of 

Puerto Rico, the United States Virgin Islands, Guam, American Samoa, 

the Northern Mariana Islands, and any other territory or possession of the 

United States. 

(C) EXCLUSION.—The term “non-Federal entity” does not include a 

foreign power as defined in section 101 of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1801).

(15) PRIVATE ENTITY.—

(A) IN GENERAL.—Except as otherwise provided in this paragraph, the 

term “private entity” means any person or private group, organization, 

proprietorship, partnership, trust, cooperative, corporation, or other 

commercial or nonprofit entity, including an officer, employee, or agent 

thereof.

(B) INCLUSION.—The term “private entity” includes a State, tribal, or 

local government performing utility services, such as electric, natural 

gas, or water services.

(C) EXCLUSION.—The term “private entity” does not include a foreign 

power as defined in section 101 of the Foreign Intelligence Surveillance 

Act of 1978 (50 U.S.C. 1801).

(16) SECURITY CONTROL.—The term “security control” means the management, 

operational, and technical controls used to protect against an unauthorized effort 

to adversely affect the confidentiality, integrity, and availability of an 

information system or its information.

(17) SECURITY VULNERABILITY.—The term “security vulnerability” means any 

attribute of hardware, software, process, or procedure that could enable or 

facilitate the defeat of a security control.

(18) TRIBAL.—The term “tribal” has the meaning given the term “Indian tribe” in 

section 4 of the Indian Self-Determination and Education Assistance Act (25 

U.S.C. 450b).

SHARING OF INFORMATION BY THE FEDERAL GOVERNMENT

SEC. 103. [6 U.S.C. § 1502]

(a) IN GENERAL.—Consistent with the protection of classified information, 

intelligence sources and methods, and privacy and civil liberties, the Director of 

National Intelligence, the Secretary of Homeland Security, the Secretary of 

Defense, and the Attorney General, in consultation with the heads of the 

appropriate Federal entities, shall jointly develop and issue procedures to 

facilitate and promote—
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(1) the timely sharing of classified cyber threat indicators and defensive 

measures in the possession of the Federal Government with 

representatives of relevant Federal entities and non-Federal entities that 

have appropriate security clearances;

(2) the timely sharing with relevant Federal entities and non-Federal 

entities of cyber threat indicators, defensive measures, and information 

relating to cybersecurity threats or authorized uses under this title, in the 

possession of the Federal Government that may be declassified and 

shared at an unclassified level;

(3) the timely sharing with relevant Federal entities and non-Federal 

entities, or the public if appropriate, of unclassified, including controlled 

unclassified, cyber threat indicators and defensive measures in the 

possession of the Federal Government;

(4) the timely sharing with Federal entities and non-Federal entities, if 

appropriate, of information relating to cybersecurity threats or authorized 

uses under this title, in the possession of the Federal Government about 

cybersecurity threats to such entities to prevent or mitigate adverse 

effects from such cybersecurity threats; and

(5) the periodic sharing, through publication and targeted outreach, of 

cybersecurity best practices that are developed based on ongoing 

analyses of cyber threat indicators, defensive measures, and information 

relating to cybersecurity threats or authorized uses under this title, in the 

possession of the Federal Government, with attention to accessibility and 

implementation challenges faced by small business concerns (as defined 

in section 3 of the Small Business Act (15 U.S.C. 632)). 

(b) DEVELOPMENT OF PROCEDURES.—

(1) IN GENERAL.—The procedures developed under subsection (a) 

shall—

(A) ensure the Federal Government has and maintains the 

capability to share cyber threat indicators and defensive 

measures in real time consistent with the protection of classified 

information;

(B) incorporate, to the greatest extent practicable, existing 

processes and existing roles and responsibilities of Federal 

entities and non-Federal entities for information sharing by the 

Federal Government, including sector specific information 

sharing and analysis centers;

(C) include procedures for notifying, in a timely manner, Federal 

entities and non-Federal entities that have received a cyber threat 

indicator or defensive measure from a Federal entity under this 

title that is known or determined to be in error or in 
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contravention of the requirements of this title or another 

provision of Federal law or policy of such error or contravention;

(D) include requirements for Federal entities sharing cyber threat 

indicators or defensive measures to implement and utilize 

security controls to protect against unauthorized access to or 

acquisition of such cyber threat indicators or defensive measures;

(E) include procedures that require a Federal entity, prior to the 

sharing of a cyber threat indicator—

(i) to review such cyber threat indicator to assess 

whether such cyber threat indicator contains any 

information not directly related to a cybersecurity threat 

that such Federal entity knows at the time of sharing to 

be personal information of a specific individual or 

information that identifies a specific individual and 

remove such information; or

(ii) to implement and utilize a technical capability 

configured to remove any information not directly 

related to a cybersecurity threat that the Federal entity 

knows at the time of sharing to be personal information 

of a specific individual or information that identifies a 

specific individual; and

(F) include procedures for notifying, in a timely manner, any 

United States person whose personal information is known or 

determined to have been shared by a Federal entity in violation 

of this title.

(2) CONSULTATION.—In developing the procedures required under this 

section, the Director of National Intelligence, the Secretary of Homeland 

Security, the Secretary of Defense, and the Attorney General shall 

consult with appropriate Federal entities, including the Small Business 

Administration and the National Laboratories (as defined in section 2 of 

the Energy Policy Act of 2005 (42 U.S.C. 15801)), to ensure that 

effective protocols are implemented that will facilitate and promote the 

sharing of cyber threat indicators by the Federal Government in a timely 

manner.

(c) SUBMITTAL TO CONGRESS.—Not later than 60 days after the date of the 

enactment of this Act, the Director of National Intelligence, in consultation with 

the heads of the appropriate Federal entities, shall submit to Congress the 

procedures required by subsection (a).
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AUTHORIZATIONS FOR PREVENTING, DETECTING, ANALYZING, AND 

MITIGATING CYBERSECURITY THREATS

SEC. 104. [6 U.S.C. § 1503]

(a) AUTHORIZATION FOR MONITORING.—

(1) IN GENERAL.—Notwithstanding any other provision of law, a private 

entity may, for cybersecurity purposes, monitor—

(A) an information system of such private entity;

(B) an information system of another non-Federal entity, upon 

the authorization and written consent of such other entity;

(C) an information system of a Federal entity, upon the 

authorization and written consent of an authorized representative 

of the Federal entity; and

(D) information that is stored on, processed by, or transiting an 

information system monitored by the private entity under this 

paragraph.

(2) CONSTRUCTION.—Nothing in this subsection shall be construed—

(A) to authorize the monitoring of an information system, or the 

use of any information obtained through such monitoring, other 

than as provided in this title; or

(B) to limit otherwise lawful activity.

(b) AUTHORIZATION FOR OPERATION OF DEFENSIVE MEASURES.—

(1) IN GENERAL.—Notwithstanding any other provision of law, a private 

entity may, for cybersecurity purposes, operate a defensive measure that 

is applied to—

(A) an information system of such private entity in order to 

protect the rights or property of the private entity;

(B) an information system of another non-Federal entity upon 

written consent of such entity for operation of such defensive 

measure to protect the rights or property of such entity; and

(C) an information system of a Federal entity upon written 

consent of an authorized representative of such Federal entity for 

operation of such defensive measure to protect the rights or 

property of the Federal Government.

(2) CONSTRUCTION.—Nothing in this subsection shall be construed—

(A) to authorize the use of a defensive measure other than as 

provided in this subsection; or

(B) to limit otherwise lawful activity.
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(c) AUTHORIZATION FOR SHARING OR RECEIVING CYBER THREAT INDICATORS 

OR DEFENSIVE MEASURES.—

(1) IN GENERAL.—Except as provided in paragraph (2) and 

notwithstanding any other provision of law, a non-Federal entity may, for 

a cybersecurity purpose and consistent with the protection of classified 

information, share with, or receive from, any other non-Federal entity or 

the Federal Government a cyber threat indicator or defensive measure.

(2) LAWFUL RESTRICTION.—A non-Federal entity receiving a cyber 

threat indicator or defensive measure from another non-Federal entity or 

a Federal entity shall comply with otherwise lawful restrictions placed on 

the sharing or use of such cyber threat indicator or defensive measure by 

the sharing non-Federal entity or Federal entity.

(3) CONSTRUCTION.—Nothing in this subsection shall be construed—

(A) to authorize the sharing or receiving of a cyber threat 

indicator or defensive measure other than as provided in this 

subsection; or

(B) to limit otherwise lawful activity.

(d) PROTECTION AND USE OF INFORMATION.—

(1) SECURITY OF INFORMATION.—A non-Federal entity monitoring an 

information system, operating a defensive measure, or providing or 

receiving a cyber threat indicator or defensive measure under this section 

shall implement and utilize a security control to protect against 

unauthorized access to or acquisition of such cyber threat indicator or 

defensive measure.

(2) REMOVAL OF CERTAIN PERSONAL INFORMATION.—A non-Federal 

entity sharing a cyber threat indicator pursuant to this title shall, prior to 

such sharing—

(A) review such cyber threat indicator to assess whether such 

cyber threat indicator contains any information not directly 

related to a cybersecurity threat that the non-Federal entity 

knows at the time of sharing to be personal information of a 

specific individual or information that identifies a specific 

individual and remove such information; or

(B) implement and utilize a technical capability configured to 

remove any information not directly related to a cybersecurity 

threat that the non-Federal entity knows at the time of sharing to 

be personal information of a specific individual or information 

that identifies a specific individual. 
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(3) USE OF CYBER THREAT INDICATORS AND DEFENSIVE MEASURES BY 

NON-FEDERAL ENTITIES.—

(A) IN GENERAL.—Consistent with this title, a cyber threat 

indicator or defensive measure shared or received under this 

section may, for cybersecurity purposes—

(i) be used by a non-Federal entity to monitor or operate 

a defensive measure that is applied to—

(I) an information system of the non-Federal 

entity; or

(II) an information system of another nonFederal entity or a Federal entity upon the 

written consent of that other non-Federal entity 

or that Federal entity; and

(ii) be otherwise used, retained, and further shared by a 

non-Federal entity subject to—

(I) an otherwise lawful restriction placed by the 

sharing non-Federal entity or Federal entity on 

such cyber threat indicator or defensive 

measure; or

(II) an otherwise applicable provision of law.

(B) CONSTRUCTION.—Nothing in this paragraph shall be 

construed to authorize the use of a cyber threat indicator or 

defensive measure other than as provided in this section.

(4) USE OF CYBER THREAT INDICATORS BY STATE, TRIBAL, OR LOCAL

GOVERNMENT.—

(A) LAW ENFORCEMENT USE.—A State, tribal, or local 

government that receives a cyber threat indicator or defensive 

measure under this title may use such cyber threat indicator or 

defensive measure for the purposes described in section 

105(d)(5)(A).

(B) EXEMPTION FROM DISCLOSURE.—A cyber threat indicator 

or defensive measure shared by or with a State, tribal, or local 

government, including a component of a State, tribal, or local 

government that is a private entity, under this section shall be—

(i) deemed voluntarily shared information; and

(ii) exempt from disclosure under any provision of State, 

tribal, or local freedom of information law, open 

government law, open meetings law, open records law, 

sunshine law, or similar law requiring disclosure of 

information or records.
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(C) STATE, TRIBAL, AND LOCAL REGULATORY AUTHORITY.—

(i) IN GENERAL.—Except as provided in clause (ii), a 

cyber threat indicator or defensive measure shared with a 

State, tribal, or local government under this title shall not 

be used by any State, tribal, or local government to 

regulate, including an enforcement action, the lawful 

activity of any non-Federal entity or any activity taken 

by a non-Federal entity pursuant to mandatory standards, 

including an activity relating to monitoring, operating a 

defensive measure, or sharing of a cyber threat indicator.

(ii) REGULATORY AUTHORITY SPECIFICALLY RELATING 

TO PREVENTION OR MITIGATION OF CYBERSECURITY 

THREATS.—A cyber threat indicator or defensive 

measure shared as described in clause (i) may, consistent 

with a State, tribal, or local government regulatory 

authority specifically relating to the prevention or 

mitigation of cybersecurity threats to information 

systems, inform the development or implementation of a 

regulation relating to such information systems.

(e) ANTITRUST EXEMPTION.—

(1) IN GENERAL.—Except as provided in section 108(e), it shall not be 

considered a violation of any provision of antitrust laws for 2 or more 

private entities to exchange or provide a cyber threat indicator or 

defensive measure, or assistance relating to the prevention, investigation, 

or mitigation of a cybersecurity threat, for cybersecurity purposes under 

this title.

(2) APPLICABILITY.—Paragraph (1) shall apply only to information that 

is exchanged or assistance provided in order to assist with—

(A) facilitating the prevention, investigation, or mitigation of a 

cybersecurity threat to an information system or information that 

is stored on, processed by, or transiting an information system; 

or

(B) communicating or disclosing a cyber threat indicator to help 

prevent, investigate, or mitigate the effect of a cybersecurity 

threat to an information system or information that is stored on, 

processed by, or transiting an information system.

(f) NO RIGHT OR BENEFIT.—The sharing of a cyber threat indicator or defensive 

measure with a non-Federal entity under this title shall not create a right or 

benefit to similar information by such non-Federal entity or any other nonFederal entity.
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SHARING OF CYBER THREAT INDICATORS AND DEFENSIVE MEASURES WITH 

THE FEDERAL GOVERNMENT

SEC. 105. [6 U.S.C. § 1504]

(a) REQUIREMENT FOR POLICIES AND PROCEDURES.—

(1) INTERIM POLICIES AND PROCEDURES.—Not later than 60 days after 

the date of the enactment of this Act, the Attorney General and the 

Secretary of Homeland Security shall, in consultation with the heads of 

the appropriate Federal entities, jointly develop and submit to Congress 

interim policies and procedures relating to the receipt of cyber threat 

indicators and defensive measures by the Federal Government.

(2) FINAL POLICIES AND PROCEDURES.—Not later than 180 days after 

the date of the enactment of this Act, the Attorney General and the 

Secretary of Homeland Security shall, in consultation with the heads of 

the appropriate Federal entities, jointly issue and make publicly available 

final policies and procedures relating to the receipt of cyber threat 

indicators and defensive measures by the Federal Government.

(3) REQUIREMENTS CONCERNING POLICIES AND PROCEDURES.—

Consistent with the guidelines required by subsection (b), the policies 

and procedures developed or issued under this subsection shall—

(A) ensure that cyber threat indicators shared with the Federal 

Government by any non-Federal entity pursuant to section 

104(c) through the real-time process described in subsection (c) 

of this section—

(i) are shared in an automated manner with all of the 

appropriate Federal entities;

(ii) are only subject to a delay, modification, or other 

action due to controls established for such real-time 

process that could impede real-time receipt by all of the 

appropriate Federal entities when the delay, 

modification, or other action is due to controls—

(I) agreed upon unanimously by all of the heads 

of the appropriate Federal entities;

(II) carried out before any of the appropriate 

Federal entities retains or uses the cyber threat 

indicators or defensive measures; and

(III) uniformly applied such that each of the 

appropriate Federal entities is subject to the 

same delay, modification, or other action; and

(iii) may be provided to other Federal entities;
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(B) ensure that cyber threat indicators shared with the Federal 

Government by any non-Federal entity pursuant to section 104 in 

a manner other than the real-time process described in subsection 

(c) of this section—

(i) are shared as quickly as operationally practicable with 

all of the appropriate Federal entities;

(ii) are not subject to any unnecessary delay, 

interference, or any other action that could impede 

receipt by all of the appropriate Federal entities; and

(iii) may be provided to other Federal entities; and

(C) ensure there are—

(i) audit capabilities; and

(ii) appropriate sanctions in place for officers, 

employees, or agents of a Federal entity who knowingly 

and willfully conduct activities under this title in an 

unauthorized manner.

(4) GUIDELINES FOR ENTITIES SHARING CYBER THREAT INDICATORS 

WITH FEDERAL GOVERNMENT.—

(A) IN GENERAL.—Not later than 60 days after the date of the 

enactment of this Act, the Attorney General and the Secretary of 

Homeland Security shall jointly develop and make publicly 

available guidance to assist entities and promote sharing of cyber 

threat indicators with Federal entities under this title. 

(B) CONTENTS.—The guidelines developed and made publicly 

available under subparagraph (A) shall include guidance on the 

following:

(i) Identification of types of information that would 

qualify as a cyber threat indicator under this title that 

would be unlikely to include information that—

(I) is not directly related to a cybersecurity 

threat; and

(II) is personal information of a specific 

individual or information that identifies a 

specific individual.

(ii) Identification of types of information protected under 

otherwise applicable privacy laws that are unlikely to be 

directly related to a cybersecurity threat.

(iii) Such other matters as the Attorney General and the 

Secretary of Homeland Security consider appropriate for 

entities sharing cyber threat indicators with Federal 

entities under this title.
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(b) PRIVACY AND CIVIL LIBERTIES.—

(1) INTERIM GUIDELINES.—Not later than 60 days after the date of the 

enactment of this Act, the Attorney General and the Secretary of 

Homeland Security shall, in consultation with heads of the appropriate 

Federal entities and in consultation with officers designated under 

section 1062 of the National Security Intelligence Reform Act of 2004 

(42 U.S.C. 2000ee–1), jointly develop, submit to Congress, and make 

available to the public interim guidelines relating to privacy and civil 

liberties which shall govern the receipt, retention, use, and dissemination 

of cyber threat indicators by a Federal entity obtained in connection with 

activities authorized in this title.

(2) FINAL GUIDELINES.—

(A) IN GENERAL.—Not later than 180 days after the date of the 

enactment of this Act, the Attorney General and the Secretary of 

Homeland Security shall, in coordination with heads of the 

appropriate Federal entities and in consultation with officers 

designated under section 1062 of the National Security 

Intelligence Reform Act of 2004 (42 U.S.C. 2000ee–1) and such 

private entities with industry expertise as the Attorney General 

and the Secretary consider relevant, jointly issue and make 

publicly available final guidelines relating to privacy and civil 

liberties which shall govern the receipt, retention, use, and 

dissemination of cyber threat indicators by a Federal entity 

obtained in connection with activities authorized in this title.

(B) PERIODIC REVIEW.—The Attorney General and the Secretary 

of Homeland Security shall, in coordination with heads of the 

appropriate Federal entities and in consultation with officers and 

private entities described in subparagraph (A), periodically, but 

not less frequently than once every 2 years, jointly review the 

guidelines issued under subparagraph (A).

(3) CONTENT.—The guidelines required by paragraphs (1) and (2) shall, 

consistent with the need to protect information systems from 

cybersecurity threats and mitigate cybersecurity threats—

(A) limit the effect on privacy and civil liberties of activities by 

the Federal Government under this title;

(B) limit the receipt, retention, use, and dissemination of cyber 

threat indicators containing personal information of specific 

individuals or information that identifies specific individuals, 

including by establishing—
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(i) a process for the timely destruction of such 

information that is known not to be directly related to 

uses authorized under this title; and

(ii) specific limitations on the length of any period in 

which a cyber threat indicator may be retained;

(C) include requirements to safeguard cyber threat indicators 

containing personal information of specific individuals or 

information that identifies specific individuals from unauthorized 

access or acquisition, including appropriate sanctions for 

activities by officers, employees, or agents of the Federal 

Government in contravention of such guidelines; 

(D) consistent with this title, any other applicable provisions of 

law, and the fair information practice principles set forth in 

appendix A of the document entitled “National Strategy for 

Trusted Identities in Cyberspace” and published by the President 

in April 2011, govern the retention, use, and dissemination by 

the Federal Government of cyber threat indicators shared with 

the Federal Government under this title, including the extent, if 

any, to which such cyber threat indicators may be used by the 

Federal Government;

(E) include procedures for notifying entities and Federal entities 

if information received pursuant to this section is known or 

determined by a Federal entity receiving such information not to 

constitute a cyber threat indicator;

(F) protect the confidentiality of cyber threat indicators 

containing personal information of specific individuals or 

information that identifies specific individuals to the greatest 

extent practicable and require recipients to be informed that such 

indicators may only be used for purposes authorized under this 

title; and

(G) include steps that may be needed so that dissemination of 

cyber threat indicators is consistent with the protection of 

classified and other sensitive national security information.

(c) CAPABILITY AND PROCESS WITHIN THE DEPARTMENT OF HOMELAND 

SECURITY.—

(1) IN GENERAL.—Not later than 90 days after the date of the enactment 

of this Act, the Secretary of Homeland Security, in coordination with the 

heads of the appropriate Federal entities, shall develop and implement a 

capability and process within the Department of Homeland Security 

that—
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(A) shall accept from any non-Federal entity in real time cyber 

threat indicators and defensive measures, pursuant to this 

section;

(B) shall, upon submittal of the certification under paragraph (2) 

that such capability and process fully and effectively operates as 

described in such paragraph, be the process by which the Federal 

Government receives cyber threat indicators and defensive 

measures under this title that are shared by a non-Federal entity 

with the Federal Government through electronic mail or media, 

an interactive form on an Internet website, or a real time, 

automated process between information systems except—

(i) consistent with section 104, communications between 

a Federal entity and a non-Federal entity regarding a 

previously shared cyber threat indicator to describe the 

relevant cybersecurity threat or develop a defensive 

measure based on such cyber threat indicator; and

(ii) communications by a regulated non-Federal entity 

with such entity’s Federal regulatory authority regarding 

a cybersecurity threat;

(C) ensures that all of the appropriate Federal entities receive in 

an automated manner such cyber threat indicators and defensive 

measures shared through the real-time process within the 

Department of Homeland Security;

(D) is in compliance with the policies, procedures, and 

guidelines required by this section; and

(E) does not limit or prohibit otherwise lawful disclosures of 

communications, records, or other information, including—

(i) reporting of known or suspected criminal activity, by 

a non-Federal entity to any other non-Federal entity or a 

Federal entity, including cyber threat indicators or 

defensive measures shared with a Federal entity in 

furtherance of opening a Federal law enforcement 

investigation;

(ii) voluntary or legally compelled participation in a 

Federal investigation; and

(iii) providing cyber threat indicators or defensive 

measures as part of a statutory or authorized contractual 

requirement. 

(2) CERTIFICATION AND DESIGNATION.—

(A) CERTIFICATION OF CAPABILITY AND PROCESS.—Not later 

than 90 days after the date of the enactment of this Act, the 
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672

Secretary of Homeland Security shall, in consultation with the 

heads of the appropriate Federal entities, submit to Congress a 

certification as to whether the capability and process required by 

paragraph (1) fully and effectively operates—

(i) as the process by which the Federal Government 

receives from any non-Federal entity a cyber threat 

indicator or defensive measure under this title; and

(ii) in accordance with the interim policies, procedures, 

and guidelines developed under this title.

(B) DESIGNATION.—

(i) IN GENERAL.—At any time after certification is 

submitted under subparagraph (A), the President may 

designate an appropriate Federal entity, other than the 

Department of Defense (including the National Security 

Agency), to develop and implement a capability and 

process as described in paragraph (1) in addition to the 

capability and process developed under such paragraph 

by the Secretary of Homeland Security, if, not fewer 

than 30 days before making such designation, the 

President submits to Congress a certification and 

explanation that—

(I) such designation is necessary to ensure that 

full, effective, and secure operation of a 

capability and process for the Federal 

Government to receive from any non-Federal 

entity cyber threat indicators or defensive 

measures under this title;

(II) the designated appropriate Federal entity 

will receive and share cyber threat indicators and 

defensive measures in accordance with the 

policies, procedures, and guidelines developed 

under this title, including subsection (a)(3)(A); 

and

(III) such designation is consistent with the 

mission of such appropriate Federal entity and 

improves the ability of the Federal Government 

to receive, share, and use cyber threat indicators 

and defensive measures as authorized under this 

title.

(ii) Application to Additional Capability and Process.—

If the President designates an appropriate Federal entity 
CYBERSECURITY ACT OF 2015

673

to develop and implement a capability and process under 

clause (i), the provisions of this title that apply to the 

capability and process required by paragraph (1) shall 

also be construed to apply to the capability and process 

developed and implemented under clause (i).

(3) PUBLIC NOTICE AND ACCESS.—The Secretary of Homeland Security 

shall ensure there is public notice of, and access to, the capability and 

process developed and implemented under paragraph (1) so that—

(A) any non-Federal entity may share cyber threat indicators and 

defensive measures through such process with the Federal 

Government; and

(B) all of the appropriate Federal entities receive such cyber 

threat indicators and defensive measures in real time with receipt 

through the process within the Department of Homeland Security 

consistent with the policies and procedures issued under 

subsection (a).

(4) OTHER FEDERAL ENTITIES.—The process developed and 

implemented under paragraph (1) shall ensure that other Federal entities 

receive in a timely manner any cyber threat indicators and defensive 

measures shared with the Federal Government through such process.

(d) INFORMATION SHARED WITH OR PROVIDED TO THE FEDERAL 

GOVERNMENT.—

(1) NO WAIVER OF PRIVILEGE OR PROTECTION.—The provision of cyber 

threat indicators and defensive measures to the Federal Government 

under this title shall not constitute a waiver of any applicable privilege or 

protection provided by law, including trade secret protection. 

(2) PROPRIETARY INFORMATION.—Consistent with section 104(c)(2) and 

any other applicable provision of law, a cyber threat indicator or 

defensive measure provided by a non-Federal entity to the Federal 

Government under this title shall be considered the commercial, 

financial, and proprietary information of such non-Federal entity when so 

designated by the originating non-Federal entity or a third party acting in 

accordance with the written authorization of the originating non-Federal 

entity.

(3) EXEMPTION FROM DISCLOSURE.—A cyber threat indicator or 

defensive measure shared with the Federal Government under this title 

shall be—

(A) deemed voluntarily shared information and exempt from 

disclosure under section 552 of title 5, United States Code, and 

any State, tribal, or local provision of law requiring disclosure of 

information or records; and
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674

(B) withheld, without discretion, from the public under section 

552(b)(3)(B) of title 5, United States Code, and any State, tribal, 

or local provision of law requiring disclosure of information or 

records.

(4) EX PARTE COMMUNICATIONS.—The provision of a cyber threat 

indicator or defensive measure to the Federal Government under this title 

shall not be subject to a rule of any Federal agency or department or any 

judicial doctrine regarding ex parte communications with a decisionmaking official.

(5) DISCLOSURE, RETENTION, AND USE.—

(A) AUTHORIZED ACTIVITIES.—Cyber threat indicators and 

defensive measures provided to the Federal Government under 

this title may be disclosed to, retained by, and used by, consistent 

with otherwise applicable provisions of Federal law, any Federal 

agency or department, component, officer, employee, or agent of 

the Federal Government solely for—

(i) a cybersecurity purpose;

(ii) the purpose of identifying—

(I) a cybersecurity threat, including the source of 

such cybersecurity threat; or

(II) a security vulnerability;

(iii) the purpose of responding to, or otherwise 

preventing or mitigating, a specific threat of death, a 

specific threat of serious bodily harm, or a specific threat 

of serious economic harm, including a terrorist act or a 

use of a weapon of mass destruction;

(iv) the purpose of responding to, investigating, 

prosecuting, or otherwise preventing or mitigating, a 

serious threat to a minor, including sexual exploitation 

and threats to physical safety; or

(v) the purpose of preventing, investigating, disrupting, 

or prosecuting an offense arising out of a threat 

described in clause (iii) or any of the offenses listed in—

(I) sections 1028 through 1030 of title 18, 

United States Code (relating to fraud and 

identity theft);

(II) chapter 37 of such title (relating to 

espionage and censorship); and

(III) chapter 90 of such title (relating to 

protection of trade secrets).
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675

(B) PROHIBITED ACTIVITIES.—Cyber threat indicators and 

defensive measures provided to the Federal Government under 

this title shall not be disclosed to, retained by, or used by any 

Federal agency or department for any use not permitted under 

subparagraph (A).

(C) PRIVACY AND CIVIL LIBERTIES.—Cyber threat indicators 

and defensive measures provided to the Federal Government 

under this title shall be retained, used, and disseminated by the 

Federal Government—

(i) in accordance with the policies, procedures, and 

guidelines required by subsections (a) and (b);

(ii) in a manner that protects from unauthorized use or 

disclosure any cyber threat indicators that may contain—

(I) personal information of a specific individual; 

or

(II) information that identifies a specific 

individual; and

(iii) in a manner that protects the confidentiality of cyber 

threat indicators containing—

(I) personal information of a specific individual; 

or

(II) information that identifies a specific 

individual.

(D) FEDERAL REGULATORY AUTHORITY.—

(i) IN GENERAL.—Except as provided in clause (ii), 

cyber threat indicators and defensive measures provided 

to the Federal Government under this title shall not be 

used by any Federal, State, tribal, or local government to 

regulate, including an enforcement action, the lawful 

activities of any non-Federal entity or any activities 

taken by a non-Federal entity pursuant to mandatory 

standards, including activities relating to monitoring, 

operating defensive measures, or sharing cyber threat 

indicators.

(ii) EXCEPTIONS.—

(I) REGULATORY AUTHORITY SPECIFICALLY

RELATING TO PREVENTION OR MITIGATION OF 

CYBERSECURITY THREATS.—Cyber threat 

indicators and defensive measures provided to 

the Federal Government under this title may, 

consistent with Federal or State regulatory 
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676

authority specifically relating to the prevention 

or mitigation of cybersecurity threats to 

information systems, inform the development or 

implementation of regulations relating to such 

information systems.

(II) PROCEDURES DEVELOPED AND 

IMPLEMENTED UNDER THIS TITLE.—Clause (i) 

shall not apply to procedures developed and 

implemented under this title.

PROTECTION FROM LIABILITY

SEC. 106. [6 U.S.C. § 1505] 

(a) MONITORING OF INFORMATION SYSTEMS.—No cause of action shall lie or be 

maintained in any court against any private entity, and such action shall be 

promptly dismissed, for the monitoring of an information system and information 

under section 104(a) that is conducted in accordance with this title.

(b) SHARING OR RECEIPT OF CYBER THREAT INDICATORS.—No cause of action 

shall lie or be maintained in any court against any private entity, and such action 

shall be promptly dismissed, for the sharing or receipt of a cyber threat indicator 

or defensive measure under section 104(c) if—

(1) such sharing or receipt is conducted in accordance with this title; and

(2) in a case in which a cyber threat indicator or defensive measure is 

shared with the Federal Government, the cyber threat indicator or 

defensive measure is shared in a manner that is consistent with section 

105(c)(1)(B) and the sharing or receipt, as the case may be, occurs after 

the earlier of—

(A) the date on which the interim policies and procedures are 

submitted to Congress under section 105(a)(1) and guidelines are 

submitted to Congress under section 105(b)(1); or

(B) the date that is 60 days after the date of the enactment of this 

Act.

(c) CONSTRUCTION.—Nothing in this title shall be construed—

(1) to create—

(A) a duty to share a cyber threat indicator or defensive measure; 

or

(B) a duty to warn or act based on the receipt of a cyber threat 

indicator or defensive measure; or

(2) to undermine or limit the availability of otherwise applicable 

common law or statutory defenses.
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677

OVERSIGHT OF GOVERNMENT ACTIVITIES

SEC. 107. [6 U.S.C. § 1506]

(a) REPORT ON IMPLEMENTATION.—

(1) IN GENERAL.—Not later than 1 year after the date of the enactment of 

this title, the heads of the appropriate Federal entities shall jointly submit 

to Congress a detailed report concerning the implementation of this title.

(2) CONTENTS.—The report required by paragraph (1) may include such 

recommendations as the heads of the appropriate Federal entities may 

have for improvements or modifications to the authorities, policies, 

procedures, and guidelines under this title and shall include the 

following:

(A) An evaluation of the effectiveness of real-time information 

sharing through the capability and process developed under 

section 105(c), including any impediments to such real-time 

sharing.

(B) An assessment of whether cyber threat indicators or 

defensive measures have been properly classified and an 

accounting of the number of security clearances authorized by 

the Federal Government for the purpose of sharing cyber threat 

indicators or defensive measures with the private sector.

(C) The number of cyber threat indicators or defensive measures 

received through the capability and process developed under 

section 105(c).

(D) A list of Federal entities that have received cyber threat 

indicators or defensive measures under this title.

(b) BIENNIAL REPORT ON COMPLIANCE.—

(1) IN GENERAL.—Not later than 2 years after the date of the enactment 

of this Act and not less frequently than once every 2 years thereafter, the 

inspectors general of the appropriate Federal entities, in consultation with 

the Inspector General of the Intelligence Community and the Council of 

Inspectors General on Financial Oversight, shall jointly submit to 

Congress an interagency report on the actions of the executive branch of 

the Federal Government to carry out this title during the most recent 2-

year period.

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

include, for the period covered by the report, the following:

(A) An assessment of the sufficiency of the policies, procedures, 

and guidelines relating to the sharing of cyber threat indicators 

within the Federal Government, including those policies, 

procedures, and guidelines relating to the removal of information 
CYBERSECURITY ACT OF 2015

678

not directly related to a cybersecurity threat that is personal 

information of a specific individual or information that identifies 

a specific individual.

(B) An assessment of whether cyber threat indicators or 

defensive measures have been properly classified and an 

accounting of the number of security clearances authorized by 

the Federal Government for the purpose of sharing cyber threat 

indicators or defensive measures with the private sector.

(C) A review of the actions taken by the Federal Government 

based on cyber threat indicators or defensive measures shared 

with the Federal Government under this title, including a review 

of the following:

(i) The appropriateness of subsequent uses and 

disseminations of cyber threat indicators or defensive 

measures.

(ii) Whether cyber threat indicators or defensive 

measures were shared in a timely and adequate manner 

with appropriate entities, or, if appropriate, were made 

publicly available.

(D) An assessment of the cyber threat indicators or defensive 

measures shared with the appropriate Federal entities under this 

title, including the following:

(i) The number of cyber threat indicators or defensive 

measures shared through the capability and process 

developed under section 105(c).

(ii) An assessment of any information not directly 

related to a cybersecurity threat that is personal 

information of a specific individual or information 

identifying a specific individual and was shared by a 

non-Federal government entity with the Federal 

government in contravention of this title, or was shared 

within the Federal Government in contravention of the 

guidelines required by this title, including a description 

of any significant violation of this title.

(iii) The number of times, according to the Attorney 

General, that information shared under this title was 

used by a Federal entity to prosecute an offense listed in 

section 105(d)(5)(A). 

(iv) A quantitative and qualitative assessment of the 

effect of the sharing of cyber threat indicators or 

defensive measures with the Federal Government on 
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679

privacy and civil liberties of specific individuals, 

including the number of notices that were issued with 

respect to a failure to remove information not directly 

related to a cybersecurity threat that was personal 

information of a specific individual or information that 

identified a specific individual in accordance with the 

procedures required by section 105(b)(3)(E).

(v) The adequacy of any steps taken by the Federal 

Government to reduce any adverse effect from activities 

carried out under this title on the privacy and civil 

liberties of United States persons.

(E) An assessment of the sharing of cyber threat indicators or 

defensive measures among Federal entities to identify 

inappropriate barriers to sharing information.

(3) RECOMMENDATIONS.—Each report submitted under this subsection 

may include such recommendations as the inspectors general may have 

for improvements or modifications to the authorities and processes under 

this title.

(c) INDEPENDENT REPORT ON REMOVAL OF PERSONAL INFORMATION.—Not 

later than 3 years after the date of the enactment of this Act, the Comptroller 

General of the United States shall submit to Congress a report on the actions 

taken by the Federal Government to remove personal information from cyber 

threat indicators or defensive measures pursuant to this title. Such report shall 

include an assessment of the sufficiency of the policies, procedures, and 

guidelines established under this title in addressing concerns relating to privacy 

and civil liberties.

(d) FORM OF REPORTS.—Each report required under this section shall be 

submitted in an unclassified form, but may include a classified annex.

(e) PUBLIC AVAILABILITY OF REPORTS.—The unclassified portions of the reports 

required under this section shall be made available to the public.

CONSTRUCTION AND PREEMPTION

SEC. 108. [6 U.S.C. § 1507]

(a) OTHERWISE LAWFUL DISCLOSURES.—Nothing in this title shall be 

construed—

(1) to limit or prohibit otherwise lawful disclosures of communications, 

records, or other information, including reporting of known or suspected 

criminal activity, by a non-Federal entity to any other non-Federal entity 

or the Federal Government under this title; or
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680

(2) to limit or prohibit otherwise lawful use of such disclosures by any 

Federal entity, even when such otherwise lawful disclosures duplicate or 

replicate disclosures made under this title.

(b) WHISTLE BLOWER PROTECTIONS.—Nothing in this title shall be construed to 

prohibit or limit the disclosure of information protected under section 2302(b)(8) 

of title 5, United States Code (governing disclosures of illegality, waste, fraud, 

abuse, or public health or safety threats), section 7211 of title 5, United States 

Code (governing disclosures to Congress), section 1034 of title 10, United States 

Code (governing disclosure to Congress by members of the military), section 

1104 of the National Security Act of 1947 (50 U.S.C. 3234) (governing 

disclosure by employees of elements of the intelligence community), or any 

similar provision of Federal or State law.

(c) PROTECTION OF SOURCES AND METHODS.—Nothing in this title shall be 

construed—

(1) as creating any immunity against, or otherwise affecting, any action 

brought by the Federal Government, or any agency or department 

thereof, to enforce any law, executive order, or procedure governing the 

appropriate handling, disclosure, or use of classified information;

(2) to affect the conduct of authorized law enforcement or intelligence 

activities; or

(3) to modify the authority of a department or agency of the Federal 

Government to protect classified information and sources and methods 

and the national security of the United States.

(d) RELATIONSHIP TO OTHER LAWS.—Nothing in this title shall be construed to 

affect any requirement under any other provision of law for a non-Federal entity 

to provide information to the Federal Government.

(e) PROHIBITED CONDUCT.—Nothing in this title shall be construed to permit 

price-fixing, allocating a market between competitors, monopolizing or 

attempting to monopolize a market, boycotting, or exchanges of price or cost 

information, customer lists, or information regarding future competitive 

planning.

(f) INFORMATION SHARING RELATIONSHIPS.—Nothing in this title shall be 

construed—

(1) to limit or modify an existing information sharing relationship;

(2) to prohibit a new information sharing relationship;

(3) to require a new information sharing relationship between any nonFederal entity and a Federal entity or another non-Federal entity; or

(4) to require the use of the capability and process within the Department 

of Homeland Security developed under section 4105(c).
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681

(g) PRESERVATION OF CONTRACTUAL OBLIGATIONS AND RIGHTS.—Nothing in 

this title shall be construed—

(1) to amend, repeal, or supersede any current or future contractual 

agreement, terms of service agreement, or other contractual relationship 

between any non-Federal entities, or between any non-Federal entity and 

a Federal entity; or

(2) to abrogate trade secret or intellectual property rights of any nonFederal entity or Federal entity.

(h) ANTI-TASKING RESTRICTION.—Nothing in this title shall be construed to 

permit a Federal entity—

(1) to require a non-Federal entity to provide information to a Federal 

entity or another non-Federal entity;

(2) to condition the sharing of cyber threat indicators with a non-Federal 

entity on such entity’s provision of cyber threat indicators to a Federal 

entity or another non-Federal entity; or

(3) to condition the award of any Federal grant, contract, or purchase on 

the provision of a cyber threat indicator to a Federal entity or another 

non-Federal entity.

(i) NO LIABILITY FOR NON-PARTICIPATION.—Nothing in this title shall be 

construed to subject any entity to liability for choosing not to engage in the 

voluntary activities authorized in this title.

(j) USE AND RETENTION OF INFORMATION.—Nothing in this title shall be 

construed to authorize, or to modify any existing authority of, a department or 

agency of the Federal Government to retain or use any information shared under 

this title for any use other than permitted in this title.

(k) FEDERAL PREEMPTION.—

(1) IN GENERAL.—This title supersedes any statute or other provision of 

law of a State or political subdivision of a State that restricts or otherwise 

expressly regulates an activity authorized under this title.

(2) STATE LAW ENFORCEMENT.—Nothing in this title shall be construed 

to supersede any statute or other provision of law of a State or political 

subdivision of a State concerning the use of authorized law enforcement 

practices and procedures.

(l) REGULATORY AUTHORITY.—Nothing in this title shall be construed—

(1) to authorize the promulgation of any regulations not specifically 

authorized to be issued under this title;

(2) to establish or limit any regulatory authority not specifically 

established or limited under this title; or

(3) to authorize regulatory actions that would duplicate or conflict with 

regulatory requirements, mandatory standards, or related processes under 

another provision of Federal law.
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682

(m) AUTHORITY OF SECRETARY OF DEFENSE TO RESPOND TO MALICIOUS CYBER

ACTIVITY CARRIED OUT BY FOREIGN POWERS.—Nothing in this title shall be 

construed to limit the authority of the Secretary of Defense under section 130g of 

Title 10, United States Code.

(n) CRIMINAL PROSECUTION.—Nothing in this title shall be construed to prevent 

the disclosure of a cyber threat indicator or defensive measure shared under this 

title in a case of criminal prosecution, when an applicable provision of Federal, 

State, tribal, or local law requires disclosure in such case.

REPORT ON CYBERSECURITY THREATS

SEC. 109. [6 U.S.C. § 1508]

(a) REPORT REQUIRED.—Not later than 180 days after the date of the enactment 

of this Act, the Director of National Intelligence, in coordination with the heads 

of other appropriate elements of the intelligence community, shall submit to the 

Select Committee on Intelligence of the Senate and the Permanent Select 

Committee on Intelligence of the House of Representatives a report on 

cybersecurity threats, including cyber attacks, theft, and data breaches.

(b) CONTENTS.—The report required by subsection (a) shall include the 

following:

(1) An assessment of the current intelligence sharing and cooperation 

relationships of the United States with other countries regarding 

cybersecurity threats, including cyber attacks, theft, and data breaches, 

directed against the United States and which threaten the United States 

national security interests and economy and intellectual property, 

specifically identifying the relative utility of such relationships, which 

elements of the intelligence community participate in such relationships, 

and whether and how such relationships could be improved.

(2) A list and an assessment of the countries and nonstate actors that are 

the primary threats of carrying out a cybersecurity threat, including a 

cyber attack, theft, or data breach, against the United States and which 

threaten the United States national security, economy, and intellectual 

property.

(3) A description of the extent to which the capabilities of the United 

States Government to respond to or prevent cybersecurity threats, 

including cyber attacks, theft, or data breaches, directed against the 

United States private sector are degraded by a delay in the prompt 

notification by private entities of such threats or cyber attacks, theft, and 

data breaches.
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683

(4) An assessment of additional technologies or capabilities that would 

enhance the ability of the United States to prevent and to respond to 

cybersecurity threats, including cyber attacks, theft, and data breaches.

(5) An assessment of any technologies or practices utilized by the private 

sector that could be rapidly fielded to assist the intelligence community 

in preventing and responding to cybersecurity threats.

(c) FORM OF REPORT.—The report required by subsection (a) shall be made 

available in classified and unclassified forms.

(d) INTELLIGENCE COMMUNITY DEFINED.—In this section, the term “intelligence 

community” has the meaning given that term in section 3 of the National 

Security Act of 1947 (50 U.S.C. 3003).

EXCEPTION TO LIMITATION ON AUTHORITY OF SECRETARY OF DEFENSE TO 

DISSEMINATE CERTAIN INFORMATION

SEC. 110. [6 U.S.C. § 1509]

Notwithstanding subsection (c)(3) of section 393 of title 10, United States Code, 

the Secretary of Defense may authorize the sharing of cyber threat indicators and 

defensive measures pursuant to the policies, procedures, and guidelines 

developed or issued under this title.

EFFECTIVE PERIOD

SEC. 111. [6 U.S.C. § 1510]

(a) IN GENERAL.—Except as provided in subsection (b), this title and the 

amendments made by this title shall be effective during the period beginning on 

the date of the enactment of this Act and ending on September 30, 2025.

(b) EXCEPTION.—With respect to any action authorized by this title or 

information obtained pursuant to an action authorized by this title, which 

occurred before the date on which the provisions referred to in subsection (a) 

cease to have effect, the provisions of this title shall continue in effect.
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684

TITLE II—NATIONAL CYBERSECURITY ADVANCEMENT

SUBTITLE B—FEDERAL CYBERSECURITY ENHANCEMENT

IDENTIFICATION OF INFORMATION SYSTEMS RELATING TO NATIONAL 

SECURITY

SEC. 228.

(a) IN GENERAL.—Except as provided in subsection (c), not later than 180 days 

after the date of enactment of this Act—

(1) the Director of National Intelligence and the Director of the Office of 

Management and Budget, in coordination with the heads of other 

agencies, shall—

(A) identify all unclassified information systems that provide 

access to information that may provide an adversary with the 

ability to derive information that would otherwise be considered 

classified;

(B) assess the risks that would result from the breach of each 

unclassified information system identified in subparagraph (A); 

and

(C) assess the cost and impact on the mission carried out by each 

agency that owns an unclassified information system identified 

in subparagraph (A) if the system were to be subsequently 

designated as a national security system; and

(2) the Director of National Intelligence and the Director of the Office of 

Management and Budget shall submit to the appropriate congressional 

committees, the Select Committee on Intelligence of the Senate, and the 

Permanent Select Committee on Intelligence of the House of 

Representatives a report that includes the findings under paragraph (1).

(b) FORM.—The report submitted under subsection (a)(2) shall be in unclassified 

form, and shall include a classified annex.

(c) EXCEPTION.—The requirements under subsection (a)(1) shall not apply to the 

Department of Defense, a national security system, or an element of the 

intelligence community.

(d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to 

designate an information system as a national security system.
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TITLE III—FEDERAL CYBERSECURITY WORKFORCE 

ASSESSMENT

SHORT TITLE

SEC. 301. [5 U.S.C. § 301 note]

This title may be cited as the “Federal Cybersecurity Workforce Assessment Act 

of 2015”.

DEFINITIONS

SEC. 302. [5 U.S.C. § 301 note]

In this title:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

“appropriate congressional committees” means—

(A) the Committee on Armed Services of the Senate;

(B) the Committee on Homeland Security and Governmental 

Affairs of the Senate;

(C) the Select Committee on Intelligence of the Senate;

(D) the Committee on Commerce, Science, and Transportation 

of the Senate;

(E) the Committee on Armed Services of the House of 

Representatives;

(F) the Committee on Homeland Security of the House of 

Representatives;

(G) the Committee on Oversight and Government Reform of the 

House of Representatives; and

(H) the Permanent Select Committee on Intelligence of the 

House of Representatives.

(2) DIRECTOR.—The term “Director” means the Director of the Office of 

Personnel Management.

(3) NATIONAL INITIATIVE FOR CYBERSECURITY EDUCATION.—The term 

“National Initiative for Cybersecurity Education” means the initiative 

under the national cybersecurity awareness and education program, as 

authorized under section 401 of the Cybersecurity Enhancement Act of 

2014 (15 U.S.C. 7451).

(4) WORK ROLES.—The term “work roles” means a specialized set of 

tasks and functions requiring specific knowledge, skills, and abilities.
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686

NATIONAL CYBERSECURITY WORKFORCE MEASUREMENT INITIATIVE

SEC. 303. [5 U.S.C. § 301 note]

(a) IN GENERAL.—The head of each Federal agency shall—

(1) identify all positions within the agency that require the performance 

of cybersecurity or other cyber-related functions; and

(2) assign the corresponding employment code under the National 

Initiative for Cybersecurity Education in accordance with subsection (b).

(b) EMPLOYMENT CODES.—

(1) PROCEDURES.—

(A) CODING STRUCTURE.—Not later than 180 days after the date 

of the enactment of this Act, the Director, in coordination with 

the National Institute of Standards and Technology, shall 

develop a coding structure under the National Initiative for 

Cybersecurity Education.

(B) IDENTIFICATION OF CIVILIAN CYBER PERSONNEL.—Not 

later than 9 months after the date of enactment of this Act, the 

Director, in coordination with the Secretary of Homeland 

Security, the Director of the National Institute of Standards and 

Technology, and the Director of National Intelligence, shall 

establish procedures to implement the National Initiative for 

Cybersecurity Education coding structure to identify all Federal 

civilian positions that require the performance of information 

technology, cybersecurity, or other cyber-related functions. 

(C) IDENTIFICATION OF NONCIVILIAN CYBER PERSONNEL.—Not 

later than 18 months after the date of enactment of this Act, the 

Secretary of Defense shall establish procedures to implement the 

National Initiative for Cybersecurity Education’s coding 

structure to identify all Federal noncivilian positions that require 

the performance of information technology, cybersecurity, or 

other cyber-related functions.

(D) BASELINE ASSESSMENT OF EXISTING CYBERSECURITY 

WORKFORCE.—Not later than 3 months after the date on which 

the procedures are developed under subparagraphs (B) and (C), 

respectively, the head of each Federal agency shall submit to the 

appropriate congressional committees of jurisdiction a report that 

identifies—

(i) the percentage of personnel with information 

technology, cybersecurity, or other cyber-related job 

functions who currently hold the appropriate industry-
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687

recognized certifications as identified under the National 

Initiative for Cybersecurity Education;

(ii) the level of preparedness of other civilian and 

noncivilian cyber personnel without existing credentials 

to take certification exams; and

(iii) a strategy for mitigating any gaps identified in 

clause (i) or (ii) with the appropriate training and 

certification for existing personnel.

(E) PROCEDURES FOR ASSIGNING CODES.—Not later than 3 

months after the date on which the procedures are developed 

under subparagraphs (B) and (C), respectively, the head of each 

Federal agency shall establish procedures—

(i) to identify all encumbered and vacant positions with 

information technology, cybersecurity, or other cyberrelated functions (as defined in the National Initiative for 

Cybersecurity Education’s coding structure); and

(ii) to assign the appropriate employment code to each 

such position, using agreed standards and definitions.

(2) CODE ASSIGNMENTS.—Not later than 1 year after the date after the 

procedures are established under paragraph (1)(E), the head of each 

Federal agency shall complete assignment of the appropriate 

employment code to each position within the agency with information 

technology, cybersecurity, or other cyber-related functions.

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

this Act, the Director shall submit a progress report on the implementation of this 

section to the appropriate congressional committees.

IDENTIFICATION OF CYBER-RELATED WORK ROLES OF CRITICAL NEED

SEC. 304. [5 U.S.C. § 301 note]

(a) IN GENERAL.—Beginning not later than 1 year after the date on which the 

employment codes are assigned to employees pursuant to section 303(b)(2), and 

annually thereafter through 2022, the head of each Federal agency, in 

consultation with the Director, the Director of the National Institute of Standards 

and Technology, and the Secretary of Homeland Security, shall—

(1) identify information technology, cybersecurity, or other cyber-related 

work roles of critical need in the agency’s workforce; and

(2) submit a report to the Director that—

(A) describes the information technology, cybersecurity, or other 

cyber-related roles identified under paragraph (1); and

(B) substantiates the critical need designations.
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(b) GUIDANCE.—The Director shall provide Federal agencies with timely 

guidance for identifying information technology, cybersecurity, or other cyberrelated roles of critical need, including—

(1) current information technology, cybersecurity, and other cyberrelated roles with acute skill shortages; and

(2) information technology, cybersecurity, or other cyber-related roles 

with emerging skill shortages. 

(c) CYBERSECURITY NEEDS REPORT.—Not later than 2 years after the date of the 

enactment of this Act, the Director, in consultation with the Secretary of 

Homeland Security, shall—

(1) identify critical needs for information technology, cybersecurity, or 

other cyber-related workforce across all Federal agencies; and

(2) submit a progress report on the implementation of this section to the 

appropriate congressional committees.

GOVERNMENT ACCOUNTABILITY OFFICE STATUS REPORTS

SEC. 305. [5 U.S.C. § 301 note]

The Comptroller General of the United States shall—

(1) analyze and monitor the implementation of sections 303 and 304; and

(2) not later than 3 years after the date of the enactment of this Act, submit a 

report to the appropriate congressional committees that describes the status of 

such implementation.

TITLE IV—OTHER CYBER MATTERS

FEDERAL COMPUTER SECURITY

SEC. 406.

(a) DEFINITIONS.—In this section:

(1) COVERED SYSTEM.—The term “covered system” shall mean a 

national security system as defined in section 11103 of title 40, United 

States Code, or a Federal computer system that provides access to 

personally identifiable information.

(2) COVERED AGENCY.—The term “covered agency” means an agency 

that operates a covered system.

(3) LOGICAL ACCESS CONTROL.—The term “logical access control”

means a process of granting or denying specific requests to obtain and 

use information and related information processing services.
CYBERSECURITY ACT OF 2015

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(4) MULTI-FACTOR AUTHENTICATION.—The term “multi-factor 

authentication” means the use of not fewer than 2 authentication factors, 

such as the following:

(A) Something that is known to the user, such as a password or 

personal identification number.

(B) An access device that is provided to the user, such as a 

cryptographic identification device or token.

(C) A unique biometric characteristic of the user.

(5) PRIVILEGED USER.—The term “privileged user” means a user who 

has access to system control, monitoring, or administrative functions.

(b) INSPECTOR GENERAL REPORTS ON COVERED SYSTEMS.—

(1) IN GENERAL.—Not later than 240 days after the date of enactment of 

this Act, the Inspector General of each covered agency shall submit to 

the appropriate committees of jurisdiction in the Senate and the House of 

Representatives a report, which shall include information collected from 

the covered agency for the contents described in paragraph (2) regarding 

the Federal computer systems of the covered agency.

(2) CONTENTS.—The report submitted by each Inspector General of a 

covered agency under paragraph (1) shall include, with respect to the 

covered agency, the following:

(A) A description of the logical access policies and practices 

used by the covered agency to access a covered system, 

including whether appropriate standards were followed.

(B) A description and list of the logical access controls and 

multi-factor authentication used by the covered agency to govern 

access to covered systems by privileged users.

(C) If the covered agency does not use logical access controls or 

multi-factor authentication to access a covered system, a 

description of the reasons for not using such logical access 

controls or multi-factor authentication.

(D) A description of the following information security 

management practices used by the covered agency regarding 

covered systems:

(i) The policies and procedures followed to conduct 

inventories of the software present on the covered 

systems of the covered agency and the licenses 

associated with such software. 

(ii) What capabilities the covered agency utilizes to 

monitor and detect exfiltration and other threats, 

including—

(I) data loss prevention capabilities;
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(II) forensics and visibility capabilities; or

(III) digital rights management capabilities.

(iii) A description of how the covered agency is using 

the capabilities described in clause (ii).

(iv) If the covered agency is not utilizing capabilities 

described in clause (ii), a description of the reasons for 

not utilizing such capabilities.

(E) A description of the policies and procedures of the covered 

agency with respect to ensuring that entities, including 

contractors, that provide services to the covered agency are 

implementing the information security management practices 

described in subparagraph (D).

(3) EXISTING REVIEW.—The reports required under this subsection may 

be based in whole or in part on an audit, evaluation, or report relating to 

programs or practices of the covered agency, and may be submitted as 

part of another report, including the report required under section 3555 of 

title 44, United States Code.

(4) CLASSIFIED INFORMATION.—Reports submitted under this subsection 

shall be in unclassified form, but may include a classified annex.
EXECUTIVE ORDER 12139, FOREIGN INTELLIGENCE ELECTRONIC 

SURVEILLANCE

691

EXECUTIVE ORDER 12139:

FOREIGN INTELLIGENCE ELECTRONIC SURVEILLANCE

[Signed: May 23, 1979, Federal Register Vol. 44, No. 103 (May 25, 1979),

as amended by EO 12333 (1981), EO 13383 (2005), and EO 13475 (2008)]

By the authority vested in me as President by Sections 102 and 104 of the 

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802 and 1804), in 

order to provide as set forth in that Act (this chapter) for the authorization of 

electronic surveillance for foreign intelligence purposes, it is hereby ordered as 

follows:

1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act 

of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve 

electronic surveillance to acquire foreign intelligence information without a court 

order, but only if the Attorney General makes the certifications required by that 

Section.

1-102. Pursuant to Section 102(b) of the Foreign Intelligence Act of 1978 (50 

U.S.C. 1802(b)), the Attorney General is authorized to approve applications to 

the court having jurisdiction under Section 103 of that Act (50 U.S.C. 1803) to 

obtain orders for electronic surveillance for the purpose of obtaining foreign 

intelligence information.

1-103. Pursuant to Section 104(a)(6) of the Foreign Intelligence Surveillance Act 

of 1978 (50 U.S.C. 1804(a)(6)), the following officials, each of whom is 

employed in the area of national security or defense, is designated to make the 

certifications required by Section 104(a)(6) of the Act in support of applications 

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 the Federal Bureau of Investigation.
EXECUTIVE ORDER 12139, FOREIGN INTELLIGENCE ELECTRONIC 

SURVEILLANCE

692

None of the above officials, nor anyone officially acting in that capacity, may 

exercise the authority to make the above certifications, unless that official has 

been appointed by the President with the advice and consent of the Senate. The 

requirement of the preceding sentence that the named official must be appointed 

by the President with the advice and consent of the Senate does not apply to the 

Deputy Director of the Federal Bureau of Investigation.

[Sections 1-104 and 1-105 amended EO 12036 which was revoked by EO 

12333.]

-/S/- Jimmy Carter.

THE WHITE HOUSE, 

May 23, 1979.
EXECUTIVE ORDER 12333, UNITED STATES INTELLIGENCE ACTIVITIES

693

EXECUTIVE ORDER 12333:

UNITED STATES INTELLIGENCE ACTIVITIES

[Signed: December 4, 1981, Federal Register Vol. 46, No. 235 (December 8, 

1981), as amended by EO 13284 (2003), EO 13355 (2004), and 

EO 13470 (2008)]

PREAMBLE

Timely, accurate, and insightful information about the activities, capabilities, 

plans, and intentions of foreign powers, organizations, and persons, and their 

agents, is essential to the national security of the United States. All reasonable 

and lawful means must be used to ensure that the United States will receive the 

best intelligence possible. For that purpose, by virtue of the authority vested in 

me by the Constitution and the laws of the United States of America, including 

the National Security Act of 1947, as amended, (Act) and as President of the 

United States of America, in order to provide for the effective conduct of United 

States intelligence activities and the protection of constitutional rights, it is 

hereby ordered as follows: 

PART 1 – GOALS, DIRECTIONS, DUTIES, AND RESPONSIBILITIES

WITH RESPECT TO UNITED STATES INTELLIGENCE EFFORTS

SECTION 1.1 GOALS. The United States intelligence effort shall provide the 

President, the National Security Council, and the Homeland Security Council 

with the necessary information on which to base decisions concerning the 

development and conduct of foreign, defense, and economic policies, and the 

protection of United States national interests from foreign security threats. All 

departments and agencies shall cooperate fully to fulfill this goal. 

(a) All means, consistent with applicable Federal law and this order, and with full 

consideration of the rights of United States persons, shall be used to obtain 

reliable intelligence information to protect the United States and its interests. 

(b) The United States Government has a solemn obligation, and shall continue in 

the conduct of intelligence activities under this order, to protect fully the legal 

rights of all United States persons, including freedoms, civil liberties, and privacy 

rights guaranteed by Federal law. 

(c) Intelligence collection under this order should be guided by the need for 

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 foreign powers 

or their intelligence services against the United States and its interests; 
EXECUTIVE ORDER 12333, UNITED STATES INTELLIGENCE ACTIVITIES

694

(2) Threats to the United States and its interests from terrorism; and 

(3) Threats to the United States and its interests from the development, 

possession, proliferation, or use of weapons of mass destruction. 

(e) Special emphasis shall be given to the production of timely, accurate, and 

insightful reports, responsive to decisionmakers in the executive branch, that 

draw on all appropriate sources of information, including open source 

information, meet rigorous analytic standards, consider diverse analytic 

viewpoints, and accurately represent appropriate alternative views. 

(f) State, local, and tribal governments are critical partners in securing and 

defending the United States from terrorism and other threats to the United States 

and its interests. Our national intelligence effort should take into account the 

responsibilities and requirements of State, local, and tribal governments and, as 

appropriate, private sector entities, when undertaking the collection and 

dissemination of information and intelligence to protect the United States. 

(g) All departments and agencies have a responsibility to prepare and to provide 

intelligence in a manner that allows the full and free exchange of information, 

consistent with applicable law and presidential guidance.

SEC. 1.2 THE NATIONAL SECURITY COUNCIL.

(a) PURPOSE. The National Security Council (NSC) shall act as the highest 

ranking executive branch entity that provides support to the President for review 

of, guidance for, and direction to the conduct of all foreign intelligence, 

counterintelligence, and covert action, and attendant policies and programs. 

(b) COVERT ACTION AND OTHER SENSITIVE INTELLIGENCE OPERATIONS. The 

NSC shall consider and submit to the President a policy recommendation, 

including all dissents, on each proposed covert action and conduct a periodic 

review of ongoing covert action activities, including an evaluation of the 

effectiveness and consistency with current national policy of such activities and 

consistency with applicable legal requirements. The NSC shall perform such 

other functions related to covert action as the President may direct, but shall not 

undertake the conduct of covert actions. The NSC shall also review proposals for 

other sensitive intelligence operations.

SEC. 1.3 DIRECTOR OF NATIONAL INTELLIGENCE. Subject to the authority, 

direction, and control of the President, the Director of National Intelligence 

(Director) shall serve as the head of the Intelligence Community, act as the 

principal adviser to the President, to the NSC, and to the Homeland Security 

Council for intelligence matters related to national security, and shall oversee and 

direct the implementation of the National Intelligence Program and execution of 

the National Intelligence Program budget. The Director will lead a unified, 

coordinated, and effective intelligence effort. In addition, the Director shall, in 
EXECUTIVE ORDER 12333, UNITED STATES INTELLIGENCE ACTIVITIES

695

carrying out the duties and responsibilities under this section, take into account 

the views of the heads of departments containing an element of the Intelligence 

Community and of the Director of the Central Intelligence Agency. 

(a) Except as otherwise directed by the President or prohibited by law, the 

Director shall have access to all information and intelligence described in section 

1.5(a) of this order. For the purpose of access to and sharing of information and 

intelligence, the Director: 

(1) Is hereby assigned the function under section 3(5) of the Act, to 

determine that intelligence, regardless of the source from which derived 

and including information gathered within or outside the United States, 

pertains to more than one United States Government agency; and 

(2) Shall develop guidelines for how information or intelligence is 

provided to or accessed by the Intelligence Community in accordance 

with section 1.5(a) of this order, and for how the information or 

intelligence may be used and shared by the Intelligence Community. All 

guidelines developed in accordance with this section shall be approved 

by the Attorney General and, where applicable, shall be consistent with 

guidelines issued pursuant to section 1016 of the Intelligence Reform and 

Terrorism Protection Act of 2004 (Public Law 108-458) (IRTPA). 

(b) In addition to fulfilling the obligations and responsibilities prescribed by the 

Act, the Director: 

(1) Shall establish objectives, priorities, and guidance for the Intelligence 

Community to ensure timely and effective collection, processing, 

analysis, and dissemination of intelligence, of whatever nature and from 

whatever source derived; 

(2) May designate, in consultation with affected heads of departments or 

Intelligence Community elements, one or more Intelligence Community 

elements to develop and to maintain services of common concern on 

behalf of the Intelligence Community if the Director determines such 

services can be more efficiently or effectively accomplished in a 

consolidated manner; 

(3) Shall oversee and provide advice to the President and the NSC with 

respect to all ongoing and proposed covert action programs; 

(4) In regard to the establishment and conduct of intelligence 

arrangements and agreements with foreign governments and 

international organizations: 

(A) May enter into intelligence and counterintelligence 

arrangements and agreements with foreign governments and 

international organizations; 
EXECUTIVE ORDER 12333, UNITED STATES INTELLIGENCE ACTIVITIES

696

(B) Shall formulate policies concerning intelligence and 

counterintelligence arrangements and agreements with foreign 

governments and international organizations; and 

(C) Shall align and synchronize intelligence and 

counterintelligence foreign relationships among the elements of 

the Intelligence Community to further United States national 

security, policy, and intelligence objectives; 

(5) Shall participate in the development of procedures approved by the 

Attorney General governing criminal drug intelligence activities abroad 

to ensure that these activities are consistent with foreign intelligence 

programs; 

(6) Shall establish common security and access standards for managing 

and handling intelligence systems, information, and products, with 

special emphasis on facilitating:

(A) The fullest and most prompt access to and dissemination of 

information and intelligence practicable, assigning the highest 

priority to detecting, preventing, preempting, and disrupting 

terrorist threats and activities against the United States, its 

interests, and allies; and 

(B) The establishment of standards for an interoperable 

information sharing enterprise that facilitates the sharing of 

intelligence information among elements of the Intelligence 

Community; 

(7) Shall ensure that appropriate departments and agencies have access to 

intelligence and receive the support needed to perform independent 

analysis; 

(8) Shall protect, and ensure that programs are developed to protect, 

intelligence sources, methods, and activities from unauthorized 

disclosure; 

(9) Shall, after consultation with the heads of affected departments and 

agencies, establish guidelines for Intelligence Community elements for: 

(A) Classification and declassification of all intelligence and 

intelligence-related information classified under the authority of 

the Director or the authority of the head of a department or 

Intelligence Community element; and 

(B) Access to and dissemination of all intelligence and 

intelligence-related information, both in its final form and in the 

form when initially gathered, to include intelligence originally 

classified by the head of a department or Intelligence 

Community element, except that access to and dissemination of 
EXECUTIVE ORDER 12333, UNITED STATES INTELLIGENCE ACTIVITIES

697

information concerning United States persons shall be governed 

by procedures developed in accordance with Part 2 of this order; 

(10) May, only with respect to Intelligence Community elements, and 

after consultation with the head of the originating Intelligence 

Community element or the head of the originating department, 

declassify, or direct the declassification of, information or intelligence 

relating to intelligence sources, methods, and activities. The Director 

may only delegate this authority to the Principal Deputy Director of 

National Intelligence; 

(11) May establish, operate, and direct one or more national intelligence 

centers to address intelligence priorities; 

(12) May establish Functional Managers and Mission Managers, and 

designate officers or employees of the United States to serve in these 

positions. 

(A) Functional Managers shall report to the Director concerning 

the execution of their duties as Functional Managers, and may be 

charged with developing and implementing strategic guidance, 

policies, and procedures for activities related to a specific 

intelligence discipline or set of intelligence activities; set training 

and tradecraft standards; and ensure coordination within and 

across intelligence disciplines and Intelligence Community 

elements and with related non-intelligence activities. Functional 

Managers may also advise the Director on: the management of 

resources; policies and procedures; collection capabilities and 

gaps; processing and dissemination of intelligence; technical 

architectures; and other issues or activities determined by the 

Director. 

(i) The Director of the National Security Agency is 

designated the Functional Manager for signals 

intelligence; 

(ii) The Director of the Central Intelligence Agency is 

designated the Functional Manager for human 

intelligence; and 

(iii) The Director of the National Geospatial-Intelligence 

Agency is designated the Functional Manager for 

geospatial intelligence. 

(B) Mission Managers shall serve as principal substantive 

advisors on all or specified aspects of intelligence related to 

designated countries, regions, topics, or functional issues; 

(13) Shall establish uniform criteria for the determination of relative 

priorities for the transmission of critical foreign intelligence, and advise 
EXECUTIVE ORDER 12333, UNITED STATES INTELLIGENCE ACTIVITIES

698

the Secretary of Defense concerning the communications requirements of

the Intelligence Community for the transmission of such 

communications; 

(14) Shall have ultimate responsibility for production and dissemination 

of intelligence produced by the Intelligence Community and authority to 

levy analytic tasks on intelligence production organizations within the 

Intelligence Community, in consultation with the heads of the 

Intelligence Community elements concerned; 

(15) May establish advisory groups for the purpose of obtaining advice 

from within the Intelligence Community to carry out the Director’s 

responsibilities, to include Intelligence Community executive 

management committees composed of senior Intelligence Community 

leaders. Advisory groups shall consist of representatives from elements 

of the Intelligence Community, as designated by the Director, or other 

executive branch departments, agencies, and offices, as appropriate; 

(16) Shall ensure the timely exploitation and dissemination of data 

gathered by national intelligence collection means, and ensure that the 

resulting intelligence is disseminated immediately to appropriate 

government elements, including military commands; 

(17) Shall determine requirements and priorities for, and manage and 

direct the tasking, collection, analysis, production, and dissemination of, 

national intelligence by elements of the Intelligence Community, 

including approving requirements for collection and analysis and 

resolving conflicts in collection requirements and in the tasking of 

national collection assets of Intelligence Community elements (except 

when otherwise directed by the President or when the Secretary of 

Defense exercises collection tasking authority under plans and 

arrangements approved by the Secretary of Defense and the Director); 

(18) May provide advisory tasking concerning collection and analysis of 

information or intelligence relevant to national intelligence or national 

security to departments, agencies, and establishments of the United 

States Government that are not elements of the Intelligence Community; 

and shall establish procedures, in consultation with affected heads of 

departments or agencies and subject to approval by the Attorney General, 

to implement this authority and to monitor or evaluate the responsiveness 

of United States Government departments, agencies, and other 

establishments; 

(19) Shall fulfill the responsibilities in section 1.3(b)(17) and (18) of this 

order, consistent with applicable law and with full consideration of the 

rights of United States persons, whether information is to be collected 

inside or outside the United States; 
EXECUTIVE ORDER 12333, UNITED STATES INTELLIGENCE ACTIVITIES

699

(20) Shall ensure, through appropriate policies and procedures, the 

deconfliction, coordination, and integration of all intelligence activities 

conducted by an Intelligence Community element or funded by the 

National Intelligence Program. In accordance with these policies and 

procedures: 

(A) The Director of the Federal Bureau of Investigation shall 

coordinate the clandestine collection of foreign intelligence 

collected through human sources or through human-enabled 

means and counterintelligence activities inside the United States; 

(B) The Director of the Central Intelligence Agency shall 

coordinate the clandestine collection of foreign intelligence 

collected through human sources or through human-enabled 

means and counterintelligence activities outside the United 

States; 

(C) All policies and procedures for the coordination of 

counterintelligence activities and the clandestine collection of 

foreign intelligence inside the United States shall be subject to 

the approval of the Attorney General; and 

(D) All policies and procedures developed under this section 

shall be coordinated with the heads of affected departments and 

Intelligence Community elements; 

(21) Shall, with the concurrence of the heads of affected departments and 

agencies, establish joint procedures to deconflict, coordinate, and 

synchronize intelligence activities conducted by an Intelligence 

Community element or funded by the National Intelligence Program, 

with intelligence activities, activities that involve foreign intelligence and 

security services, or activities that involve the use of clandestine 

methods, conducted by other United States Government departments, 

agencies, and establishments; 

(22) Shall, in coordination with the heads of departments containing 

elements of the Intelligence Community, develop procedures to govern 

major system acquisitions funded in whole or in majority part by the 

National Intelligence Program; 

(23) Shall seek advice from the Secretary of State to ensure that the 

foreign policy implications of proposed intelligence activities are 

considered, and shall ensure, through appropriate policies and 

procedures, that intelligence activities are conducted in a manner 

consistent with the responsibilities pursuant to law and presidential 

direction of Chiefs of United States Missions; and 

(24) Shall facilitate the use of Intelligence Community products by the 

Congress in a secure manner. 
EXECUTIVE ORDER 12333, UNITED STATES INTELLIGENCE ACTIVITIES

700

(c) The Director’s exercise of authorities in the Act and this order shall not 

abrogate the statutory or other responsibilities of the heads of departments of the 

United States Government or the Director of the Central Intelligence Agency. 

Directives issued and actions taken by the Director in the exercise of the 

Director’s authorities and responsibilities to integrate, coordinate, and make the 

Intelligence Community more effective in providing intelligence related to 

national security shall be implemented by the elements of the Intelligence 

Community, provided that any department head whose department contains an 

element of the Intelligence Community and who believes that a directive or 

action of the Director violates the requirements of section 1018 of the IRTPA or 

this subsection shall bring the issue to the attention of the Director, the NSC, or 

the President for resolution in a manner that respects and does not abrogate the 

statutory responsibilities of the heads of the departments. 

(d) APPOINTMENTS TO CERTAIN POSITIONS.

(1) The relevant department or bureau head shall provide 

recommendations and obtain the concurrence of the Director for the 

selection of: the Director of the National Security Agency, the Director 

of the National Reconnaissance Office, the Director of the National 

Geospatial-Intelligence Agency, the Under Secretary of Homeland 

Security for Intelligence and Analysis, the Assistant Secretary of State 

for Intelligence and Research, the Director of the Office of Intelligence 

and Counterintelligence of the Department of Energy, the Assistant 

Secretary for Intelligence and Analysis of the Department of the 

Treasury, and the Executive Assistant Director for the National Security 

Branch of the Federal Bureau of Investigation. If the Director does not 

concur in the recommendation, the department head may not fill the 

vacancy or make the recommendation to the President, as the case may 

be. If the department head and the Director do not reach an agreement on 

the selection or recommendation, the Director and the department head 

concerned may advise the President directly of the Director’s intention to 

withhold concurrence. 

(2) The relevant department head shall consult with the Director before 

appointing an individual to fill a vacancy or recommending to the 

President an individual be nominated to fill a vacancy in any of the 

following positions: the Under Secretary of Defense for Intelligence; the 

Director of the Defense Intelligence Agency; uniformed heads of the 

intelligence elements of the Army, the Navy, the Air Force, and the 

Marine Corps above the rank of Major General or Rear Admiral; the 

Assistant Commandant of the Coast Guard for Intelligence; and the 

Assistant Attorney General for National Security. 
EXECUTIVE ORDER 12333, UNITED STATES INTELLIGENCE ACTIVITIES

701

(e) REMOVAL FROM CERTAIN POSITIONS.

(1) Except for the Director of the Central Intelligence Agency, whose 

removal the Director may recommend to the President, the Director and 

the relevant department head shall consult on the removal, or 

recommendation to the President for removal, as the case may be, of: the 

Director of the National Security Agency, the Director of the National 

Geospatial-Intelligence Agency, the Director of the Defense Intelligence 

Agency, the Under Secretary of Homeland Security for Intelligence and 

Analysis, the Assistant Secretary of State for Intelligence and Research, 

and the Assistant Secretary for Intelligence and Analysis of the 

Department of the Treasury. If the Director and the department head do 

not agree on removal, or recommendation for removal, either may make 

a recommendation to the President for the removal of the individual. 

(2) The Director and the relevant department or bureau head shall consult 

on the removal of: the Executive Assistant Director for the National 

Security Branch of the Federal Bureau of Investigation, the Director of 

the Office of Intelligence and Counterintelligence of the Department of 

Energy, the Director of the National Reconnaissance Office, the 

Assistant Commandant of the Coast Guard for Intelligence, and the 

Under Secretary of Defense for Intelligence. With respect to an 

individual appointed by a department head, the department head may 

remove the individual upon the request of the Director; if the department 

head chooses not to remove the individual, either the Director or the 

department head may advise the President of the department head’s 

intention to retain the individual. In the case of the Under Secretary of 

Defense for Intelligence, the Secretary of Defense may recommend to 

the President either the removal or the retention of the individual. For 

uniformed heads of the intelligence elements of the Army, the Navy, the 

Air Force, and the Marine Corps, the Director may make a 

recommendation for removal to the Secretary of Defense. 

(3) Nothing in this subsection shall be construed to limit or otherwise 

affect the authority of the President to nominate, appoint, assign, or 

terminate the appointment or assignment of any individual, with or 

without a consultation, recommendation, or concurrence. 

SEC. 1.4 THE INTELLIGENCE COMMUNITY. Consistent with applicable Federal 

law and with the other provisions of this order, and under the leadership of the 

Director, as specified in such law and this order, the Intelligence Community 

shall: 

(a) Collect and provide information needed by the President and, in the 

performance of executive functions, the Vice President, the NSC, the Homeland 
EXECUTIVE ORDER 12333, UNITED STATES INTELLIGENCE ACTIVITIES

702

Security Council, the Chairman of the Joint Chiefs of Staff, senior military 

commanders, and other executive branch officials and, as appropriate, the 

Congress of the United States; 

(b) In accordance with priorities set by the President, collect information 

concerning, and conduct activities to protect against, international terrorism, 

proliferation of weapons of mass destruction, intelligence activities directed 

against the United States, international criminal drug activities, and other hostile 

activities directed against the United States by foreign powers, organizations, 

persons, and their agents; 

(c) Analyze, produce, and disseminate intelligence; 

(d) Conduct administrative, technical, and other support activities within the 

United States and abroad necessary for the performance of authorized activities, 

to include providing services of common concern for the Intelligence Community 

as designated by the Director in accordance with this order; 

(e) Conduct research, development, and procurement of technical systems and 

devices relating to authorized functions and missions or the provision of services 

of common concern for the Intelligence Community; 

(f) Protect the security of intelligence related activities, information, installations, 

property, and employees by appropriate means, including such investigations of 

applicants, employees, contractors, and other persons with similar associations 

with the Intelligence Community elements as are necessary; 

(g) Take into account State, local, and tribal governments’ and, as appropriate, 

private sector entities’ information needs relating to national and homeland 

security; 

(h) Deconflict, coordinate, and integrate all intelligence activities and other 

information gathering in accordance with section 1.3(b)(20) of this order; and

(i) Perform such other functions and duties related to intelligence activities as the 

President may direct.

SEC. 1.5 DUTIES AND RESPONSIBILITIES OF THE HEADS OF EXECUTIVE BRANCH 

DEPARTMENTS AND AGENCIES. The heads of all departments and agencies shall:

(a) Provide the Director access to all information and intelligence relevant to the 

national security or that otherwise is required for the performance of the 

Director’s duties, to include administrative and other appropriate management 

information, except such information excluded by law, by the President, or by the 

Attorney General acting under this order at the direction of the President; 

(b) Provide all programmatic and budgetary information necessary to support the 

Director in developing the National Intelligence Program; 

(c) Coordinate development and implementation of intelligence systems and 

architectures and, as appropriate, operational systems and architectures of their 

departments, agencies, and other elements with the Director to respond to 
EXECUTIVE ORDER 12333, UNITED STATES INTELLIGENCE ACTIVITIES

703

national intelligence requirements and all applicable information sharing and 

security guidelines, information privacy, and other legal requirements; 

(d) Provide, to the maximum extent permitted by law, subject to the availability 

of appropriations and not inconsistent with the mission of the department or 

agency, such further support to the Director as the Director may request, after 

consultation with the head of the department or agency, for the performance of 

the Director’s functions; 

(e) Respond to advisory tasking from the Director under section 1.3(b)(18) of this 

order to the greatest extent possible, in accordance with applicable policies 

established by the head of the responding department or agency; 

(f) Ensure that all elements within the department or agency comply with the 

provisions of Part 2 of this order, regardless of Intelligence Community 

affiliation, when performing foreign intelligence and counterintelligence 

functions; 

(g) Deconflict, coordinate, and integrate all intelligence activities in accordance 

with section 1.3(b)(20), and intelligence and other activities in accordance with 

section 1.3(b)(21) of this order; 

(h) Inform the Attorney General, either directly or through the Federal Bureau of 

Investigation, and the Director of clandestine collection of foreign intelligence 

and counterintelligence activities inside the United States not coordinated with 

the Federal Bureau of Investigation; 

(i) Pursuant to arrangements developed by the head of the department or agency 

and the Director of the Central Intelligence Agency and approved by the 

Director, inform the Director and the Director of the Central Intelligence Agency, 

either directly or through his designee serving outside the United States, as 

appropriate, of clandestine collection of foreign intelligence collected through 

human sources or through human-enabled means outside the United States that 

has not been coordinated with the Central Intelligence Agency; and 

(j) Inform the Secretary of Defense, either directly or through his designee, as 

appropriate, of clandestine collection of foreign intelligence outside the United 

States in a region of combat or contingency military operations designated by the 

Secretary of Defense, for purposes of this paragraph, after consultation with the 

Director of National Intelligence. 

SEC. 1.6 HEADS OF ELEMENTS OF THE INTELLIGENCE COMMUNITY. The heads of 

elements of the Intelligence Community shall: 

(a) Provide the Director access to all information and intelligence relevant to the 

national security or that otherwise is required for the performance of the 

Director’s duties, to include administrative and other appropriate management 

information, except such information excluded by law, by the President, or by the 

Attorney General acting under this order at the direction of the President; 
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(b) Report to the Attorney General possible violations of Federal criminal laws 

by employees and of specified Federal criminal laws by any other person as 

provided in procedures agreed upon by the Attorney General and the head of the 

department, agency, or establishment concerned, in a manner consistent with the 

protection of intelligence sources and methods, as specified in those procedures; 

(c) Report to the Intelligence Oversight Board, consistent with Executive Order 

13462 of February 29, 2008, and provide copies of all such reports to the 

Director, concerning any intelligence activities of their elements that they have 

reason to believe may be unlawful or contrary to executive order or presidential 

directive; 

(d) Protect intelligence and intelligence sources, methods, and activities from 

unauthorized disclosure in accordance with guidance from the Director; 

(e) Facilitate, as appropriate, the sharing of information or intelligence, as 

directed by law or the President, to State, local, tribal, and private sector entities; 

(f) Disseminate information or intelligence to foreign governments and 

international organizations under intelligence or counterintelligence 

arrangements or agreements established in accordance with section 1.3(b)(4) of 

this order; 

(g) Participate in the development of procedures approved by the Attorney 

General governing production and dissemination of information or intelligence 

resulting from criminal drug intelligence activities abroad if they have 

intelligence responsibilities for foreign or domestic criminal drug production and 

trafficking; and 

(h) Ensure that the inspectors general, general counsels, and agency officials 

responsible for privacy or civil liberties protection for their respective 

organizations have access to any information or intelligence necessary to perform 

their official duties. 

SEC. 1.7 INTELLIGENCE COMMUNITY ELEMENTS. Each element of the 

Intelligence Community shall have the duties and responsibilities specified 

below, in addition to those specified by law or elsewhere in this order. 

Intelligence Community elements within executive departments shall serve the 

information and intelligence needs of their respective heads of departments and 

also shall operate as part of an integrated Intelligence Community, as provided in 

law or this order. 

(a) THE CENTRAL INTELLIGENCE AGENCY. The Director of the Central 

Intelligence Agency shall: 

(1) Collect (including through clandestine means), analyze, produce, and 

disseminate foreign intelligence and counterintelligence; 

(2) Conduct counterintelligence activities without assuming or 

performing any internal security functions within the United States; 
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(3) Conduct administrative and technical support activities within and 

outside the United States as necessary for cover and proprietary 

arrangements; 

(4) Conduct covert action activities approved by the President. No 

agency except the Central Intelligence Agency (or the Armed Forces of 

the United States in time of war declared by the Congress or during any 

period covered by a report from the President to the Congress consistent 

with the War Powers Resolution, Public Law 93-148) may conduct any 

covert action activity unless the President determines that another agency 

is more likely to achieve a particular objective; 

(5) Conduct foreign intelligence liaison relationships with intelligence or 

security services of foreign governments or international organizations 

consistent with section 1.3(b)(4) of this order; 

(6) Under the direction and guidance of the Director, and in accordance 

with section 1.3(b)(4) of this order, coordinate the implementation of 

intelligence and counterintelligence relationships between elements of 

the Intelligence Community and the intelligence or security services of 

foreign governments or international organizations; and 

(7) Perform such other functions and duties related to intelligence as the 

Director may direct. 

(b) THE DEFENSE INTELLIGENCE AGENCY. The Director of the Defense 

Intelligence Agency shall: 

(1) Collect (including through clandestine means), analyze, produce, and 

disseminate foreign intelligence and counterintelligence to support 

national and departmental missions; 

(2) Collect, analyze, produce, or, through tasking and coordination, 

provide defense and defense-related intelligence for the Secretary of 

Defense, the Chairman of the Joint Chiefs of Staff, combatant 

commanders, other Defense components, and non-Defense agencies; 

(3) Conduct counterintelligence activities; 

(4) Conduct administrative and technical support activities within and 

outside the United States as necessary for cover and proprietary 

arrangements; 

(5) Conduct foreign defense intelligence liaison relationships and defense 

intelligence exchange programs with foreign defense establishments, 

intelligence or security services of foreign governments, and 

international organizations in accordance with sections 1.3(b)(4), 

1.7(a)(6), and 1.10(i) of this order; 

(6) Manage and coordinate all matters related to the Defense Attaché 

system; and 
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(7) Provide foreign intelligence and counterintelligence staff support as 

directed by the Secretary of Defense. 

(c) THE NATIONAL SECURITY AGENCY. The Director of the National 

Security Agency shall: 

(1) Collect (including through clandestine means), process, analyze, 

produce, and disseminate signals intelligence information and data for 

foreign intelligence and counterintelligence purposes to support national 

and departmental missions; 

(2) Establish and operate an effective unified organization for signals 

intelligence activities, except for the delegation of operational control 

over certain operations that are conducted through other elements of the 

Intelligence Community. No other department or agency may engage in 

signals intelligence activities except pursuant to a delegation by the 

Secretary of Defense, after coordination with the Director; 

(3) Control signals intelligence collection and processing activities, 

including assignment of resources to an appropriate agent for such 

periods and tasks as required for the direct support of military 

commanders; 

(4) Conduct administrative and technical support activities within and 

outside the United States as necessary for cover arrangements; 

(5) Provide signals intelligence support for national and departmental 

requirements and for the conduct of military operations; 

(6) Act as the National Manager for National Security Systems as 

established in law and policy, and in this capacity be responsible to the 

Secretary of Defense and to the Director; 

(7) Prescribe, consistent with section 102A(g) of the Act, within its field 

of authorized operations, security regulations covering operating 

practices, including the transmission, handling, and distribution of 

signals intelligence and communications security material within and 

among the elements under control of the Director of the National 

Security Agency, and exercise the necessary supervisory control to 

ensure compliance with the regulations; and 

(8) Conduct foreign cryptologic liaison relationships in accordance with 

sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order. 

(d) THE NATIONAL RECONNAISSANCE OFFICE. The Director of the 

National Reconnaissance Office shall: 

(1) Be responsible for research and development, acquisition, launch, 

deployment, and operation of overhead systems and related data 

processing facilities to collect intelligence and information to support 

national and departmental missions and other United States Government 

needs; and 
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(2) Conduct foreign liaison relationships relating to the above missions, 

in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order. 

(e) THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY. The Director 

of the National Geospatial-Intelligence Agency shall: 

(1) Collect, process, analyze, produce, and disseminate geospatial 

intelligence information and data for foreign intelligence and 

counterintelligence purposes to support national and departmental 

missions; 

(2) Provide geospatial intelligence support for national and departmental 

requirements and for the conduct of military operations; 

(3) Conduct administrative and technical support activities within and 

outside the United States as necessary for cover arrangements; and 

(4) Conduct foreign geospatial intelligence liaison relationships, in 

accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order. 

(f) THE INTELLIGENCE AND COUNTERINTELLIGENCE ELEMENTS OF

THE ARMY, NAVY, AIR FORCE, AND MARINE CORPS. The Commanders 

and heads of the intelligence and counterintelligence elements of the Army, 

Navy, Air Force, and Marine Corps shall: 

(1) Collect (including through clandestine means), produce, analyze, and 

disseminate defense and defense-related intelligence and 

counterintelligence to support departmental requirements, and, as 

appropriate, national requirements; 

(2) Conduct counterintelligence activities; 

(3) Monitor the development, procurement, and management of tactical 

intelligence systems and equipment and conduct related research, 

development, and test and evaluation activities; and 

(4) Conduct military intelligence liaison relationships and military

intelligence exchange programs with selected cooperative foreign 

defense establishments and international organizations in accordance 

with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order. 

(g) INTELLIGENCE ELEMENTS OF THE FEDERAL BUREAU OF

INVESTIGATION. Under the supervision of the Attorney General and pursuant 

to such regulations as the Attorney General may establish, the intelligence 

elements of the Federal Bureau of Investigation shall: 

(1) Collect (including through clandestine means), analyze, produce, and 

disseminate foreign intelligence and counterintelligence to support 

national and departmental missions, in accordance with procedural 

guidelines approved by the Attorney General, after consultation with the 

Director; 

(2) Conduct counterintelligence activities; and 
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(3) Conduct foreign intelligence and counterintelligence liaison 

relationships with intelligence, security, and law enforcement services of 

foreign governments or international organizations in accordance with 

sections 1.3(b)(4) and 1.7(a)(6) of this order. 

(h) THE INTELLIGENCE AND COUNTERINTELLIGENCE ELEMENTS OF

THE COAST GUARD. The Commandant of the Coast Guard shall: 

(1) Collect (including through clandestine means), analyze, produce, and 

disseminate foreign intelligence and counterintelligence including 

defense and defense-related information and intelligence to support 

national and departmental missions; 

(2) Conduct counterintelligence activities; 

(3) Monitor the development, procurement, and management of tactical 

intelligence systems and equipment and conduct related research, 

development, and test and evaluation activities; and 

(4) Conduct foreign intelligence liaison relationships and intelligence 

exchange programs with foreign intelligence services, security services

or international organizations in accordance with sections 1.3(b)(4), 

1.7(a)(6), and, when operating as part of the Department of Defense, 

1.10(i) of this order. 

(i) THE BUREAU OF INTELLIGENCE AND RESEARCH, DEPARTMENT

OF STATE; THE OFFICE OF INTELLIGENCE AND ANALYSIS,

DEPARTMENT OF THE TREASURY; THE OFFICE OF NATIONAL

SECURITY INTELLIGENCE, DRUG ENFORCEMENT ADMINISTRATION;

THE OFFICE OF INTELLIGENCE AND ANALYSIS, DEPARTMENT OF

HOMELAND SECURITY; AND THE OFFICE OF INTELLIGENCE AND

COUNTERINTELLIGENCE, DEPARTMENT OF ENERGY. The heads of the 

Bureau of Intelligence and Research, Department of State; the Office of 

Intelligence and Analysis, Department of the Treasury; the Office of National 

Security Intelligence, Drug Enforcement Administration; the Office of 

Intelligence and Analysis, Department of Homeland Security; and the Office of 

Intelligence and Counterintelligence, Department of Energy shall: 

(1) Collect (overtly or through publicly available sources), analyze, 

produce, and disseminate information, intelligence, and 

counterintelligence to support national and departmental missions; and 

(2) Conduct and participate in analytic or information exchanges with 

foreign partners and international organizations in accordance with 

sections 1.3(b)(4) and 1.7(a)(6) of this order. 

(j) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. The 

Director shall collect (overtly or through publicly available sources), analyze, 

produce, and disseminate information, intelligence, and counterintelligence to 

support the missions of the Office of the Director of National Intelligence, 
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709

including the National Counterterrorism Center, and to support other national 

missions. 

SEC. 1.8 THE DEPARTMENT OF STATE. In addition to the authorities exercised by 

the Bureau of Intelligence and Research under sections 1.4 and 1.7(i) of this 

order, the Secretary of State shall: 

(a) Collect (overtly or through publicly available sources) information relevant to 

United States foreign policy and national security concerns; 

(b) Disseminate, to the maximum extent possible, reports received from United 

States diplomatic and consular posts; 

(c) Transmit reporting requirements and advisory taskings of the Intelligence 

Community to the Chiefs of United States Missions abroad; and 

(d) Support Chiefs of United States Missions in discharging their responsibilities 

pursuant to law and presidential direction. 

SEC. 1.9 THE DEPARTMENT OF THE TREASURY. In addition to the authorities 

exercised by the Office of Intelligence and Analysis of the Department of the 

Treasury under sections 1.4 and 1.7(i) of this order the Secretary of the Treasury 

shall collect (overtly or through publicly available sources) foreign financial 

information and, in consultation with the Department of State, foreign economic 

information. 

SEC. 1.10 THE DEPARTMENT OF DEFENSE. The Secretary of Defense shall: 

(a) Collect (including through clandestine means), analyze, produce, and 

disseminate information and intelligence and be responsive to collection tasking 

and advisory tasking by the Director; 

(b) Collect (including through clandestine means), analyze, produce, and 

disseminate defense and defense-related intelligence and counterintelligence, as 

required for execution of the Secretary’s responsibilities; 

(c) Conduct programs and missions necessary to fulfill national, departmental, 

and tactical intelligence requirements; 

(d) Conduct counterintelligence activities in support of Department of Defense 

components and coordinate counterintelligence activities in accordance with 

section 1.3(b)(20) and (21) of this order; 

(e) Act, in coordination with the Director, as the executive agent of the United 

States Government for signals intelligence activities; 

(f) Provide for the timely transmission of critical intelligence, as defined by the 

Director, within the United States Government; 

(g) Carry out or contract for research, development, and procurement of technical 

systems and devices relating to authorized intelligence functions; 
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710

(h) Protect the security of Department of Defense installations, activities, 

information, property, and employees by appropriate means, including such 

investigations of applicants, employees, contractors, and other persons with 

similar associations with the Department of Defense as are necessary; 

(i) Establish and maintain defense intelligence relationships and defense 

intelligence exchange programs with selected cooperative foreign defense 

establishments, intelligence or security services of foreign governments, and 

international organizations, and ensure that such relationships and programs are 

in accordance with sections 1.3(b)(4), 1.3(b)(21) and 1.7(a)(6) of this order; 

(j) Conduct such administrative and technical support activities within and 

outside the United States as are necessary to provide for cover and proprietary 

arrangements, to perform the functions described in sections (a) through (i) 

above, and to support the Intelligence Community elements of the Department of 

Defense; and 

(k) Use the Intelligence Community elements within the Department of Defense 

identified in section 1.7(b) through (f) and, when the Coast Guard is operating as 

part of the Department of Defense, (h) above to carry out the Secretary of 

Defense’s responsibilities assigned in this section or other departments, agencies, 

or offices within the Department of Defense, as appropriate, to conduct the 

intelligence missions and responsibilities assigned to the Secretary of Defense. 

SEC. 1.11 THE DEPARTMENT OF HOMELAND SECURITY. In addition to the 

authorities exercised by the Office of Intelligence and Analysis of the 

Department of Homeland Security under sections 1.4 and 1.7(i) of this order, the 

Secretary of Homeland Security shall conduct, through the United States Secret 

Service, activities to determine the existence and capability of surveillance 

equipment being used against the President or the Vice President of the United 

States, the Executive Office of the President, and, as authorized by the Secretary 

of Homeland Security or the President, other Secret Service protectees and 

United States officials. No information shall be acquired intentionally through 

such activities except to protect against use of such surveillance equipment, and 

those activities shall be conducted pursuant to procedures agreed upon by the 

Secretary of Homeland Security and the Attorney General. 

SEC. 1.12 THE DEPARTMENT OF ENERGY. In addition to the authorities exercised 

by the Office of Intelligence and Counterintelligence of the Department of 

Energy under sections 1.4 and 1.7(i) of this order, the Secretary of Energy shall: 

(a) Provide expert scientific, technical, analytic, and research capabilities to other 

agencies within the Intelligence Community, as appropriate; 

(b) Participate in formulating intelligence collection and analysis requirements 

where the special expert capability of the Department can contribute; and 
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711

(c) Participate with the Department of State in overtly collecting information 

with respect to foreign energy matters. 

SEC. 1.13 THE FEDERAL BUREAU OF INVESTIGATION. In addition to the 

authorities exercised by the intelligence elements of the Federal Bureau of 

Investigation of the Department of Justice under sections 1.4 and 1.7(g) of this 

order and under the supervision of the Attorney General and pursuant to such 

regulations as the Attorney General may establish, the Director of the Federal 

Bureau of Investigation shall provide technical assistance, within or outside the 

United States, to foreign intelligence and law enforcement services, consistent 

with section 1.3(b)(20) and (21) of this order, as may be necessary to support 

national or departmental missions. 

PART 2 – CONDUCT OF INTELLIGENCE ACTIVITIES

SEC. 2.1 NEED. Timely, accurate, and insightful information about the activities, 

capabilities, plans, and intentions of foreign powers, organizations, and persons, 

and their agents, is essential to informed decisionmaking in the areas of national 

security, national defense, and foreign relations. Collection of such information is 

a priority objective and will be pursued in a vigorous, innovative, and responsible 

manner that is consistent with the Constitution and applicable law and respectful 

of the principles upon which the United States was founded. 

SEC. 2.2 PURPOSE. This Order is intended to enhance human and technical 

collection techniques, especially those undertaken abroad, and the acquisition of 

significant foreign intelligence, as well as the detection and countering of 

international terrorist activities, the spread of weapons of mass destruction, and 

espionage conducted by foreign powers. Set forth below are certain general 

principles that, in addition to and consistent with applicable laws, are intended to 

achieve the proper balance between the acquisition of essential information and 

protection of individual interests. Nothing in this Order shall be construed to 

apply to or interfere with any authorized civil or criminal law enforcement 

responsibility of any department or agency. 

SEC. 2.3 COLLECTION OF INFORMATION. Elements of the Intelligence 

Community are authorized to collect, retain, or disseminate information 

concerning United States persons only in accordance with procedures established 

by the head of the Intelligence Community element concerned or by the head of a 

department containing such element and approved by the Attorney General, 

consistent with the authorities provided by Part 1 of this Order, after consultation 
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with the Director. Those procedures shall permit collection, retention, and 

dissemination of the following types of information: 

(a) Information that is publicly available or collected with the consent of the 

person concerned; 

(b) Information constituting foreign intelligence or counterintelligence, including 

such information concerning corporations or other commercial organizations. 

Collection within the United States of foreign intelligence not otherwise 

obtainable shall be undertaken by the Federal Bureau of Investigation (FBI) or, 

when significant foreign intelligence is sought, by other authorized elements of 

the Intelligence Community, provided that no foreign intelligence collection by 

such elements may be undertaken for the purpose of acquiring information 

concerning the domestic activities of United States persons; 

(c) Information obtained in the course of a lawful foreign intelligence, 

counterintelligence, international drug or international terrorism investigation; 

(d) Information needed to protect the safety of any persons or organizations, 

including those who are targets, victims, or hostages of international terrorist 

organizations; 

(e) Information needed to protect foreign intelligence or counterintelligence 

sources, methods, and activities from unauthorized disclosure. Collection within 

the United States shall be undertaken by the FBI except that other elements of the 

Intelligence Community may also collect such information concerning present or 

former employees, present or former intelligence element contractors or their 

present or former employees, or applicants for such employment or contracting; 

(f) Information concerning persons who are reasonably believed to be potential 

sources or contacts for the purpose of determining their suitability or credibility; 

(g) Information arising out of a lawful personnel, physical, or communications 

security investigation; 

(h) Information acquired by overhead reconnaissance not directed at specific 

United States persons; 

(i) Incidentally obtained information that may indicate involvement in activities 

that may violate Federal, state, local, or foreign laws; and 

(j) Information necessary for administrative purposes. 

In addition, elements of the Intelligence Community may disseminate 

information to each appropriate element within the Intelligence Community for 

purposes of allowing the recipient element to determine whether the information 

is relevant to its responsibilities and can be retained by it, except that information 

derived from signals intelligence may only be disseminated or made available to 

Intelligence Community elements in accordance with procedures established by 

the Director in coordination with the Secretary of Defense and approved by the 

Attorney General. 
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SEC. 2.4 COLLECTION TECHNIQUES. Elements of the Intelligence Community 

shall use the least intrusive collection techniques feasible within the United 

States or directed against United States persons abroad. Elements of the 

Intelligence Community are not authorized to use such techniques as electronic 

surveillance, unconsented physical searches, mail surveillance, physical 

surveillance, or monitoring devices unless they are in accordance with 

procedures established by the head of the Intelligence Community element 

concerned or the head of a department containing such element and approved by 

the Attorney General, after consultation with the Director. Such procedures shall 

protect constitutional and other legal rights and limit use of such information to 

lawful governmental purposes. These procedures shall not authorize: 

(a) The Central Intelligence Agency (CIA) to engage in electronic surveillance 

within the United States except for the purpose of training, testing, or conducting 

countermeasures to hostile electronic surveillance; 

(b) Unconsented physical searches in the United States by elements of the 

Intelligence Community other than the FBI, except for: 

(1) Searches by counterintelligence elements of the military services 

directed against military personnel within the United States or abroad for 

intelligence purposes, when authorized by a military commander 

empowered to approve physical searches for law enforcement purposes, 

based upon a finding of probable cause to believe that such persons are 

acting as agents of foreign powers; and 

(2) Searches by CIA of personal property of non-United States persons 

lawfully in its possession; 

(c) Physical surveillance of a United States person in the United States by 

elements of the Intelligence Community other than the FBI, except for: 

(1) Physical surveillance of present or former employees, present or 

former intelligence element contractors or their present or former 

employees, or applicants for any such employment or contracting; and 

(2) Physical surveillance of a military person employed by a nonintelligence element of a military service; and 

(d) Physical surveillance of a United States person abroad to collect foreign 

intelligence, except to obtain significant information that cannot reasonably be 

acquired by other means. 

SEC. 2.5 ATTORNEY GENERAL APPROVAL. The Attorney General hereby is 

delegated the power to approve the use for intelligence purposes, within the 

United States or against a United States person abroad, of any technique for 

which a warrant would be required if undertaken for law enforcement purposes, 

provided that such techniques shall not be undertaken unless the Attorney 

General has determined in each case that there is probable cause to believe that 
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714

the technique is directed against a foreign power or an agent of a foreign power. 

The authority delegated pursuant to this paragraph, including the authority to 

approve the use of electronic surveillance as defined in the Foreign Intelligence 

Surveillance Act of 1978, as amended, shall be exercised in accordance with that 

Act. 

SEC. 2.6 ASSISTANCE TO LAW ENFORCEMENT AND OTHER CIVIL AUTHORITIES. 

Elements of the Intelligence Community are authorized to: 

(a) Cooperate with appropriate law enforcement agencies for the purpose of 

protecting the employees, information, property, and facilities of any element of 

the Intelligence Community; 

(b) Unless otherwise precluded by law or this Order, participate in law 

enforcement activities to investigate or prevent clandestine intelligence activities 

by foreign powers, or international terrorist or narcotics activities; 

(c) Provide specialized equipment, technical knowledge, or assistance of expert 

personnel for use by any department or agency, or when lives are endangered, to 

support local law enforcement agencies. Provision of assistance by expert 

personnel shall be approved in each case by the general counsel of the providing 

element or department; and 

(d) Render any other assistance and cooperation to law enforcement or other civil 

authorities not precluded by applicable law. 

SEC. 2.7 CONTRACTING. Elements of the Intelligence Community are authorized 

to enter into contracts or arrangements for the provision of goods or services with 

private companies or institutions in the United States and need not reveal the 

sponsorship of such contracts or arrangements for authorized intelligence 

purposes. Contracts or arrangements with academic institutions may be 

undertaken only with the consent of appropriate officials of the institution.

SEC. 2.8 CONSISTENCY WITH OTHER LAWS. Nothing in this Order shall be 

construed to authorize any activity in violation of the Constitution or statutes of 

the United States. 

SEC. 2.9 UNDISCLOSED PARTICIPATION IN ORGANIZATIONS WITHIN THE UNITED 

STATES. No one acting on behalf of elements of the Intelligence Community may 

join or otherwise participate in any organization in the United States on behalf of 

any element of the Intelligence Community without disclosing such person’s 

intelligence affiliation to appropriate officials of the organization, except in 

accordance with procedures established by the head of the Intelligence 

Community element concerned or the head of a department containing such 

element and approved by the Attorney General, after consultation with the 
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Director. Such participation shall be authorized only if it is essential to achieving 

lawful purposes as determined by the Intelligence Community element head or 

designee. No such participation may be undertaken for the purpose of influencing 

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 of a lawful 

investigation; or 

(b) The organization concerned is composed primarily of individuals who are not 

United States persons and is reasonably believed to be acting on behalf of a 

foreign power. 

SEC. 2.10 HUMAN EXPERIMENTATION. No element of the Intelligence 

Community shall sponsor, contract for, or conduct research on human subjects 

except in accordance with guidelines issued by the Department of Health and 

Human Services. The subject’s informed consent shall be documented as 

required by those guidelines. 

SEC. 2.11 PROHIBITION ON ASSASSINATION. No person employed by or acting on 

behalf of the United States Government shall engage in or conspire to engage in 

assassination. 

SEC. 2.12 INDIRECT PARTICIPATION. No element of the Intelligence Community 

shall participate in or request any person to undertake activities forbidden by this 

Order. 

SEC. 2.13 LIMITATION ON COVERT ACTION. No covert action may be conducted 

which is intended to influence United States political processes, public opinion, 

policies, or media. 

PART 3 – GENERAL PROVISIONS

SEC. 3.1 CONGRESSIONAL OVERSIGHT. The duties and responsibilities of the 

Director and the heads of other departments, agencies, elements, and entities 

engaged in intelligence activities to cooperate with the Congress in the conduct 

of its responsibilities for oversight of intelligence activities shall be implemented 

in accordance with applicable law, including title V of the Act. The requirements 

of applicable law, including title V of the Act, shall apply to all covert action 

activities as defined in this Order. 

SEC. 3.2 IMPLEMENTATION. The President, supported by the NSC, and the 

Director shall issue such appropriate directives, procedures, and guidance as are 

necessary to implement this order. Heads of elements within the Intelligence 
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716

Community shall issue appropriate procedures and supplementary directives 

consistent with this order. No procedures to implement Part 2 of this order shall 

be issued without the Attorney General’s approval, after consultation with the 

Director. The Attorney General shall provide a statement of reasons for not 

approving any procedures established by the head of an element in the 

Intelligence Community (or the head of the department containing such element) 

other than the FBI. In instances where the element head or department head and 

the Attorney General are unable to reach agreements on other than constitutional 

or other legal grounds, the Attorney General, the head of department concerned, 

or the Director shall refer the matter to the NSC. 

SEC. 3.3 PROCEDURES. The activities herein authorized that require procedures 

shall be conducted in accordance with existing procedures or requirements 

established under Executive Order 12333. New procedures, as required by 

Executive Order 12333, as further amended, shall be established as expeditiously 

as possible. All new procedures promulgated pursuant to Executive Order 12333, 

as amended, shall be made available to the Select Committee on Intelligence of 

the Senate and the Permanent Select Committee on Intelligence of the House of 

Representatives. 

SEC. 3.4 REFERENCES AND TRANSITION. References to “Senior Officials of the 

Intelligence Community” or “SOICs” in executive orders or other Presidential 

guidance, shall be deemed references to the heads of elements in the Intelligence 

Community, unless the President otherwise directs; references in Intelligence 

Community or Intelligence Community element policies or guidance, shall be 

deemed to be references to the heads of elements of the Intelligence Community, 

unless the President or the Director otherwise directs. 

SEC. 3.5 DEFINITIONS. For the purposes of this Order, the following terms shall 

have these meanings: 

(a) Counterintelligence means information gathered and activities conducted to 

identify, deceive, exploit, disrupt, or protect against espionage, other intelligence 

activities, sabotage, or assassinations conducted for or on behalf of foreign 

powers, organizations, or persons, or their agents, or international terrorist 

organizations or activities. 

(b) Covert action means an activity or activities of the United States Government 

to influence political, economic, or military conditions abroad, where it is 

intended that the role of the United States Government will not be apparent or 

acknowledged publicly, but does not include: 

(1) Activities the primary purpose of which is to acquire intelligence, 

traditional counterintelligence activities, traditional activities to improve 
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or maintain the operational security of United States Government 

programs, or administrative activities; 

(2) Traditional diplomatic or military activities or routine support to such 

activities; 

(3) Traditional law enforcement activities conducted by United States 

Government law enforcement agencies or routine support to such 

activities; or 

(4) Activities to provide routine support to the overt activities (other than 

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

Government agencies abroad. 

(c) Electronic surveillance means acquisition of a nonpublic communication by 

electronic means without the consent of a person who is a party to an electronic 

communication or, in the case of a nonelectronic communication, without the 

consent of a person who is visibly present at the place of communication, but not 

including the use of radio direction-finding equipment solely to determine the 

location of a transmitter. 

(d) Employee means a person employed by, assigned or detailed to, or acting for

an element within the Intelligence Community. 

(e) Foreign intelligence means information relating to the capabilities, intentions, 

or activities of foreign governments or elements thereof, foreign organizations, 

foreign persons, or international terrorists. 

(f) Intelligence includes foreign intelligence and counterintelligence. 

(g) Intelligence activities means all activities that elements of the Intelligence 

Community are authorized to conduct pursuant to this order. 

(h) Intelligence Community and elements of the Intelligence Community refers 

to: 

(1) The Office of the Director of National Intelligence; 

(2) The Central Intelligence Agency; 

(3) The National Security Agency; 

(4) The Defense Intelligence Agency; 

(5) The National Geospatial-Intelligence Agency; 

(6) The National Reconnaissance Office; 

(7) The other offices within the Department of Defense for the collection 

of specialized national foreign intelligence through reconnaissance 

programs; 

(8) The intelligence and counterintelligence elements of the Army, the 

Navy, the Air Force, and the Marine Corps; 

(9) The intelligence elements of the Federal Bureau of Investigation; 

(10) The Office of National Security Intelligence of the Drug 

Enforcement Administration; 
EXECUTIVE ORDER 12333, UNITED STATES INTELLIGENCE ACTIVITIES

718

(11) The Office of Intelligence and Counterintelligence of the 

Department of Energy; 

(12) The Bureau of Intelligence and Research of the Department of State; 

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

Treasury; 

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

Homeland Security; 

(15) The intelligence and counterintelligence elements of the Coast 

Guard; and 

(16) Such other elements of any department or agency as may be 

designated by the President, or designated jointly by the Director and the 

head of the department or agency concerned, as an element of the 

Intelligence Community. 

(i) National Intelligence and Intelligence Related to National Security means all 

intelligence, regardless of the source from which derived and including 

information gathered within or outside the United States, that pertains, as 

determined consistent with any guidance issued by the President, or that is 

determined for the purpose of access to information by the Director in 

accordance with section 1.3(a)(1) of this order, to pertain to more than one 

United States Government agency; and that involves threats to the United States, 

its people, property, or interests; the development, proliferation, or use of 

weapons of mass destruction; or any other matter bearing on United States 

national or homeland security. 

(j) The National Intelligence Program means all programs, projects, and 

activities of the Intelligence Community, as well as any other programs of the 

Intelligence Community designated jointly by the Director and the head of a 

United States department or agency or by the President. Such term does not 

include programs, projects, or activities of the military departments to acquire 

intelligence solely for the planning and conduct of tactical military operations by 

United States Armed Forces. 

(k) United States person means a United States citizen, an alien known by the 

intelligence element concerned to be a permanent resident alien, an 

unincorporated association substantially composed of United States citizens or 

permanent resident aliens, or a corporation incorporated in the United States, 

except for a corporation directed and controlled by a foreign government or 

governments. 

SEC. 3.6 REVOCATION. Executive Orders 13354 and 13355 of August 27, 2004, 

are revoked; and paragraphs 1.3(b)(9) and (10) of Part 1 supersede provisions 

within Executive Order 12958, as amended, to the extent such provisions in 

Executive Order 12958, as amended, are inconsistent with this Order. 
EXECUTIVE ORDER 12333, UNITED STATES INTELLIGENCE ACTIVITIES

719

SEC. 3.7 GENERAL PROVISIONS.

(a) Consistent with section 1.3(c) of this order, nothing in this order shall be 

construed to impair or otherwise affect: 

(1) Authority granted by law to a department or agency, or the head 

thereof; or 

(2) Functions of the Director of the Office of Management and Budget 

relating to budget, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to 

the availability of appropriations. 

(c) This order is intended only to improve the internal management of the 

executive branch and is not intended to, and does not, create any right or benefit, 

substantive or procedural, enforceable at law or in equity, by any party against 

the United States, its departments, agencies or entities, its officers, employees, or 

agents, or any other person. 

-/S/- Ronald Reagan 

THE WHITE HOUSE,

December 4, 1981.
EXECUTIVE ORDER 12949, FOREIGN INTELLIGENCE PHYSICAL SEARCHES

720

EXECUTIVE ORDER 12949:

FOREIGN INTELLIGENCE PHYSICAL SEARCHES

[Signed: February 9, 1995, Federal Register Vol. 60, No. 29 (February 13, 1995),

as amended by EO 13475 (2008)]

By the authority vested in me as President by the Constitution and the laws of the 

United States, including sections 302 and 303 of the Foreign Intelligence 

Surveillance Act of 1978 (“Act”) (50 U.S.C. 1801, et seq.), as amended by Public 

Law 103–359, and in order to provide for the authorization of physical searches 

for foreign intelligence purposes as set forth in the Act, it is hereby ordered as 

follows:

SECTION 1. Pursuant to section 302(a)(1) of the Act, the Attorney General is 

authorized to approve physical searches, without a court order, to acquire foreign 

intelligence information for periods of up to one year, if the Attorney General 

makes the certifications required by that section.

SEC. 2. Pursuant to section 302(b) of the Act, the Attorney General is authorized 

to approve applications to the Foreign Intelligence Surveillance Court under 

section 303 of the Act to obtain orders for physical searches for the purpose of 

collecting foreign intelligence information.

SEC. 3. Pursuant to section 303(a)(6) of the Act, the following officials, each of 

whom is employed in the area of national security or defense, is designated to 

make the certifications required by section 303(a)(6) of the Act in support of 

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 capacity, may 

exercise the authority to make the above certifications, unless that official has 

been appointed by the President, by and with the advice and consent of the 

Senate. The requirement of the preceding sentence that the named official must 
EXECUTIVE ORDER 12949, FOREIGN INTELLIGENCE PHYSICAL SEARCHES

721

be appointed by the President with the advice and consent of the Senate does not 

apply to the Deputy Director of the Federal Bureau of Investigation.

-/S/- William J. Clinton

THE WHITE HOUSE,

February 9, 1995.
EXECUTIVE ORDER 12968, ACCESS TO CLASSIFIED INFORMATION

722

EXECUTIVE ORDER 12968:

ACCESS TO CLASSIFIED INFORMATION

[Signed: August 2, 1995, Federal Register Vol. 60, No. 151 (August 7, 1995),

as amended by EO 13467 (2008)]

The national interest requires that certain information be maintained in 

confidence through a system of classification in order to protect our citizens, our 

democratic institutions, and our participation within the community of nations. 

The unauthorized disclosure of information classified in the national interest can 

cause irreparable damage to the national security and loss of human life.

Security policies designed to protect classified information must ensure 

consistent, cost effective, and efficient protection of our Nation’s classified 

information, while providing fair and equitable treatment to those Americans 

upon whom we rely to guard our national security.

This order establishes a uniform Federal personnel security program for 

employees who will be considered for initial or continued access to classified 

information.

NOW, THEREFORE, by the authority vested in me as President by the Constitution 

and the laws of the United States of America, it is hereby ordered as follows:

PART 1—DEFINITIONS, ACCESS TO CLASSIFIED INFORMATION, 

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. § 105, the 

“military departments,” as defined in 5 U.S.C. § 102, and any other entity within 

the executive branch that comes into the possession of classified information, 

including the Defense Intelligence Agency, National Security Agency, and the 

National Reconnaissance Office.

(b) “Applicant” means a person other than an employee who has received an 

authorized conditional offer of employment for a position that requires access to 

classified information.

(c) “Authorized investigative agency” means an agency authorized by law or 

regulation to conduct a counterintelligence investigation or investigation of 

persons who are proposed for access to classified information to ascertain 
EXECUTIVE ORDER 12968, ACCESS TO CLASSIFIED INFORMATION

723

whether such persons satisfy the criteria for obtaining and retaining access to 

such information.

(d) “Classified information” means information that has been determined 

pursuant to Executive Order No. 12958, or any successor order, Executive Order 

No. 12951, or any successor order, or the Atomic Energy Act of 1954 (42 U.S.C. 

§ 2011), to require protection against unauthorized disclosure.

(e) “Employee” means a person, other than the President and Vice President, 

employed by, detailed or assigned to, an agency, including members of the 

Armed Forces; an expert or consultant to an agency; an industrial or commercial 

contractor, licensee, certificate holder, or grantee of an agency, including all 

subcontractors; a personal services contractor; or any other category of person 

who acts for or on behalf of an agency as determined by the appropriate agency 

head.

(f) “Foreign power” and “agent of a foreign power” have the meaning provided 

in 50 U.S.C. § 1801. 

(g) “Need for access” means a determination that an employee requires access to 

a particular level of classified information in order to perform or assist in a lawful 

and authorized governmental function. 

(h) “Need-to-know” means a determination made by an authorized holder of 

classified information that a prospective recipient requires access to specific 

classified information in order to perform or assist in a lawful and authorized 

governmental function.

(i) “Overseas Security Policy Board” means the Board established by the 

President to consider, develop, coordinate and promote policies, standards and 

agreements on overseas security operations, programs and projects that affect all 

United States Government agencies under the authority of a Chief of Mission. 

(j) “Security Executive Agent” means the Board established by the President to 

consider, coordinate, and recommend policy directives for U.S. security policies, 

procedures, and practices.

(k) “Special access program” has the meaning provided in section 4.1 of 

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 unless that 

employee has been determined to be eligible in accordance with this order and to 

possess a need-to-know.

(b) Agency heads shall be responsible for establishing and maintaining an 

effective program to ensure that access to classified information by each 

employee is clearly consistent with the interests of the national security.

(c) Employees shall not be granted access to classified information unless they:
EXECUTIVE ORDER 12968, ACCESS TO CLASSIFIED INFORMATION

724

(1) have been determined to be eligible for access under section 3.1 of 

this order by agency heads or designated officials based upon a favorable 

adjudication of an appropriate investigation of the employee’s 

background;

(2) have a demonstrated need-to-know; and

(3) have signed an approved nondisclosure agreement.

(d) All employees shall be subject to investigation by an appropriate government 

authority prior to being granted access to classified information and at any time 

during the period of access to ascertain whether they continue to meet the 

requirements for access.

(e)(1) All employees granted access to classified information shall be required as 

a condition of such access to provide to the employing agency written consent 

permitting access by an authorized investigative agency, for such time as access 

to classified information is maintained and for a period of 3 years thereafter, to:

(A) relevant financial records that are maintained by a financial 

institution as defined in 31 U.S.C. § 5312(a) or by a holding 

company as defined in section 1101(6) of the Right to Financial 

Privacy Act of 1978 (12 U.S.C. § 3401); 

(B) consumer reports pertaining to the employee under the Fair 

Credit Reporting Act (15 U.S.C. § 1681a); and

(C) records maintained by commercial entities within the United 

States pertaining to any travel by the employee outside the 

United States.

(2) Information may be requested pursuant to employee consent under 

this section where:

(A) there are reasonable grounds to believe, based on credible 

information, that the employee or former employee is, or may 

be, disclosing classified information in an unauthorized manner 

to a foreign power or agent of a foreign power;

(B) information the employing agency deems credible indicates 

the employee or former employee has incurred excessive 

indebtedness or has acquired a level of affluence that cannot be 

explained by other information; or

(C) circumstances indicate the employee or former employee had 

the capability and opportunity to disclose classified information 

that is known to have been lost or compromised to a foreign 

power or an agent of a foreign power.

(3) Nothing in this section shall be construed to affect the authority of an 

investigating agency to obtain information pursuant to the Right to 

Financial Privacy Act, the Fair Credit Reporting Act or any other 

applicable law.
EXECUTIVE ORDER 12968, ACCESS TO CLASSIFIED INFORMATION

725

SEC. 1.3. FINANCIAL DISCLOSURE.

(a) Not later than 180 days after the effective date of this order, the head of each 

agency that originates, handles, transmits, or possesses classified information 

shall designate each employee, by position or category where possible, who has a 

regular need for access to classified information that, in the discretion of the 

agency head, would reveal:

(1) the identity of covert agents as defined in the Intelligence Identities 

Protection Act of 1982 [50 U.S.C. § 3121];

(2) technical or specialized national intelligence collection and 

processing systems that, if disclosed in an unauthorized manner, would 

substantially negate or impair the effectiveness of the system;

(3) the details of:

(A) the nature, contents, algorithm, preparation, or use of any 

code, cipher, or cryptographic system or;

(B) the design, construction, functioning, maintenance, or repair 

of any cryptographic equipment; but not including information 

concerning the use of cryptographic equipment and services;

(4) particularly sensitive special access programs, the disclosure of which 

would substantially negate or impair the effectiveness of the information 

or activity involved; or

(5) especially sensitive nuclear weapons design information (but only for 

those positions that have been certified as being of a high degree of 

importance or sensitivity, as described in section 145(f) of the Atomic 

Energy Act of 1954, as amended).

(b) An employee may not be granted access, or hold a position designated as 

requiring access, to information described in subsection (a) unless, as a condition 

of access to such information, the employee:

(1) files with the head of the agency a financial disclosure report, 

including information with respect to the spouse and dependent children 

of the employee, as part of all background investigations or 

reinvestigations; 

(2) is subject to annual financial disclosure requirements, if selected by 

the agency head; and

(3) files relevant information concerning foreign travel, as determined by 

the Security Executive Agent.

(c) Not later than 180 days after the effective date of this order, the Security 

Executive Agent shall develop procedures for the implementation of this section, 

including a standard financial disclosure form for use by employees under 

subsection (b) of this section, and agency heads shall identify certain employees, 

by position or category, who are subject to annual financial disclosure.
EXECUTIVE ORDER 12968, ACCESS TO CLASSIFIED INFORMATION

726

SEC. 1.4. USE OF AUTOMATED FINANCIAL RECORD DATA BASES.

As part of all investigations and reinvestigations described in section 1.2(d) of 

this order, agencies may request the Department of the Treasury, under terms and 

conditions prescribed by the Secretary of the Treasury, to search automated data 

bases consisting of reports of currency transactions by financial institutions, 

international transportation of currency or monetary instruments, foreign bank 

and financial accounts, transactions under $10,000 that are reported as possible 

money laundering violations, and records of foreign travel.

SEC. 1.5. EMPLOYEE EDUCATION AND ASSISTANCE.

The head of each agency that grants access to classified information shall 

establish a program for employees with access to classified information to: 

(a) educate employees about individual responsibilities under this order; and

(b) inform employees about guidance and assistance available concerning issues 

that may affect their eligibility for access to classified information, including 

sources of assistance for employees who have questions or concerns about 

financial matters, mental health, or substance abuse.

PART 2—ACCESS ELIGIBILITY POLICY AND PROCEDURE

SEC. 2.1. ELIGIBILITY DETERMINATIONS.

(a) Determinations of eligibility for access to classified information shall be 

based on criteria established under this order. Such determinations are separate 

from suitability determinations with respect to the hiring or retention of persons 

for employment by the government or any other personnel actions.

(b) The number of employees that each agency determines are eligible for access 

to classified information shall be kept to the minimum required for the conduct of 

agency functions.

(1) Eligibility for access to classified information shall not be requested 

or granted solely to permit entry to, or ease of movement within, 

controlled areas when the employee has no need for access and access to 

classified information may reasonably be prevented. Where 

circumstances indicate employees may be inadvertently exposed to 

classified information in the course of their duties, agencies are 

authorized to grant or deny, in their discretion, facility access approvals 

to such employees based on an appropriate level of investigation as 

determined by each agency.

(2) Except in agencies where eligibility for access is a mandatory 

condition of employment, eligibility for access to classified information 

shall only be requested or granted based on a demonstrated, foreseeable 
EXECUTIVE ORDER 12968, ACCESS TO CLASSIFIED INFORMATION

727

need for access. Requesting or approving eligibility in excess of actual 

requirements is prohibited.

(3) Eligibility for access to classified information may be granted where 

there is a temporary need for access, such as one-time participation in a 

classified project, provided the investigative standards established under 

this order have been satisfied. In such cases, a fixed date or event for 

expiration shall be identified and access to classified information shall be 

limited to information related to the particular project or assignment.

(4) Access to classified information shall be terminated when an 

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 shall be 

limited, and relate directly, to the level of classified information for which there 

is a need for access. Eligibility for access to a higher level of classified 

information includes eligibility for access to information classified at a lower 

level.

(b) Access to classified information relating to a special access program shall be 

granted in accordance with procedures established by the head of the agency that 

created the program or, for programs pertaining to intelligence activities 

(including special activities but not including military operational, strategic, and 

tactical programs) or intelligence sources and methods, by the Director of Central 

Intelligence. To the extent possible and consistent with the national security 

interests of the United States, such procedures shall be consistent with the 

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 classified 

information based on favorable adjudication of a completed investigation may be 

granted temporary access to a higher level where security personnel authorized 

by the agency head to make access eligibility determinations find that such 

access:

(1) is necessary to meet operational or contractual exigencies not 

expected to be of a recurring nature;

(2) will not exceed 180 days; and 

(3) is limited to specific, identifiable information that is made the subject 

of a written access record.

(b) Where the access granted under subsection (a) of this section involves another 

agency’s classified information, that agency must concur before access to its 

information is granted.
EXECUTIVE ORDER 12968, ACCESS TO CLASSIFIED INFORMATION

728

SEC. 2.4. RECIPROCAL ACCEPTANCE OF ACCESS ELIGIBILITY DETERMINATIONS.

(a) Except when an agency has substantial information indicating that an 

employee may not satisfy the standards in section 3.1 of this order, background 

investigations and eligibility determinations conducted under this order shall be 

mutually and reciprocally accepted by all agencies.

(b) Except where there is substantial information indicating that the employee 

may not satisfy the standards in section 3.1 of this order, an employee with 

existing access to a special access program shall not be denied eligibility for 

access to another special access program at the same sensitivity level as 

determined personally by the agency head or deputy agency head, or have an 

existing access eligibility readjudicated, so long as the employee has a need for 

access to the information involved.

(c) This section shall not preclude agency heads from establishing additional, but 

not duplicative, investigative or adjudicative procedures for a special access 

program or for candidates for detail or assignment to their agencies, where such 

procedures are required in exceptional circumstances to protect the national 

security.

(d) Where temporary eligibility for access is granted under sections 2.3 or 3.3 of 

this order or where the determination of eligibility for access is conditional, the 

fact of such temporary or conditional access shall be conveyed to any other 

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 classified 

information shall be given access to classified information only where there is a 

need-to-know that information.

(b) It is the responsibility of employees who are authorized holders of classified 

information to verify that a prospective recipient’s eligibility for access has been 

granted by an authorized agency official and to ensure that a need-to-know exists 

prior to allowing such access, and to challenge requests for access that do not 

appear well-founded.

SEC. 2.6. ACCESS BY NON-UNITED STATES CITIZENS.

(a) Where there are compelling reasons in furtherance of an agency mission, 

immigrant alien and foreign national employees who possess a special expertise 

may, in the discretion of the agency, be granted limited access to classified 

information only for specific programs, projects, contracts, licenses, certificates, 

or grants for which there is a need for access. Such individuals shall not be 

eligible for access to any greater level of classified information than the United 

States Government has determined may be releasable to the country of which the 

subject is currently a citizen, and such limited access may be approved only if the 
EXECUTIVE ORDER 12968, ACCESS TO CLASSIFIED INFORMATION

729

prior 10 years of the subject’s life can be appropriately investigated. If there are 

any doubts concerning granting access, additional lawful investigative 

procedures shall be fully pursued.

(b) Exceptions to these requirements may be permitted only by the agency head 

or the senior agency official designated under section 6.1 of this order to further 

substantial national security interests.

PART 3—ACCESS ELIGIBILITY STANDARDS

SEC. 3.1. STANDARDS.

(a) No employee shall be deemed to be eligible for access to classified 

information merely by reason of Federal service or contracting, licensee, 

certificate holder, or grantee status, or as a matter of right or privilege, or as a 

result of any particular title, rank, position, or affiliation.

(b) Except as provided in sections 2.6 and 3.3 of this order, eligibility for access 

to classified information shall be granted only to employees who are United 

States citizens for whom an appropriate investigation has been completed and 

whose personal and professional history affirmatively indicates loyalty to the 

United States, strength of character, trustworthiness, honesty, reliability, 

discretion, and sound judgment, as well as freedom from conflicting allegiances 

and potential for coercion, and willingness and ability to abide by regulations 

governing the use, handling, and protection of classified information. A 

determination of eligibility for access to such information is a discretionary 

security decision based on judgments by appropriately trained adjudicative 

personnel or appropriate automated procedures. Eligibility shall be granted only 

where facts and circumstances indicate access to classified information is clearly 

consistent with the national security interests of the United States, and any doubt 

shall be resolved in favor of the national security.

(c) The United States Government does not discriminate on the basis of race, 

color, religion, sex, national origin, disability, or sexual orientation in granting 

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 of whether 

access is clearly consistent with the interests of national security. No inference 

concerning the standards in this section may be raised solely on the basis of the 

sexual orientation of the employee.

(e) No negative inference concerning the standards in this section may be raised 

solely on the basis of mental health counseling. Such counseling can be a positive 

factor in eligibility determinations. However, mental health counseling, where 

relevant to the adjudication of access to classified information, may justify 

further inquiry to determine whether the standards of subsection (b) of this 
EXECUTIVE ORDER 12968, ACCESS TO CLASSIFIED INFORMATION

730

section are satisfied, and mental health may be considered where it directly 

relates to those standards.

(f) Not later than 180 days after the effective date of this order, the Security 

Executive Agent shall develop a common set of adjudicative guidelines for 

determining eligibility for access to classified information, including access to 

special access programs.

SEC. 3.2. BASIS FOR ELIGIBILITY APPROVAL.

(a) Eligibility determinations for access to classified information shall be based 

on information concerning the applicant or employee that is acquired through the 

investigation conducted pursuant to this order or otherwise available to security 

officials and shall be made part of the applicant’s or employee’s security record. 

Applicants or employees shall be required to provide relevant information 

pertaining to their background and character for use in investigating and 

adjudicating their eligibility for access.

(b) Not later than 180 days after the effective date of this order, the Security 

Executive Agent shall develop a common set of investigative standards for 

background investigations for access to classified information. These standards 

may vary for the various levels of access.

(c) Nothing in this order shall prohibit an agency from utilizing any lawful 

investigative procedure in addition to the investigative requirements set forth in 

this order and its implementing regulations to resolve issues that may arise during 

the course of a background investigation or reinvestigation.

SEC. 3.3. SPECIAL CIRCUMSTANCES.

(a) In exceptional circumstances where official functions must be performed 

prior to the completion of the investigative and adjudication process, temporary 

eligibility for access to classified information may be granted to an employee 

while the initial investigation is underway. When such eligibility is granted, the 

initial investigation shall be expedited.

(1) Temporary eligibility for access under this section shall include a 

justification, and the employee must be notified in writing that further 

access is expressly conditioned on the favorable completion of the 

investigation and issuance of an access eligibility approval. Access will 

be immediately terminated, along with any assignment requiring an 

access eligibility approval, if such approval is not granted.

(2) Temporary eligibility for access may be granted only by security 

personnel authorized by the agency head to make access eligibility 

determinations and shall be based on minimum investigative standards 

developed by the Security Executive Agent not later than 180 days after 

the effective date of this order.
EXECUTIVE ORDER 12968, ACCESS TO CLASSIFIED INFORMATION

731

(3) Temporary eligibility for access may be granted only to particular, 

identified categories of classified information necessary to perform the 

lawful and authorized functions that are the basis for the granting of 

temporary access.

(b) Nothing in subsection (a) shall be construed as altering the authority of an 

agency head to waive requirements for granting access to classified information 

pursuant to statutory authority.

(c) Where access has been terminated under section 2.1(b)(4) of this order and a 

new need for access arises, access eligibility up to the same level shall be 

reapproved without further investigation as to employees who were determined 

to be eligible based on a favorable adjudication of an investigation completed 

within the prior 5 years, provided they have remained employed by the same 

employer during the period in question, the employee certifies in writing that 

there has been no change in the relevant information provided by the employee 

for the last background investigation, and there is no information that would tend 

to indicate the employee may no longer satisfy the standards established by this 

order for access to classified information.

(d) Access eligibility shall be reapproved for individuals who were determined to 

be eligible based on a favorable adjudication of an investigation completed 

within the prior 5 years and who have been retired or otherwise separated from 

United States Government employment for not more than 2 years; provided there 

is no indication the individual may no longer satisfy the standards of this order, 

the individual certifies in writing that there has been no change in the relevant 

information provided by the individual for the last background investigation, and 

an appropriate record check reveals no unfavorable information.

SEC. 3.4. REINVESTIGATION REQUIREMENTS.

(a) Because circumstances and characteristics may change dramatically over time 

and thereby alter the eligibility of employees for continued access to classified 

information, reinvestigations shall be conducted with the same priority and care 

as initial investigations.

(b) Employees who are eligible for access to classified information shall be the 

subject of periodic reinvestigations and may also be reinvestigated if, at any time, 

there is reason to believe that they may no longer meet the standards for access 

established in this order.

(c) Not later than 180 days after the effective date of this order, the Security 

Executive Agent shall develop a common set of reinvestigative standards, 

including the frequency of reinvestigations.
EXECUTIVE ORDER 12968, ACCESS TO CLASSIFIED INFORMATION

732

SEC. 3.5. CONTINUOUS EVALUATION.

An individual who has been determined to be eligible for or who currently has 

access to classified information shall be subject to continuous evaluation under 

standards (including, but not limited to, the frequency of such evaluation) as 

determined by the Director of National Intelligence.

PART 4—INVESTIGATIONS FOR FOREIGN GOVERNMENTS

SEC. 4. AUTHORITY.

Agencies that conduct background investigations, including the Federal Bureau 

of Investigation and the Department of State, are authorized to conduct personnel 

security investigations in the United States when requested by a foreign 

government as part of its own personnel security program and with the consent of 

the individual.

PART 5—REVIEW OF ACCESS DETERMINATIONS

SEC. 5.1. DETERMINATIONS OF NEED FOR ACCESS.

A determination under section 2.1(b)(4) of this order that an employee does not 

have, or no longer has, a need for access is a discretionary determination and 

shall be conclusive.

SEC. 5.2. REVIEW PROCEEDINGS FOR DENIALS OR REVOCATIONS OF ELIGIBILITY 

FOR ACCESS. 

(a) Applicants and employees who are determined to not meet the standards for 

access to classified information established in section 3.1 of this order shall be:

(1) provided as comprehensive and detailed a written explanation of the 

basis for that conclusion as the national security interests of the United 

States and other applicable law permit;

(2) provided within 30 days, upon request and to the extent the 

documents would be provided if requested under the Freedom of 

Information Act (5 U.S.C. § 552) or the Privacy Act ([5] U.S.C. § 552a), 

as applicable, any documents, records, and reports upon which a denial 

or revocation is based;

(3) informed of their right to be represented by counsel or other 

representative at their own expense; to request any documents, records, 

and reports as described in section 5.2(a)(2) upon which a denial or 

revocation is based; and to request the entire investigative file, as 

permitted by the national security and other applicable law, which, if 

requested, shall be promptly provided prior to the time set for a written 

reply;
EXECUTIVE ORDER 12968, ACCESS TO CLASSIFIED INFORMATION

733

(4) provided a reasonable opportunity to reply in writing to, and to 

request a review of, the determination;

(5) provided written notice of and reasons for the results of the review, 

the identity of the deciding authority, and written notice of the right to 

appeal;

(6) provided an opportunity to appeal in writing to a high level panel, 

appointed by the agency head, which shall be comprised of at least three 

members, two of whom shall be selected from outside the security field.

Decisions of the panel shall be in writing, and final except as provided

in subsection (b) of this section; and

(7) provided an opportunity to appear personally and to present relevant 

documents, materials, and information at some point in the process 

before an adjudicative or other authority, other than the investigating 

entity, as determined by the agency head. A written summary or 

recording of such appearance shall be made part of the applicant’s or 

employee’s security record, unless such appearance occurs in the 

presence of the appeals panel described in subsection (a)(6) of this 

section.

(b) Nothing in this section shall prohibit an agency head from personally 

exercising the appeal authority in subsection (a)(6) of this section based upon 

recommendations from an appeals panel. In such case, the decision of the agency 

head shall be final.

(c) Agency heads shall promulgate regulations to implement this section and, at 

their sole discretion and as resources and national security considerations permit, 

may provide additional review proceedings beyond those required by subsection 

(a) of this section. This section does not require additional proceedings, however, 

and creates no procedural or substantive rights.

(d) When the head of an agency or principal deputy personally certifies that a 

procedure set forth in this section cannot be made available in a particular case 

without damaging the national security interests of the United States by revealing 

classified information, the particular procedure shall not be made available. This 

certification shall be conclusive.

(e) This section shall not be deemed to limit or affect the responsibility and 

power of an agency head pursuant to any law or other Executive order to deny or 

terminate access to classified information in the interests of national security. The 

power and responsibility to deny or terminate access to classified information 

pursuant to any law or other Executive order may be exercised only where the 

agency head determines that the procedures prescribed in subsection (a) of this 

section cannot be invoked in a manner that is consistent with national security. 

This determination shall be conclusive.
EXECUTIVE ORDER 12968, ACCESS TO CLASSIFIED INFORMATION

734

(f)(1) This section shall not be deemed to limit or affect the responsibility and 

power of an agency head to make determinations of suitability for employment.

(2) Nothing in this section shall require that an agency provide the 

procedures prescribed in subsection (a) of this section to an applicant 

where a conditional offer of employment is withdrawn for reasons of 

suitability or any other reason other than denial of eligibility for access to 

classified information.

(3) A suitability determination shall not be used for the purpose of 

denying an applicant or employee the review proceedings of this section 

where there has been a denial or revocation of eligibility for access to 

classified information.

PART 6—IMPLEMENTATION

SEC. 6.1. AGENCY IMPLEMENTING RESPONSIBILITIES.

Heads of agencies that grant employees access to classified information shall:

(a) designate a senior agency official to direct and administer the agency’s 

personnel security program established by this order. All such programs shall 

include active oversight and continuing security education and awareness 

programs to ensure effective implementation of this order;

(b) cooperate, under the guidance of the Security Executive Agent, with other 

agencies to achieve practical, consistent, and effective adjudicative training and 

guidelines; and

(c) conduct periodic evaluations of the agency’s implementation and 

administration of this order, including the implementation of section 1.3(a) of 

this order. Copies of each report shall be provided to the Security Executive 

Agent.

SEC. 6.2. EMPLOYEE RESPONSIBILITIES.

(a) Employees who are granted eligibility for access to classified information 

shall:

(1) protect classified information in their custody from unauthorized 

disclosure;

(2) report all contacts with persons, including foreign nationals, who seek 

in any way to obtain unauthorized access to classified information;

(3) report all violations of security regulations to the appropriate security 

officials; and

(4) comply with all other security requirements set forth in this order and 

its implementing regulations.
EXECUTIVE ORDER 12968, ACCESS TO CLASSIFIED INFORMATION

735

(b) Employees are encouraged and expected to report any information that raises 

doubts as to whether another employee’s continued eligibility for access to 

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 pursuant to 

sections 1.3(c), 3.1(f), 3.2(b), 3.3(a)(2), and 3.4(c) of this order, the Director of 

National Intelligence shall serve as the final authority for implementation.

(b) Any guidelines, standards, or procedures developed by the Security Executive 

Agent pursuant to this order shall be consistent with those guidelines issued by 

the Federal Bureau of Investigation in March 1994 on Background Investigations 

Policy/Guidelines Regarding Sexual Orientation.

(c) In carrying out its responsibilities under this order, the Security Executive 

Agent shall consult where appropriate with the Overseas Security Policy Board. 

In carrying out its responsibilities under section 1.3(c) of this order, the Security 

Executive Agent shall obtain the concurrence of the Director of the Office of 

Management and Budget.

SEC. 6.4. SANCTIONS.

Employees shall be subject to appropriate sanctions if they knowingly and 

willfully grant eligibility for, or allow access to, classified information in 

violation of this order or its implementing regulations. Sanctions may include 

reprimand, suspension without pay, removal, and other actions in accordance 

with applicable law and agency regulations.

PART 7—GENERAL PROVISIONS

SEC. 7.1. CLASSIFIED INFORMATION PROCEDURES ACT.

Nothing in this order is intended to alter the procedures established under the 

Classified Information 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 this order 

may not be disseminated outside the agency, except to:

(1) the agency employing the employee who is the subject of the records 

or information;

(2) the Department of Justice for law enforcement or counterintelligence 

purposes; or

(3) any agency if such information is clearly relevant to the authorized 

responsibilities of such agency.
EXECUTIVE ORDER 12968, ACCESS TO CLASSIFIED INFORMATION

736

(b) The Attorney General, at the request of the head of an agency, shall render an 

interpretation of this order with respect to any question arising in the course of its 

administration.

(c) No prior Executive orders are repealed by this order. To the extent that this 

order is inconsistent with any provision of any prior Executive order, this order 

shall control, except that this order shall not diminish or otherwise affect the 

requirements of Executive Order No. 10450, the denial and revocation 

procedures provided to individuals covered by Executive Order No. 10865, as 

amended, or access by historical researchers and former presidential appointees 

under Executive Order No. 12958 or any successor order.

(d) If any provision of this order or the application of such provision is held to be 

invalid, the remainder of this order shall not be affected. 

(e) This Executive order is intended only to improve the internal management of 

the executive branch and is not intended to, and does not, create any right to 

administrative or judicial review, or any other right or benefit or trust 

responsibility, substantive or procedural, enforceable by a party against the 

United States, its agencies or instrumentalities, its officers or employees, or any 

other person.

(f) This order is effective immediately.

-/S/-William J. Clinton

THE WHITE HOUSE,

August 2, 1995.
EXECUTIVE ORDER 13388, STRENGTHENING THE SHARING OF TERRORISM 

INFORMATION

737

EXECUTIVE ORDER 13388:

FURTHER STRENGTHENING THE SHARING OF

TERRORISM INFORMATION TO PROTECT AMERICANS

[Signed: October 25, 2005, Federal Register Vol. 70, No. 207 

(October 27, 2005)]

By the authority vested in me as President by the Constitution and the laws of the 

United States of America, including section 1016 of the Intelligence Reform and 

Terrorism Prevention Act of 2004 (Public Law 108– 458), and in order to further 

strengthen the effective conduct of United States counterterrorism activities and 

protect the territory, people, and interests of the United States of America, 

including against terrorist attacks, it is hereby ordered as follows:

SECTION 1. POLICY. To the maximum extent consistent with applicable law, 

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 mitigation of 

the effects of terrorist activities against the territory, people, and interests 

of the United States of America; 

(2) the interchange of terrorism information among agencies; 

(3) the interchange of terrorism information between agencies and 

appropriate authorities of State, local, and tribal governments, and 

between agencies and appropriate private sector entities; and 

(4) the protection of the ability of agencies to acquire additional such 

information; and

(b) protect the freedom, information privacy, and other legal rights of Americans 

in the conduct of activities implementing subsection (a). 

SEC. 2. DUTIES OF HEADS OF AGENCIES POSSESSING OR ACQUIRING TERRORISM 

INFORMATION. To implement the policy set forth in section 1 of this order, the 

head of each agency that possesses or acquires terrorism information: 

(a) shall promptly give access to the terrorism information to the head of each 

other agency that has counterterrorism functions, and provide the terrorism 

information to each such agency, unless otherwise directed by the President, and 

consistent with 

(1) the statutory responsibilities of the agencies providing and receiving 

the information; 
EXECUTIVE ORDER 13388, STRENGTHENING THE SHARING OF TERRORISM 

INFORMATION

738

(2) any guidance issued by the Attorney General to fulfill the policy set 

forth in subsection 1(b) of this order; and 

(3) other applicable law, including sections 102A(g) and (i) of the 

National Security Act of 1947, section 1016 of the Intelligence Reform 

and Terrorism Prevention Act of 2004 (including any policies, 

procedures, guidelines, rules, and standards issued pursuant thereto), 

sections 202 and 892 of the Homeland Security Act of 2002, Executive 

Order 12958 of April 17, 1995, as amended, and Executive Order 13311 

of July 29, 2003; and

(b) shall cooperate in and facilitate production of reports based on terrorism 

information with contents and formats that permit dissemination that maximizes 

the utility of the information in protecting the territory, people, and interests of 

the United States.

SEC. 3. PREPARING TERRORISM INFORMATION FOR MAXIMUM DISTRIBUTION. To 

assist in expeditious and effective implementation by agencies of the policy set 

forth in section 1 of this order, the common standards for the sharing of terrorism 

information established pursuant to section 3 of Executive Order 13356 of 

August 27, 2004, shall be used, as appropriate, in carrying out section 1016 of the 

Intelligence Reform and Terrorism Prevention Act of 2004.

SEC. 4. REQUIREMENTS FOR COLLECTION OF TERRORISM INFORMATION INSIDE 

THE UNITED STATES. To assist in expeditious and effective implementation by 

agencies of the policy set forth in section 1 of this order, the recommendations 

regarding the establishment of executive branch-wide collection and sharing 

requirements, procedures, and guidelines for terrorism information collected 

within the United States made pursuant to section 4 of Executive Order 13356 

shall be used, as appropriate, in carrying out section 1016 of the Intelligence 

Reform and Terrorism Prevention Act of 2004.

SEC. 5. ESTABLISHMENT AND FUNCTIONS OF INFORMATION SHARING COUNCIL.

(a) Consistent with section 1016(g) of the Intelligence Reform and Terrorism 

Prevention Act of 2004, there is hereby established an Information Sharing 

Council (Council), chaired by the Program Manager to whom section 1016 of 

such Act refers, and composed exclusively of designees of: the Secretaries of 

State, the Treasury, Defense, Commerce, Energy, and Homeland Security; the 

Attorney General; the Director of National Intelligence; the Director of the 

Central Intelligence Agency; the Director of the Office of Management and 

Budget; the Director of the Federal Bureau of Investigation; the Director of the 
EXECUTIVE ORDER 13388, STRENGTHENING THE SHARING OF TERRORISM 

INFORMATION

739

National Counterterrorism Center; and such other heads of departments or 

agencies as the Director of National Intelligence may designate.

(b) The mission of the Council is to 

(1) provide advice and information concerning the establishment of an 

interoperable terrorism information sharing environment to facilitate 

automated sharing of terrorism information among appropriate agencies 

to implement the policy set forth in section 1 of this order; and 

(2) perform the duties set forth in section 1016(g) of the Intelligence 

Reform and Terrorism Prevention Act of 2004.

(c) To assist in expeditious and effective implementation by agencies of the 

policy set forth in section 1 of this order, the plan for establishment of a proposed 

interoperable terrorism information sharing environment reported under section 

5(c) of Executive Order 13356 shall be used, as appropriate, in carrying out 

section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004.

SEC. 6. DEFINITIONS. As used in this order: 

(a) the term “agency” has the meaning set forth for the term “executive agency”

in section 105 of title 5, United States Code, together with the Department of 

Homeland Security, but includes the Postal Rate Commission and the United 

States Postal Service and excludes the Government Accountability Office; and

(b) the term “terrorism information” has the meaning set forth for such term in 

section 1016(a)(4) of the Intelligence Reform and Terrorism Prevention Act of 

2004.

SEC. 7. GENERAL PROVISIONS.

(a) This order:

(1) shall be implemented in a manner consistent with applicable law, 

including Federal law protecting the information privacy and other legal 

rights of Americans, and subject to the availability of appropriations;

(2) shall be implemented in a manner consistent with the authority of the 

principal officers of agencies as heads of their respective agencies, 

including under section 199 of the Revised Statutes (22 U.S.C. § 2651), 

section 201 of the Department of Energy Organization Act (42 U.S.C. §

7131), section 103 of the National Security Act of 1947 (50 U.S.C. §

403–3), section 102(a) of the Homeland Security Act of 2002 (6 U.S.C. §

112(a)), and sections 301 of title 5, 113(b) and 162(b) of title 10, 1501 of 

title 15, 503 of title 28, and 301(b) of title 31, United States Code;

(3) shall be implemented consistent with the Presidential Memorandum 

of June 2, 2005, on “Strengthening Information Sharing, Access, and 

Integration—Organizational, Management, and Policy Development 
EXECUTIVE ORDER 13388, STRENGTHENING THE SHARING OF TERRORISM 

INFORMATION

740

Structures for Creating the Terrorism Information Sharing 

Environment;”

(4) shall not be construed to impair or otherwise affect the functions of 

the Director of the Office of Management and Budget relating to budget,

(5) shall be implemented in a manner consistent with section 102A of the 

National Security Act of 1947.

(b) This order is intended only to improve the internal management of the 

Federal Government and is not intended to, and does not, create any rights or 

benefits, substantive or procedural, enforceable at law or in equity by a party 

against the United States, its departments, agencies, instrumentalities, or entities, 

its officers, employees, or agents, or any other person.

[SEC. 8. Amended EO 13311 and revoked EO 13356.]

-/S/-George W. Bush

THE WHITE HOUSE,

October 25, 2005.
EXECUTIVE ORDER 13462, PRESIDENT’S INTELLIGENCE ADVISORY BOARD 

AND INTELLIGENCE OVERSIGHT BOARD

741

EXECUTIVE ORDER 13462:

PRESIDENT’S INTELLIGENCE ADVISORY BOARD AND

INTELLIGENCE OVERSIGHT BOARD

[Signed: February 29, 2008, Federal Register Vol. 73, No. 43 (March 4, 2008),

as amended by EO 13516 (2009)]

By the authority vested in me as President by the Constitution and the laws of 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 other officers 

of the United States with responsibility for the security of the Nation and the 

advancement of its interests have access to accurate, insightful, objective, and 

timely information concerning the capabilities, intentions, and activities of 

foreign powers. 

SEC. 2. DEFINITIONS. As used in this order: 

(a) “department concerned” means an executive department listed in section 101 

of title 5, United States Code, that contains an organization listed in or designated 

pursuant to section 3(4) of the National Security Act of 1947, as amended ([50 

U.S.C. § 3003(4)]); 

(b) “intelligence activities” has the meaning specified in section 3.5 of Executive 

Order 12333 of December 4, 1981, as amended; and 

(c) “intelligence community” means the organizations listed in or designated 

pursuant to section 3(4) of the National Security Act of 1947, as amended. 

SEC. 3. ESTABLISHMENT OF THE PRESIDENT’S INTELLIGENCE ADVISORY BOARD.

(a) There is hereby established, within the Executive Office of the President and 

exclusively to advise and assist the President as set forth in this order, the 

President’s Intelligence Advisory Board (PIAB). 

(b) The PIAB shall consist of not more than 16 members appointed by the 

President from among individuals who are not full-time employees of the Federal 

Government. 

(c) The President shall designate a Chair or Co-Chairs from among the members 

of the PIAB, who shall convene and preside at meetings of the PIAB, determine 

its agenda, and direct its work. 

(d) Members of the PIAB and the Intelligence Oversight Board (IOB) established 

in section 5 of this order: 
EXECUTIVE ORDER 13462, PRESIDENT’S INTELLIGENCE ADVISORY BOARD 

AND INTELLIGENCE OVERSIGHT BOARD

742

(i) shall serve without any compensation for their work on the PIAB or 

the IOB; and 

(ii) while engaged in the work of the PIAB or the IOB, may be allowed 

travel expenses, including per diem in lieu of subsistence, as authorized 

by law for persons serving intermittently in the Government (5 U.S.C. 

5701-5707). 

(e) The PIAB shall utilize such full-time professional and administrative staff as 

authorized by the Chair and approved by the President or the President’s 

designee. Such staff shall be supervised by an Executive Director of the PIAB, 

appointed by the President, whom the President may designate to serve also as 

the Executive Director of the IOB. 

SEC. 4. FUNCTIONS OF THE PIAB. Consistent with the policy set forth in section 1 

of this order, the PIAB shall have the authority to, as the PIAB determines 

appropriate, or shall, when directed by the President: 

(a) assess the quality, quantity, and adequacy of intelligence collection, of 

analysis and estimates, and of counterintelligence and other intelligence 

activities, assess the adequacy of management, personnel and organization in the 

intelligence community, and review the performance of all agencies of the 

Federal Government that are engaged in the collection, evaluation, or production 

of intelligence or the execution of intelligence policy and report the results of 

such assessments or reviews: 

(i) to the President, as necessary but not less than twice each year; and 

(ii) to the Director of National Intelligence (DNI) and the heads of 

departments concerned when the PIAB determines appropriate; and 

(b) consider and make appropriate recommendations to the President, the DNI, or 

the head of the department concerned with respect to matters identified to the 

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 as the 

Intelligence Oversight Board. 

(b) The IOB shall consist of not more than five members of the PIAB who are 

designated by the President from among members of the PIAB to serve on the 

IOB. The IOB shall utilize such full-time professional and administrative staff as 

authorized by the Chair and approved by the President or the President’s 

designee. Such staff shall be supervised by an Executive Director of the IOB, 

appointed by the President, whom the President may designate to serve also as 

the Executive Director of the PIAB. 
EXECUTIVE ORDER 13462, PRESIDENT’S INTELLIGENCE ADVISORY BOARD 

AND INTELLIGENCE OVERSIGHT BOARD

743

(c) The President shall designate a Chair from among the members of the IOB, 

who shall convene and preside at meetings of the IOB, determine its agenda, and 

direct its work. 

SEC. 6. FUNCTIONS OF THE IOB. Consistent with the policy set forth in section 1 

of this order, the IOB shall: 

(a) issue criteria on the thresholds for reporting matters to the IOB, to the extent 

consistent with section 1.6(c) of Executive Order 12333 or the corresponding 

provision of any successor order; 

(b) inform the President of intelligence activities that the IOB believes: 

(i)(A) may be unlawful or contrary to Executive Order or presidential 

directive; and 

(B) are not being adequately addressed by the Attorney General, 

the DNI, or the head of the department concerned; or 

(ii) should be immediately reported to the President. 

(c) forward to the Attorney General information concerning intelligence activities 

that involve possible violations of Federal criminal laws or otherwise implicate 

the authority of the Attorney General;

(d) review and assess the effectiveness, efficiency, and sufficiency of the 

processes by which the DNI and the heads of departments concerned perform 

their respective functions under this order and report thereon as necessary, 

together with any recommendations, to the President and, as appropriate, the DNI 

and the head of the department concerned; 

(e) receive and review information submitted by the DNI under subsection 7(c) 

of this order and make recommendations thereon, including for any needed 

corrective action, with respect to such information, and the intelligence activities 

to which the information relates, as necessary, but not less than twice each year, 

to the President, the DNI, and the head of the department concerned; and 

(f) conduct, or request that the DNI or the head of the department concerned, as 

appropriate, carry out and report to the IOB the results of, investigations of 

intelligence activities that the IOB determines are necessary to enable the IOB to 

carry out its functions under this order. 

SEC. 7. FUNCTIONS OF THE DIRECTOR OF NATIONAL INTELLIGENCE. Consistent 

with the policy set forth in section 1 of this order, the DNI shall: 

(a) with respect to guidelines applicable to organizations within the intelligence 

community that concern reporting of intelligence activities described in 

subsection 6(b)(i)(A) of this order: 
EXECUTIVE ORDER 13462, PRESIDENT’S INTELLIGENCE ADVISORY BOARD 

AND INTELLIGENCE OVERSIGHT BOARD

744

(i) review and ensure that such guidelines are consistent with section 

1.6(c) of Executive Order 12333, or a corresponding provision of any 

successor order, and this order; and 

(ii) issue for incorporation in such guidelines instructions relating to the 

format and schedule of such reporting as necessary to implement this 

order; 

(b) with respect to intelligence activities described in subsection 6(b)(i)(A) of this 

order: 

(i) receive reports submitted to the IOB pursuant to section 1.6(c) of 

Executive Order 12333, or a corresponding provision of any successor 

order; 

(ii) forward to the Attorney General information in such reports relating 

to such intelligence activities to the extent that such activities involve 

possible violations of Federal criminal laws or implicate the authority of 

the Attorney General unless the DNI or the head of the department 

concerned has previously provided such information to the Attorney 

General; and 

(iii) monitor the intelligence community to ensure that the head of the 

department concerned has directed needed corrective actions and that 

such actions have been taken and report to the IOB and the head of the 

department concerned, and as appropriate the President, when such 

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) of this 

section, including an assessment of the gravity, frequency, trends, and 

patterns of occurrences of intelligence activities described in subsection 

6(b)(i)(A) of this order; 

(ii) a summary of direction under subsection (b)(iii) of this section and 

any related recommendations; and 

(iii) an assessment of the effectiveness of corrective action taken by the 

DNI or the head of the department concerned with respect to intelligence 

activities described in subsection 6(b)(i)(A) of this order. 

SEC. 8. FUNCTIONS OF HEADS OF DEPARTMENTS CONCERNED AND ADDITIONAL 

FUNCTIONS OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

(a) To the extent permitted by law, the DNI and the heads of departments 

concerned shall provide such information and assistance as the PIAB and the 

IOB determine is needed to perform their functions under this order. 
EXECUTIVE ORDER 13462, PRESIDENT’S INTELLIGENCE ADVISORY BOARD 

AND INTELLIGENCE OVERSIGHT BOARD

745

(b) The heads of departments concerned shall: 

(i) ensure that the DNI receives: 

(A) copies of reports submitted to the IOB pursuant to section 

1.6(c) of Executive Order 12333, or a corresponding provision of 

any successor order; and 

(B) such information and assistance as the DNI may need to 

perform functions under this order; and 

(ii) designate the offices within their respective organizations that shall 

submit reports to the IOB required by Executive Order and inform the 

DNI and the IOB of such designations; and 

(iii) ensure that departments concerned comply with instructions issued 

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 subsection 4(b) 

of this order or from the IOB under subsections 6(c) or 6(d) of this order shall 

promptly report through the DNI to the Board that made the recommendation, or 

to the President, the reasons for not implementing the recommendation. 

(d) The DNI shall ensure that the Director of the Central Intelligence Agency 

performs the functions with respect to the Central Intelligence Agency under this 

order that a head of a department concerned performs with respect to 

organizations within the intelligence community that are part of that department. 

SEC. 9. REFERENCES AND TRANSITION. 

(a) References in Executive Orders other than this order, or in any other 

presidential guidance, to the “President’s Foreign Intelligence Advisory Board”

shall be deemed to be references to the President’s Intelligence Advisory Board 

established by this order. 

(b) Individuals who are members of the President’s Foreign Intelligence 

Advisory Board under Executive Order 12863 of September 13, 1993, as 

amended, immediately prior to the signing of this order shall be members of the 

President’s Intelligence Advisory Board immediately upon the signing of this 

order, to serve as such consistent with this order until the date that is 15 months 

following the date of this order. 

(c) Individuals who are members of the Intelligence Oversight Board under 

Executive Order 12863 immediately prior to the signing of this order shall be 

members of the Intelligence Oversight Board under this order, to serve as such 

consistent with this order until the date that is 15 months following the date of 

this order. 

(d) The individual serving as Executive Director of the President’s Foreign 

Intelligence Advisory Board immediately prior to the signing of this order shall 
EXECUTIVE ORDER 13462, PRESIDENT’S INTELLIGENCE ADVISORY BOARD 

AND INTELLIGENCE OVERSIGHT BOARD

746

serve as the Executive Director of the PIAB until such person resigns, dies, or is 

removed, or upon appointment of a successor under this order and shall serve as 

the Executive Director of the IOB until an Executive Director of the IOB is 

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 affect: 

(i) authority granted by law to a department or agency, or the head 

thereof; or 

(ii) functions of the Director of the Office of Management and Budget 

relating to budget, administrative, or legislative proposals. 

(b) Any person who is a member of the PIAB or the IOB, or who is granted 

access to classified national security information in relation to the activities of the 

PIAB or the IOB, as a condition of access to such information, shall sign and 

comply with appropriate agreements to protect such information from 

unauthorized disclosure. This order shall be implemented in a manner consistent 

with Executive Order 12958 of April 17, 1995, as amended [revoked and 

replaced by EO 13526], and Executive Order 12968 of August 2, 1995, as 

amended. 

(c) This order shall be implemented consistent with applicable law and subject to 

the availability of appropriations. 

(d) This order is intended only to improve the internal management of the 

executive branch and is not intended to, and does not, create any right or benefit, 

substantive or procedural, enforceable at law or in equity, by any party against 

the United States, its departments, agencies or entities, its officers, employees, or 

agents, or any other person. 

-/S/- George W. Bush 

THE WHITE HOUSE, 

February 29, 2008. 
EXECUTIVE ORDER 13467, SUITABILITY FOR GOVERNMENT EMPLOYMENT,

FITNESS FOR CONTRACTOR EMPLOYEES, AND ACCESS TO 

CLASSIFIED INFORMATION

747

EXECUTIVE ORDER 13467:

REFORMING PROCESSES RELATED TO SUITABILITY FOR

GOVERNMENT EMPLOYMENT, FITNESS FOR CONTRACTOR

EMPLOYEES, AND ELIGIBILITY FOR ACCESS TO

CLASSIFIED NATIONAL SECURITY INFORMATION

[Signed: June 30, 2008, Federal Register Vol. 73, No. 128 (July 2, 2008), 

as amended by EO 13741 (2016), EO 13764 (2017), and EO 13869 (2019)]

By the authority vested in me as President by the Constitution and the laws of the 

United States of America, including sections 3301, 7103(b), and 7301 of title 5, 

United States Code, and in order to strengthen and ensure a secure, efficient, 

timely, reciprocal, and aligned system for investigating and determining 

suitability or fitness for Government employment, fitness to work as a contractor 

or a nonappropriated fund employee, eligibility for access to classified 

information or to hold a sensitive position, and authorization to be issued a 

Federal credential, while providing fair, impartial, and equitable treatment, and 

protecting individual rights under the Constitution and laws of the United States, 

and taking appropriate account of title III of Public Law 108-458, it is hereby 

ordered as follows:

PART 1 —POLICY, APPLICABILITY, AND DEFINITIONS

SECTION 1.1. POLICY.

(a) Executive branch vetting policies and procedures relating to suitability, 

contractor or Federal employee fitness, eligibility to hold a sensitive position, 

authorization to be issued a Federal credential for access to federally controlled 

facilities and information systems, and eligibility for access to classified 

information shall be aligned using consistent standards to the extent possible, 

shall provide for reciprocal recognition, and shall ensure cost-effective, timely, 

and efficient protection of the national interest, while providing fair treatment to 

those upon whom the Federal Government relies to conduct our Nation’s 

business and protect national security.

(b) The Government’s tools, systems, and processes for conducting these 

background investigations and managing sensitive investigative information 

should keep pace with technological advancements, regularly integrating current 

best practices to better anticipate, detect, and counter malicious activities, and 

threats posed by external or internal actors who may seek to do harm to the 
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Government’s personnel, property, and information. To help fulfill these 

responsibilities, there shall be a primary executive branch investigative service 

provider whose mission is to provide effective, efficient, and secure background 

investigations for the Federal Government.

(c) Executive branch vetting policies and procedures shall be sustained by an 

enhanced risk-management approach that facilitates early detection of issues by 

an informed, aware, and responsible Federal workforce; results in quality 

decisions enabled by improved vetting capabilities; and advances Governmentwide capabilities through enterprise approaches.

(d) The appointment or retention of each covered individual shall be subject to an 

investigation. Federal investigative standards established pursuant to this order 

shall be designed to develop information as to whether the employment or 

retention in employment in the Federal service of the person being investigated is 

clearly consistent with the interests of the national security, and the scope of the 

investigation shall be determined in the first instance according to the degree of 

material adverse effect the occupant of the position sought to be filled could 

bring about, by virtue of the nature of the position, on the national security.”

(e) Investigative agencies shall control the reports, information, and other 

investigative materials that are developed during the vetting process. Recipient 

departments and agencies may retain and use the received reports, information, 

and other investigative material within that recipient for authorized purposes 

(including, but not limited to, adjudications, hearings and appeals, continuous 

evaluation, inspector general functions, counterintelligence, research, and insider 

threat programs), in compliance with the Privacy Act of 1974, as amended 

(section 552a of title 5, United States Code). Investigative agencies shall ensure 

that their applicable System of Records Notices include, at a minimum, the 

authorized uses of the recipient departments and agencies such as those set forth 

above. Recipient departments and agencies shall not make any external releases 

of received information, other than to an investigative subject for the purpose of 

providing procedural rights or administrative due process; and shall direct any 

other requests for external releases of copies of the reports, information, and 

other investigative materials to the investigative agency. In the event redisclosure 

by the recipient agency is required by compulsory legal process, the recipient 

agency shall consult with the investigating agency. The investigative agency 

shall maintain the reports, information, and other investigative material in a 

system of records subject to the Privacy Act and ensure that any re-disclosure 

does not violate statutory restrictions or result in the unauthorized disclosure of: 

classified information, information subject to a claim of privilege, or information 
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that is otherwise lawfully exempt from disclosure. Subject to Security Executive 

Agent authorizations consistent with section 3341(e)(5) of title 50, United States 

Code, the investigative agencies shall make reports, information, and other 

investigative material available, as necessary, to carry out the responsibilities set 

forth in this order, including but not limited to, authorized executive branchsponsored research and initiatives for enterprise-wide continuous performance 

improvement of vetting policy and procedures, as permitted by law.

SEC. 1.2. APPLICABILITY.

(a) This order applies to vetting of all covered individuals as defined in 

section 1.3(h), except that: 

(i) the provisions regarding eligibility for physical access to federally 

controlled facilities and logical access to federally controlled information 

systems do not apply to individuals exempted in accordance with 

guidance pursuant to the Federal Information Security Management Act 

(title III of Public Law 107-347) and Homeland Security Presidential 

Directive 12 of August 27, 2004; and

(ii) the qualification standards for enlistment, appointment, and induction 

into the Armed Forces pursuant to title 10, United States Code, are

unaffected by this order.

(b) This order also applies to vetting for employees of agencies working in or for 

the legislative or judicial branches when the vetting is conducted by the executive 

branch.

SEC. 1.3. DEFINITIONS. For the purpose of this order: 

(a) “Adjudication” means the evaluation of pertinent data in a background 

investigation, as well as any other available information that is relevant and 

reliable, to determine whether a covered individual is: 

(i) suitable for Government employment; 

(ii) eligible for logical and physical access; 

(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 a Federal 

employee, contractor, or nonappropriated fund employee.

(b) “Agency” means any “Executive agency” as defined in section 105 of title 5, 

United States Code, including the “military departments,” as defined in 

section 102 of title 5, United States Code, and any other entity within the 

executive branch that comes into possession of classified information or has 
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designated positions as sensitive, except such an entity headed by an officer who 

is not a covered individual. 

(c) “Classified information” means information that has been determined 

pursuant to Executive Order 13526 of December 29, 2009, or a successor or 

predecessor order, or the Atomic Energy Act of 1954 (42 U.S.C. § 2011 et seq.) 

to require protection against unauthorized disclosure.

(d) “Continuous evaluation (CE)” means a vetting process to review the 

background of an individual who has been determined to be eligible for access to 

classified information or to hold a sensitive position at any time during the period 

of eligibility. CE leverages a set of automated record checks and business rules to 

assist in the on-going assessment of an individual’s continued eligibility. CE is 

intended to complement continuous vetting efforts.

(e) “Continuous performance improvement” means assessing national policy and 

operations, adverse events, and emerging trends and technology throughout the 

Government’s end-to-end vetting program. It relies on research to generate datadriven decisions and uses outcome-based measurements to adjust policy and 

operations.

(f)“Continuous vetting” means reviewing the background of a covered individual 

at any time to determine whether that individual continues to meet applicable 

requirements.

(g) “Contractor” means an expert or consultant (not appointed under section 3109 

of title 5, United States Code) to an agency; an industrial or commercial 

contractor, licensee, certificate holder, or grantee of any agency, including all 

subcontractors; a personal services contractor; or any other category of person 

who performs work for or on behalf of an agency (but not a Federal employee).

(h) “Covered individual” means a person who performs, or who seeks to perform, 

work for or on behalf of the executive branch (e.g., Federal employee, military 

member, or contractor), or otherwise interacts with the executive branch such 

that the individual must undergo vetting, but does not include:

(i) the President or (except to the extent otherwise directed by the 

President) employees of the President under section 105 or 107 of title 3, 

United States Code; or 

(ii) the Vice President or (except to the extent otherwise directed by the 

Vice President) employees of the Vice President under section 106 of 

title 3 or annual legislative branch appropriations acts. 

(i) “End-to-end automation” means an executive branch-wide federated system 

that uses automation to manage and monitor cases and maintain relevant 
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documentation of the application (but not an employment application), 

investigation, adjudication, and continuous evaluation processes. 

(j) “Federally controlled facilities” and “federally controlled information 

systems” have the meanings prescribed in guidance pursuant to the Federal 

Information Security Management Act (title III of Public Law 107-347) and 

Homeland Security Presidential Directive 12. 

(k) “Fitness” means the level of character and conduct determined necessary for 

an individual to perform work for or on behalf of a Federal agency as an 

employee in the excepted service (other than a position subject to suitability), or 

as a “contractor employee” or a “nonappropriated fund employee” as those terms 

are defined in Executive Order 13488 of January 16, 2009, as amended.

(l) “Investigation” means the collection and analysis of pertinent facts and data to 

support a determination of whether a covered individual is, and continues to be:

(i) eligible for access to classified information;

(ii) eligible to hold a sensitive position;

(iii) suitable or fit for Federal employment;

(iv) fit to perform work for or on behalf of the Federal Government as a 

contractor or nonappropriated fund employee; or

(v) authorized to be issued a Federal credential.

(m) “Logical and physical access” means access other than occasional or 

intermittent access to federally controlled facilities or information systems. 

(n) “National Background Investigations Bureau” (NBIB) means the National 

Background Investigations Bureau, established within the Office of Personnel 

Management under section 1103(a)(3) of title 5, United States Code, or a 

successor entity, with responsibility for conducting effective, efficient, and 

secure personnel background investigations pursuant to law, rule, regulation, or 

Executive Order.

(o) “Sensitive position” means any position within or in support of a department 

or agency, the occupant of which could bring about, by virtue of the nature of the 

position, a material adverse effect on the national security, regardless of whether 

the occupant has access to classified information, and regardless of whether the 

occupant is an employee, a military service member, or a contractor.

(p) “Suitability” has the meaning and coverage provided in 5 CFR Part 731. 

(q) “Vetting” is the process by which covered individuals undergo investigation, 

evaluation, and adjudication of whether they are, and remain over time, suitable 

or fit for Federal employment, eligible to occupy a sensitive position, eligible for 

access to classified information, eligible to serve as a nonappropriated fund 

employee or a contractor, eligible to serve in the military, or authorized to be 
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issued a Federal credential. Vetting includes all steps in the end-to-end process, 

including determining need (appropriate position designation), validating need 

(existence of a current investigation or adjudication), collecting background 

information via standard forms, investigative activity, adjudication, providing 

administrative due process or other procedural rights, and ongoing assessments to 

ensure that individuals continue to meet the applicable standards for the position 

for which they were favorably adjudicated.

PART 2 —VETTING ENTERPRISE, RECIPROCITY, CONTINUOUS 

PERFORMANCE IMPROVEMENT, AND GOVERNANCE

SEC. 2.1. VETTING ENTERPRISE.

(a) The executive branch-wide vetting enterprise shall use, to the greatest extent 

practicable, aligned and consistent vetting policies, procedures, and standards, as 

determined by the Council and the Executive Agents. The Executive Agents shall 

issue guidance to implement this provision.

(b) The aligned executive branch-wide vetting enterprise shall employ modern 

and consistent standards and methods, enable innovations with enterprise 

information technology capabilities and end-to-end automation to the extent 

practicable, and ensure that relevant information maintained by agencies can be 

accessed and shared rapidly across the executive branch, while protecting 

national security, protecting privacy-related information, protecting civil rights 

and civil liberties, ensuring resulting decisions are in the national interest and in 

accordance with due process requirements, and providing the Federal 

Government with an effective trusted workforce.

(c) The investigative and adjudicative standards for fitness shall, to the extent 

practicable, be consistent with the standards for suitability. The Executive Agents 

shall establish in Federal investigative standards the elements of the level of 

investigation necessary for vetting for fitness.

(d) All covered individuals shall be subject to continuous vetting under standards 

(including, but not limited to, the frequency of such vetting) as determined by the 

Security Executive Agent or the Suitability and Credentialing Executive Agent 

exercising its Suitability Executive Agent functions, as applicable.

(e) Vetting shall include a search of records of the Federal Bureau of 

Investigation, including a fingerprint-based search, and any other appropriate 

biometric or database searches not precluded by law.
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SEC. 2.2. RECIPROCITY.

Except as otherwise authorized by law or policy issued by the applicable 

Executive Agent, agencies shall accept background investigations and 

adjudications conducted by other authorized agencies unless an agency 

determines that a particular background investigation or adjudication does not 

sufficiently address the standards used by that agency in determining the fitness 

of its excepted service employees who cannot be noncompetitively converted to 

the competitive service. Except as described above and except to the extent 

authority to apply additional requirements is vested by statute in an agency, an 

agency may not establish additional investigative or adjudicative requirements 

(other than requirements for the conduct of a polygraph examination consistent 

with law, directive, or regulation) that exceed existing requirements without the 

approval of the Suitability and Credentialing Executive Agent exercising its 

Suitability Executive Agent functions or Security Executive Agent, as 

appropriate. Any additional requirements approved by the appropriate Executive 

Agent shall be limited to those that are necessary to address significant needs 

unique to the agency involved, to protect national security, or to satisfy a 

requirement imposed by law.

SEC. 2.3. CONTINUOUS PERFORMANCE IMPROVEMENT.

Executive branch vetting policies, processes, and procedures shall be supported 

by institutionalized enterprise-wide continuous performance improvement, which 

shall align with and support process improvements.

SEC. 2.4. ESTABLISHMENT AND FUNCTIONS OF PERFORMANCE ACCOUNTABILITY 

COUNCIL.

(a) There is hereby established a Security, Suitability, and Credentialing 

Performance Accountability Council (Council).

(b) The Deputy Director for Management, Office of Management and Budget, 

shall serve as Chair of the Council and shall have authority, direction, and control 

over the Council’s functions. Membership on the Council shall include the 

Suitability and Credentialing Executive Agent, the Security Executive Agent, and 

the Under Secretary of Defense for Intelligence. These four officials collectively 

shall constitute “the Security, Suitability, and Credentialing Performance 

Accountability Council Principals.” The Director of the Defense 

Counterintelligence and Security Agency shall also serve as a member of the 

Council. The Chair shall select a Vice Chair to act in the Chair’s absence. The 

Chair shall have authority to designate officials from additional agencies who 
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shall serve as members of the Council. Council membership shall be limited to 

Federal Government employees in leadership positions.

(c) The Council shall be accountable to the President to achieve, consistent with 

this order, the goals of the executive branch vetting enterprise, and is responsible 

for driving implementation of reform efforts and enterprise development, 

ensuring accountability by agencies, ensuring the Executive Agents align their 

respective processes, and sustaining continuous performance improvement and 

reform momentum.

(d) The Council shall: 

(i) ensure enterprise-wide alignment of suitability, security, 

credentialing, and as appropriate, fitness processes;

(ii) hold agencies accountable for the implementation of suitability, 

security, fitness, and credentialing processes and procedures;

(iii) define requirements for enterprise-wide reciprocity management 

information technology, and develop standards for enterprise-wide 

information technology;

(iv) work with agencies to implement continuous performance 

improvement programs, policies, and procedures; establish annual goals 

and progress metrics; and prepare annual reports on results;

(v) ensure and oversee the development of tools and techniques for 

enhancing background investigations and adjudications;

(vi) enable discussion and consensus resolution of differences in 

processes, policies, and procedures among the Council Principals, and 

other agencies as appropriate;

(vii) share best practices;

(viii) advise the Executive Agents on policies affecting the alignment of 

investigations and adjudications;

(ix) work with agencies to develop agency policies and procedures to 

enable sharing of vetting information consistent with the law and the 

protection of privacy and civil liberties and to the extent necessary for 

enterprise-wide efficiency, effectiveness, and security;

(x) monitor performance to identify and drive enterprise-level process 

enhancements, and make recommendations for changes to executive 

branch-wide guidance and authorities to resolve overlaps or close policy 

gaps where they may exist; 

(xi) promote data-driven, transparent, and expeditious policy-making 

processes; and
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(xii) develop and continuously reevaluate and revise outcome-based 

metrics that measure the quality, efficiency and effectiveness of the 

vetting enterprise.

(e) The Chair shall, to further the goals of the vetting enterprise and to the extent 

consistent with law, establish subordinate entities, mechanisms, and policies to 

support and assist in exercising the Council’s authorities and responsibilities, and 

facilitate, consistent with the executive branch’s enterprise strategy, adoption of 

enterprise-wide standards and solutions to ensure security, quality, reciprocity, 

efficiency, effectiveness, and timeliness. The Chair may assign, in whole or in 

part, to the head of any agency (solely or jointly) any function within the 

Council’s authority or responsibilities pursuant to this order.

SEC. 2.5. ESTABLISHMENT, DESIGNATION, AND FUNCTIONS OF EXECUTIVE 

AGENTS.

(a) There are hereby established a Suitability and Credentialing Executive Agent 

and a Security Executive Agent.

(b) The Director of the Office of Personnel Management shall serve as the 

Suitability and Credentialing Executive Agent. With respect to the Suitability 

Executive Agent functions, the Director:

(i) shall, pursuant to sections 1103 and 1104 of title 5, United States 

Code, and the Civil Service Rules, be responsible for suitability and 

fitness by prescribing suitability standards and minimum standards of 

fitness for employment; prescribing position designation requirements 

with regard to the risk to the efficiency and integrity of the service; 

prescribing applicable investigative standards, policies, and procedures 

for suitability and fitness; prescribing suitability and fitness reciprocity 

standards; making suitability determinations; and taking suitability 

actions;

(ii) shall issue regulations, guidance, and standards to fulfill the 

Director’s responsibilities related to suitability and fitness under 

Executive Order 13488 of January 16, 2009, as amended;

(iii) shall promote reciprocal recognition of suitability or fitness 

determinations among the agencies, including acting as the final 

authority to arbitrate and resolve disputes among the agencies involving 

the reciprocity of investigations and adjudications of suitability and 

fitness;

(iv) shall continue to initially approve, and periodically review for 

renewal, agencies’ requests to administer polygraphs in connection with 
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appointment in the competitive service, in consultation with the Security 

Executive Agent as appropriate;

(v) shall make a continuing review of agency programs for suitability 

and fitness vetting to determine whether they are being implemented 

according to this order;

(vi) may issue guidelines and instructions to the heads of agencies to 

promote appropriate uniformity, centralization, efficiency, effectiveness, 

reciprocity, timeliness, and security in processes relating to determining 

suitability or fitness; and

(vii) shall, pursuant to section 1104 of title 5, United States Code, 

prescribe performance standards and a system of oversight for any 

suitability or fitness function delegated by the Director to the head of 

another agency, including uniform and consistent policies and 

procedures to ensure the effective, efficient, timely, and secure 

completion of delegated functions.

(c) With respect to the Credentialing Executive Agent functions, the Director of 

the Office of Personnel Management:

(i) shall develop standards for investigations, reinvestigations, and 

continuous vetting for a covered individual’s eligibility for a personal 

identity verification credential permitting logical and physical access to 

federally controlled facilities and federally controlled information 

systems (PIV credential);

(ii) shall develop adjudicative guidelines for a covered individual’s 

eligibility for a PIV credential;

(iii) shall develop guidelines on reporting and recording determinations 

of eligibility for a PIV credential;(iv) shall develop standards for 

unfavorable determinations of eligibility for a PIV credential, including 

procedures for denying and revoking the eligibility for a PIV credential, 

for reconsideration of unfavorable determinations, and for rendering the 

PIV credential inoperable;

(v) shall develop standards and procedures for suspending eligibility for 

a PIV credential when there is a reasonable basis to believe there may be 

an unacceptable risk pending an inquiry or investigation, including 

special standards and procedures for imminent risk; (vi) shall be 

responsible for developing uniform and consistent policies and 

procedures to ensure the effective, efficient, timely, and secure 

completion of investigations and adjudications relating to eligibility for a 

PIV credential;
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(vii) may develop guidelines and instructions to the heads of agencies as 

necessary to ensure appropriate uniformity, centralization, efficiency, 

effectiveness, and timeliness in processes relating to eligibility for a PIV 

credential;

(viii) shall monitor and make a continuing review of agency programs 

for determining eligibility for a PIV credential to determine whether they 

are being implemented according to this order; and

(ix) shall consult to the extent practicable with other agencies with 

responsibilities related to PIV credentials to ensure that policies and 

procedures are consistent with law including:

(A) the Office of Management and Budget, in exercising its 

responsibilities under section 11331 of title 40, United States 

Code, section 3553(a) of title 44, United States Code, division A, 

sections 1086(b)(2) and (b)(3) of Public Law 114-92, and 

Homeland Security Presidential Directive 12 of August 27, 

2004;

(B) the Department of Homeland Security, in exercising its 

responsibilities under sections 3553(b), (f), and (g) of title 44, 

United States Code;

(C) the Department of Defense, in exercising its responsibilities 

under section 3553(e) of title 44, United States Code, and 

division A, sections 1086(a)(1)(E), (b)(1), and (b)(2) of Public 

Law 114-92;

(D) the Office of the Director of National Intelligence, in 

exercising its responsibilities under section 3553(e) of title 44, 

United States Code, and division A, section 1086(b)(2) of Public 

Law 114-92;

(E) the Department of Commerce and the National Institute of 

Standards and Technology, in exercising their responsibilities 

under section 278g-3 of title 15, United States Code, and 

Homeland Security Presidential Directive 12 of August 27, 

2004;

(F) the General Services Administration, in exercising its 

responsibilities under division A, section 1086(b)(2) of Public 

Law 114-92; and

(G) the Federal Acquisition Regulation agencies, in exercising 

their responsibilities under chapter 137 of title 10, section 121(c) 

of title 40, and section 20113 of title 51, United States Code.
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(d) In fulfilling the Credentialing Executive Agent function of developing 

policies and procedures for determining eligibility for a PIV credential and to 

protect the national security, the Director of the Office of Personnel Management 

shall coordinate with and obtain the concurrence of the other Council Principals. 

Agencies with authority to establish standards or guidelines or issue instructions 

related to PIV credentials shall retain the discretion as to whether to establish 

policies, guidelines, or instructions developed by the Credentialing Executive 

Agent.

(e) The Director of National Intelligence shall serve as the Security Executive 

Agent. The Security Executive Agent:

(i) shall direct the oversight of investigations, reinvestigations, 

adjudications, and, as applicable, polygraphs for eligibility for access to 

classified information or eligibility to hold a sensitive position made by 

any agency;

(ii) shall make a continuing review of agencies’ national security 

background investigation and adjudication programs to determine 

whether they are being implemented according to this order;

(iii) shall be responsible for developing and issuing uniform and 

consistent policies and procedures to ensure the effective, efficient, 

timely, and secure completion of investigations, polygraphs, and 

adjudications relating to determinations of eligibility for access to 

classified information or eligibility to hold a sensitive position;

(iv) may issue guidelines and instructions to the heads of agencies to 

ensure appropriate uniformity, centralization, efficiency, effectiveness, 

timeliness, and security in processes relating to determinations by 

agencies of eligibility for access to classified information or eligibility to 

hold a sensitive position, to include such matters as investigations, 

polygraphs, adjudications, and reciprocity;

(v) may, if consistent with the national security, authorize exceptions to 

or waivers of national security investigative requirements, and may issue 

implementing or clarifying guidance as necessary;

(vi) shall serve as the final authority to designate an agency or agencies, 

to the extent that it is not practicable to use the Defense 

Counterintelligence and Security Agency, to conduct investigations of 

persons who are proposed for access to classified information or for 

eligibility to hold a sensitive position to ascertain whether such persons 

satisfy the criteria for obtaining and retaining access to classified 

information or eligibility to hold a sensitive position;
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(vii) shall serve as the final authority to designate an agency or agencies 

to determine eligibility for access to classified information or eligibility 

to hold a sensitive position in accordance with Executive Order 12968 of 

August 2, 1995, as amended;

(viii) shall ensure reciprocal recognition of eligibility for access to 

classified information or eligibility to hold a sensitive position among the 

agencies, including acting as the final authority to arbitrate and resolve 

disputes among the agencies involving the reciprocity of investigations 

and adjudications of eligibility; and

(ix) may assign, in whole or in part, to the head of any agency (solely or 

jointly) any of the functions detailed in (i) through (viii) of this 

subsection, with the agency’s exercise of such assigned functions to be 

subject to the Security Executive Agent’s oversight and with such terms 

and conditions (including approval by the Security Executive Agent) as 

the Security Executive Agent determines appropriate.

(f) Nothing in this section shall be construed in a manner that would limit the 

authorities of the Director of the Office of Personnel Management, the Director 

of National Intelligence, or the Secretary of Defense under law.

SEC. 2.6. ROLES AND RESPONSIBILITIES OF THE DEPARTMENT OF DEFENSE, THE 

OFFICE OF PERSONNEL MANAGEMENT, AND THE OFFICE OF MANAGEMENT AND 

BUDGET.

(a) The National Background Investigations Bureau shall, until such functions 

are transferred or delegated, as applicable, to the Defense Counterintelligence 

and Security Agency:

(i) serve as the primary executive branch service provider for background 

investigations for eligibility for access to classified information; 

eligibility to hold a sensitive position; suitability or, for employees in 

positions not subject to suitability, fitness for Government employment; 

fitness to perform work for or on behalf of the Government as a 

contractor; fitness to work as a nonappropriated fund employee, as 

defined in Executive Order 13488 of January 16, 2009, as amended; and 

authorization to be issued a Federal credential for logical and physical 

access to federally controlled facilities or information systems;

(ii) provide effective, efficient, and secure personnel background 

investigations for the Federal Government;

(iii) provide the Council information, to the extent permitted by law, on 

matters of performance, timeliness, capacity, information technology 
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modernization, continuous performance improvement, and other relevant 

aspects of NBIB operations;

(iv) be headquartered in or near Washington, District of Columbia;

(v) have dedicated resources, including but not limited to a senior 

privacy and civil liberties official;

(vi) institutionalize interagency collaboration and leverage expertise 

across the executive branch;

(vii) continuously improve investigative operations, emphasizing 

information accuracy and protection, and regularly integrate best 

practices, including those identified by subject matter experts from 

industry, academia, or other relevant sources;

(viii) conduct personnel background investigations in accordance with 

uniform and consistent policies, procedures, standards, and requirements 

established by the Security Executive Agent and the Suitability and 

Credentialing Executive Agent exercising its Suitability Executive Agent 

functions; and

(ix) conduct other personnel background investigations as authorized by 

law, rule, regulation, or Executive Order;

except that throughout the transition period ending on or before September 30, 

2019, as described in sections 2.6(d)(vi) and 2.6(e)(viii) of this order, the 

National Background Investigations Bureau and its personnel may continue to 

perform background investigations for the Defense Counterintelligence and 

Security Agency.

(b) The Secretary of Defense shall design, develop, deploy, operate, secure, 

defend, and continuously update and modernize, as necessary, vetting 

information technology systems that support all background investigation 

processes conducted by the National Background Investigations Bureau. Design 

and operation of the information technology systems for the National 

Background Investigations Bureau shall comply with applicable information 

technology standards and, to the extent practicable, ensure security and 

interoperability with other background investigation information technology 

systems. The Secretary of Defense shall operate the database in the information 

technology systems containing appropriate data relevant to the granting, denial, 

or revocation of eligibility for access to classified information or eligibility for a 

sensitive position pertaining to military, civilian, or Government contractor 

personnel, see section 3341(e) of title 50, United States Code, consistent with and 

following an explicit delegation from the Director of the Office of Personnel 

Management pursuant to section 1104 of title 5, United States Code.
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(i) Pursuant to sections 113 and 191 of title 10, United States Code, the 

Secretary of Defense shall rename the Defense Security Service (DSS) as 

the Defense Counterintelligence and Security Agency (DCSA). Subject 

to the authority, direction, and control of the Secretary of Defense and as 

further described in subsections (b)(ii) through (b)(iv) of this section, the 

DCSA shall serve as the primary Federal entity for conducting 

background investigations for the Federal Government. The DCSA shall, 

as a continuation of the former DSS, serve as the primary Department of 

Defense component for the National Industrial Security Program and 

shall execute responsibilities relating to continuous vetting, insider threat 

programs, and any other responsibilities assigned to it by the Secretary of 

Defense consistent with law. The Secretary of Defense may rename the 

DCSA and reassign any of its responsibilities to another Department of 

Defense component or components, provided, however, that the 

Secretary of Defense shall consult with the Directors of National 

Intelligence, the Office of Personnel Management, and the Office of 

Management and Budget before renaming the DCSA or reassigning the 

responsibilities specified in section 2.6(b)(ii) and (iv) of this order to 

another Department of Defense component. 

(ii) Pursuant to and consistent with section 3001(c) of the Intelligence 

Reform and Terrorism Prevention Act of 2004 (50 U.S.C. § 3341(c)), 

sections 925(a)(1) and (d)(2) of the National Defense Authorization Act 

for Fiscal Year 2018 (10 U.S.C. § 1564 note), and in accordance with 

subsection (d) of this section, no later than June 24, 2019, the DCSA 

shall serve as the primary entity for conducting effective, efficient, and 

secure background investigations for the Federal Government for 

determining whether covered individuals are or continue to be eligible 

for access to classified information or eligible to hold a sensitive 

position.

(iii) Pursuant to and consistent with sections 925(a)(1) and (d)(2) of the 

National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. § 

1564 note) and in accordance with subsection (d) of this section, no later 

than June 24, 2019, the DCSA shall serve as the primary entity for 

conducting effective, efficient, and secure background investigations for 

determining the suitability or, for employees in positions not subject to 

suitability, fitness for Department of Defense employment; fitness to 

perform work for or on behalf of the Department of Defense as a 

contractor; fitness to work as a nonappropriated fund employee, as 
EXECUTIVE ORDER 13467, SUITABILITY FOR GOVERNMENT EMPLOYMENT,

FITNESS FOR CONTRACTOR EMPLOYEES, AND ACCESS TO 

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762

defined in Executive Order 13488 of January 16, 2009, as amended; and 

authorization to be issued a Federal credential for logical and physical 

access to facilities or information systems controlled by the Department 

of Defense.

(iv) Consistent with and following an explicit delegation from the 

Director of the Office of Personnel Management pursuant to section 

1104 of title 5, United States Code, and consistent with subsection (e) of 

this section, no later than June 24, 2019, the DCSA shall serve as the 

primary entity for conducting effective, efficient, and secure background 

investigations for the Federal Government not described in subsections 

(b)(ii) and (b)(iii) of this section, for determining suitability or, for 

employees in positions not subject to suitability, fitness for Government 

employment; fitness to perform work for or on behalf of the Government 

as a contractor; fitness to work as a nonappropriated fund employee, as 

defined in Executive Order 13488 of January 16, 2009, as amended; and 

authorization to be issued a Federal credential for logical and physical 

access to federally controlled facilities or information systems. 

(v) The DCSA shall conduct other background investigations as 

authorized by law, designation, rule, regulation, or Executive Order.

(vi) The DCSA shall provide information to the Council established by 

section 2.4 of this order regarding matters of performance, including 

timeliness and continuous improvement, capacity, information 

technology modernization, and other relevant aspects of its operations. 

The DCSA shall be subject to the oversight of the Security Executive 

Agent, including implementation of Security Executive Agent policies, 

procedures, guidance, and instructions, in conducting investigations for 

eligibility to access classified information or to hold a sensitive position. 

The DCSA, through the Secretary of Defense, also shall be subject to the 

oversight of the Suitability and Credentialing Executive Agent, including 

implementation of Suitability and Credentialing Executive Agent 

policies, procedures, guidance, and instructions, and applicable Office of 

Personnel Management regulations, in conducting investigations of 

suitability or fitness and eligibility for logical and physical access.

(vii) The Secretary of Defense shall design, develop, deploy, operate, 

secure, defend, and continuously update and modernize, as necessary, 

information technology systems that support all personnel vetting 

processes conducted by the Department of Defense. Design and 

operation of these information technology systems shall comply with 
EXECUTIVE ORDER 13467, SUITABILITY FOR GOVERNMENT EMPLOYMENT,

FITNESS FOR CONTRACTOR EMPLOYEES, AND ACCESS TO 

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applicable information technology standards and, to the extent 

practicable, ensure security and interoperability with other personnel 

vetting or related information technology systems. The Secretary of 

Defense shall maintain and safeguard the information relevant to the 

granting, denial, or revocation of eligibility for access to classified 

information, or eligibility for a sensitive position, or relevant to 

suitability, fitness, or credentialing determinations pertaining to military, 

civilian, or Government contractor personnel. The Secretary of Defense 

shall operate the database in the information technology systems 

containing appropriate data relevant to the granting, denial, or revocation 

of eligibility for access to classified information or eligibility for a 

sensitive position pertaining to military, civilian, or Government 

contractor personnel, see section 3341(e) of title 50, United States Code, 

consistent with, as applicable, an explicit delegation from the Director of 

the Office of Personnel Management pursuant to section 1104 of title 5, 

United States Code.

(viii) The Secretary of Defense shall, by June 24, 2019, execute a written 

agreement with the Director of the Office of Personnel Management 

designating the appropriate support functions to be transferred as part of 

the investigative mission, consistent with section 925(d)(2)(B) of the 

National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. § 

1564 note), and setting forth expectations for the transition period, 

including for detailing personnel, funding background investigations, 

using and safeguarding information technology, managing facilities and 

property, contracting, administrative support, records access, and 

addressing any claims.

(ix) The Secretary of Defense shall, upon finalization of the agreement 

described in paragraph (viii) of this subsection and in accordance with its 

terms:

(A) establish the Personnel Vetting Transformation Office within 

the Department of Defense, which will include personnel from the 

Department of Defense and other stakeholder agencies, as 

appropriate; and

(B) commence efforts to receive transferred or delegated functions 

and, as appropriate, associated Office of Personnel Management 

operations, resources, and personnel, to the DCSA.
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(x) The Secretary of Defense shall:

(A) no later than June 24, 2019, and every 180 days thereafter until 

the transfer is complete, provide a report to the President, in 

coordination with the Director of the Office of Personnel 

Management and through the Director of the Office of 

Management and Budget, regarding the status of the transfer, 

including any resource or funding shortfall and gaps in authority;

(B) take necessary actions to enable the Department of Defense to 

receive any resources, including personnel, made available as a 

result of subsection (d) of this section; and

(C) notify the President upon completion of the transition period.

(xi) In the event the agreement described in paragraph (viii) of this 

subsection and section 2.6(e)(v) of this order is not executed by June 24, 

2019, beginning on such date, the Secretary of Defense shall begin to 

take necessary actions to begin execution of paragraph (ix) until the 

agreement described in paragraph (viii) of this subsection is executed, at 

which time the Secretary of Defense shall ensure actions subject to such 

agreement under paragraph (ix) of this subsection are executed in 

accordance with its terms.

(c) Existing delegations of authority to conduct background investigations made 

by the Director of the Office of Personnel Management, as the Suitability and 

Credentialing Executive Agent or as otherwise authorized by statute or Executive 

Order, to any agency relating to suitability, fitness, or credentialing 

determinations, existing designations made by the Director of National 

Intelligence, as the Security Executive Agent or as otherwise authorized by 

statute or Executive Order, relating to investigating persons who are proposed for 

access to classified information or for eligibility to hold a sensitive position, or 

existing delegations of authority to conduct background investigations made by 

the President to any other agency through any Executive Order shall remain in 

effect. Nothing in this order shall be construed to limit the authority of any 

agency to conduct its own background investigations when specifically 

authorized or directed to do so by statute or any preexisting delegation from the 

President.

(d) Consistent with section 3503 of title 5, United States Code, subchapter I of 

chapter 83 of title 10, United States Code, and section 925(d)(1) of the National 

Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. § 1564 note), the 

Secretary of Defense and the Director of the Office of Personnel Management, in 

consultation with the Director of the Office of Management and Budget and the 
EXECUTIVE ORDER 13467, SUITABILITY FOR GOVERNMENT EMPLOYMENT,

FITNESS FOR CONTRACTOR EMPLOYEES, AND ACCESS TO 

CLASSIFIED INFORMATION

765

Security Executive Agent, shall, consistent with applicable law, provide for the 

transfer of the functions described in sections 2.6(b)(ii) and (iii) of this order 

from the Office of Personnel Management’s NBIB to DCSA, and any appropriate 

Office of Personnel Management-associated personnel and resources, including 

infrastructure and the investigation-related support functions. The transfer shall 

commence no later than June 24, 2019, and shall:

(i) be executed with the assistance of the Personnel Vetting 

Transformation Office established pursuant to paragraph (b)(ix) of this 

section, which shall, in providing such assistance, consider input from 

other stakeholder agencies, as appropriate;

(ii) be conducted in accordance with a risk management approach that is 

consistent with Office of Management and Budget Circular A-123;

(iii) include any appropriate funds that the Secretary of Defense and the 

Director of the Office of Personnel Management, with the concurrence of 

the Director of the Office of Management and Budget, determine to be 

available and necessary to finance and discharge the functions 

transferred;

(iv) be consistent with the transition from legacy information technology 

as required by subsection (b)(vii) of this section;

(v) build upon the implementation plan developed pursuant to section 

951(a)(1) of the National Defense Authorization Act for Fiscal Year 

2017 (Public Law 114-328), which is being implemented pursuant to 

section 925 of the National Defense Authorization Act for Fiscal Year 

2018 (10 U.S.C. § 1564 note); and

(vi) permit NBIB to conduct background investigations for DCSA, as 

necessary, until September 30, 2019.

(e) The Director of the Office of Personnel Management shall:

(i) no later than June 24, 2019, take any steps necessary to make 

effective the delegation, pursuant to section 1104(a)(2) of title 5, United 

States Code, of the functions described in subsection (b)(iv) of this 

section;

(ii) promptly establish appropriate performance standards and oversight 

as required by section 1104(b) of title 5, United States Code;

(iii) work in coordination with the Secretary of Defense to reassign 

appropriate resources, including personnel, to the DCSA and provide all 

necessary and appropriate support to the DCSA in a timely manner to 

enable it to fulfill its responsibilities under this order;
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FITNESS FOR CONTRACTOR EMPLOYEES, AND ACCESS TO 

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(iv) no later than June 24, 2019, provide the Secretary of Defense with a 

complete inventory of NBIB personnel, resources, and assets, and other 

Office of Personnel Management personnel and resources that primarily 

support NBIB;

(v) no later than June 24, 2019, execute a written agreement with the 

Secretary of Defense designating the appropriate support functions to be 

transferred as part of the investigative mission, consistent with section 

925(d)(2)(B) of the National Defense Authorization Act for Fiscal Year 

2018 (10 U.S.C. § 1564 note), as described in section 2.6(b)(viii) of this 

order;

(vi) immediately upon the finalization of the agreement described in 

paragraph (v) of this subsection and section 2.6(b)(viii) of this order, 

commence efforts to transition transferred or delegated functions and, as 

appropriate, associated Office of Personnel Management authorities, 

operations, resources, and personnel, to the DCSA;

(vii) during the transition period, coordinate with the Department of 

Defense regarding any decisions concerning NBIB’s personnel structure, 

finances, contracts, or organization to the extent provided in the written 

agreement described by paragraph (b)(viii) of this section;

(viii) no later than September 30, 2019, complete the transfer of all 

designated administrative and operational functions to the Department of 

Defense and revoke any applicable delegation or designation to NBIB of 

investigative or other authority; and

(ix) in the event the agreement described in paragraph (v) of this 

subsection and section 2.6(b)(viii) of this order is not executed by June 

24, 2019, beginning on such date, the Director of the Office of Personnel 

Management shall begin to take necessary actions to begin execution of 

paragraphs (iii) through (viii) of this subsection until the agreement 

described in paragraph (v) of this subsection and section 2.6(b)(viii) of 

this order is executed, at which time the Director of the Office of 

Personnel Management shall ensure actions subject to such agreement 

under paragraphs (iii) through (viii) of this subsection are executed in 

accordance with its terms.

(f) The Director of the Office of Management and Budget shall:

(i) facilitate an effective transfer of functions, including personnel and 

resources;

(ii) support the Department of Defense’s efforts to establish a single, 

centralized funding capability for its background investigations, as 
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FITNESS FOR CONTRACTOR EMPLOYEES, AND ACCESS TO 

CLASSIFIED INFORMATION

767

required by section 925(e)(1) of the National Defense Authorization Act 

for Fiscal Year 2018 (10 U.S.C. § 1564 note);

(iii) mediate any disagreements between the Secretary of Defense and the 

Director of the Office of Personnel Management that may arise during or 

outside of the transition period and facilitate resolution of the conflicting 

positions; and

(iv) develop, in consultation with the Secretary of Defense and the 

Director of the Office of Personnel Management, an appropriate funding 

plan for the activities undertaken pursuant to this order. 

SEC. 2.7. ADDITIONAL FUNCTIONS.

(a) The duties assigned to the Security Policy Board by Executive Order 12968 

of August 2, 1995, to consider, coordinate, and recommend policy directives for 

executive branch security policies, procedures, and practices are reassigned to the 

Security Executive Agent. 

(b) Heads of agencies shall:

(i) designate, or cause to be designated, as a “sensitive position,” any 

position occupied by a covered individual in which the occupant could 

bring about by virtue of the nature of the position, a material adverse 

effect on the national security;

(ii) establish and maintain within their respective agencies, an effective 

program to ensure that employment and retention of any covered 

individual within the agency is clearly consistent with the interests of 

national security and, as applicable, meets standards for eligibility for 

access to classified information or to hold a sensitive position, suitability, 

fitness, or credentialing, established by the respective Executive Agent;

(iii) carry out any function assigned to the agency head by the Chair, and 

shall assist the Chair, the Council, the Executive Agents, the National 

Background Investigations Bureau, and the Department of Defense in 

carrying out any function under sections 2.4, 2.5, and 2.6 of this order;

(iv) implement any policy or procedure established pursuant to this 

order;

(v) to the extent permitted by law, make available to the Council, the 

Executive Agents, the National Background Investigations Bureau, and 

the Department of Defense such information as may be requested to 

implement this order, including information necessary to implement 

enterprise-wide vetting policies and procedures;
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FITNESS FOR CONTRACTOR EMPLOYEES, AND ACCESS TO 

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(vi) except as authorized by section 3341(e)(5) of title 50, United States 

Code, promptly furnish, or cause to be promptly furnished, to the Office 

of Personnel Management the information deemed by the Executive 

Agents to be necessary for purposes of record keeping and reciprocity 

including, but not limited to, the date on which a background 

investigation is initiated, the date on which the background investigation 

is closed, and the specific adjudicative or access decision made. The 

Executive Agents shall determine the appropriate timeline pursuant to 

which this information must be reported to the Office of Personnel 

Management. The Executive Agents shall maintain discretion to 

determine the scope of information needed for record keeping and 

reciprocity purposes. The Office of Personnel Management shall 

regularly provide this information to the Director of National Intelligence 

for national security purposes.

(vii) ensure that all actions taken under this order take account of the 

counterintelligence interests of the United States, as appropriate; and

(viii) ensure that actions taken under this order are consistent with the 

President’s constitutional authority to: 

(A) conduct the foreign affairs of the United States; 

(B) withhold information the disclosure of which could impair 

the foreign relations, the national security, the deliberative 

processes of the Executive, or the performance of the 

Executive’s constitutional duties; 

(C) recommend for congressional consideration such measures 

as the President may judge necessary or expedient; and 

(D) supervise the unitary executive branch. 

(c) All investigations being conducted by agencies that develop information 

indicating that an individual may have been subjected to coercion, influence, or 

pressure to act contrary to the interests of the national security, or information 

that the individual may pose a counterintelligence or terrorist threat, or as 

otherwise provided by law, shall be referred to the Federal Bureau of 

Investigation for potential investigation, and may also be referred to other 

agencies where appropriate.
EXECUTIVE ORDER 13467, SUITABILITY FOR GOVERNMENT EMPLOYMENT,

FITNESS FOR CONTRACTOR EMPLOYEES, AND ACCESS TO 

CLASSIFIED INFORMATION

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PART 3 – MISCELLANEOUS

SEC. 3. GENERAL PROVISIONS.

(a) Executive Order 13381 of June 27, 2005, as amended, and Executive Order 

10450 of April 27, 1953, as amended, are revoked. By revoking Executive Order 

10450 of April 27, 1953, as amended, there is no intent to alter the requirement 

for an investigation for national security purposes or the “clearly consistent with 

the interest of national security” standard prescribed by that Executive Order for 

making the determinations referenced in section 2.7(b)(ii). Further, suitability, 

fitness, credentialing, and national security eligibility regulations, standards and 

guidance issued by, or interagency agreements entered into by, the Council, the 

Executive Agents, or any agency pursuant to Executive Order 10450 of April 27, 

1953, as amended, shall remain valid until superseded. Nothing in this order 

shall:

(i) supersede, impede, or otherwise affect: 

(A) Executive Order 10577 of November 23, 1954, as amended; 

(B) Executive Order 12333 of December 4, 1981, as amended; 

(C) Executive Order 12829 of January 6, 1993, as amended; or 

(D) Executive Order 13526 of December 29, 2009; nor 

(ii) diminish or otherwise affect the denial and revocation procedures 

provided to individuals covered by Executive Order 10865 of 

February 20, 1960, as amended; or

(iii) be applied in such a way as to affect any administrative proceeding 

pending on the date of this order.

(b) [Amended EO 12968.]

(c) Provisions of Executive Order 12968 of August 2, 1995, as amended, that 

apply to eligibility for access to classified information shall apply to eligibility to 

hold any sensitive position regardless of whether that sensitive position requires 

access to classified information, subject to the Security Executive Agent issuing 

implementing or clarifying guidance regarding requirements for sensitive 

positions. Nothing in this order shall supersede, impede, or otherwise affect the 

remainder of Executive Order 12968 of August 2, 1995, as amended.

(d) Nothing in this order shall be construed to impair or otherwise affect the: 

(i) authority granted by law to a department or agency, or the head 

thereof; or 

(ii) functions of the Director of the Office of Management and Budget 

relating to budgetary, administrative, or legislative proposals. 
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FITNESS FOR CONTRACTOR EMPLOYEES, AND ACCESS TO 

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(e) This order shall be implemented consistent with applicable law and subject to 

the availability of appropriations. 

(f) Existing delegations of authority made pursuant to Executive Order 13381 of 

June 27, 2005, as amended, to any agency relating to granting eligibility for 

access to classified information shall remain in effect, subject to the exercise of 

authorities pursuant to this order to revise or revoke such delegation.

(g) Existing delegations of authority made by the Office of Personnel 

Management to any agency relating to suitability or fitness shall remain in effect, 

subject to the exercise of authorities to revise or revoke such delegations.

(h) If any provision of this order or the application of such provision is held to be 

invalid, the remainder of this order shall not be affected. 

(i) This order is not intended to, and does not, create any right or benefit, 

substantive or procedural, enforceable at law or in equity by any party against the 

United States, its departments, agencies, or entities, its officers, employees, or 

agents, or any other person.

-/S/- George W. Bush

THE WHITE HOUSE, 

June 30, 2008.
EXECUTIVE ORDER 13491, ENSURING LAWFUL INTERROGATION

771

EXECUTIVE ORDER 13491:

ENSURING LAWFUL INTERROGATION

[Signed: January 22, 2009, Federal Register Vol. 74, No. 16 (January 27, 2009)]

By the authority vested in me by the Constitution and the laws of the United 

States of America, in order to improve the effectiveness of human intelligence 

gathering, to promote the safe, lawful, and humane treatment of individuals in 

United States custody and of United States personnel who are detained in armed 

conflicts, to ensure compliance with the treaty obligations of the United States, 

including the Geneva Conventions, and to take care that the laws of the United 

States are faithfully executed, I hereby order as follows:

SECTION 1. REVOCATION. Executive Order 13440 of July 20, 2007, is 

revoked. All executive directives, orders, and regulations inconsistent with this 

order, including but not limited to those issued to or by the Central Intelligence 

Agency (CIA) from September 11, 2001, to January 20, 2009, concerning 

detention or the interrogation of detained individuals, are revoked to the extent of 

their inconsistency with this order. Heads of departments and agencies shall take 

all necessary steps to ensure that all directives, orders, and regulations of their 

respective departments or agencies are consistent with this order. Upon request, 

the Attorney General shall provide guidance about which directives, orders, and 

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 Intelligence 

Collector Operations, issued by the Department of the Army on September 6, 

2006.

(b) “Army Field Manual 34-52” means FM 34-52, Intelligence Interrogation, 

issued by the Department of the Army on May 8, 1987.

(c) “Common Article 3” means Article 3 of each of the Geneva Conventions.

(d) “Convention Against Torture” means the Convention Against Torture and 

Other Cruel, Inhuman or Degrading Treatment or Punishment, December 10, 

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 Wounded 

and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3114);

(ii) the Convention for the Amelioration of the Condition of Wounded, 

Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 

1949 (6 UST 3217);
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(iii) the Convention Relative to the Treatment of Prisoners of War, 

August 12, 1949 (6 UST 3316); and

(iv) the Convention Relative to the Protection of Civilian Persons in 

Time of War, August 12, 1949 (6 UST 3516).

(f) “Treated humanely,” “violence to life and person,” “murder of all kinds,”

“mutilation,” “cruel treatment,” “torture,” “outrages upon personal dignity,” and 

“humiliating and degrading treatment” refer to, and have the same meaning as, 

those same terms in Common Article 3.

(g) The terms “detention facilities” and “detention facility” in section 4(a) of this 

order do not refer to facilities used only to hold people on a short-term, transitory 

basis.

SEC. 3. STANDARDS AND PRACTICES FOR INTERROGATION OF INDIVIDUALS IN 

THE CUSTODY OR CONTROL OF THE UNITED STATES IN ARMED CONFLICTS.

(a) Common Article 3 Standards as a Minimum Baseline. Consistent with the 

requirements of the Federal torture statute, 18 U.S.C. 2340 2340A, section 1003 

of the Detainee Treatment Act of 2005, 42 U.S.C. 2000dd, the Convention 

Against Torture, Common Article 3, and other laws regulating the treatment and 

interrogation of individuals detained in any armed conflict, such persons shall in 

all circumstances be treated humanely and shall not be subjected to violence to 

life and person (including murder of all kinds, mutilation, cruel treatment, and 

torture), nor to outrages upon personal dignity (including humiliating and 

degrading treatment), whenever such individuals are in the custody or under the 

effective control of an officer, employee, or other agent of the United States 

Government or detained within a facility owned, operated, or controlled by a 

department or agency of the United States.

(b) Interrogation Techniques and Interrogation-Related Treatment. Effective 

immediately, an individual in the custody or under the effective control of an 

officer, employee, or other agent of the United States Government, or detained 

within a facility owned, operated, or controlled by a department or agency of the 

United States, in any armed conflict, shall not be subjected to any interrogation 

technique or approach, or any treatment related to interrogation, that is not 

authorized by and listed in Army Field Manual 2-22.3 (Manual). Interrogation 

techniques, approaches, and treatments described in the Manual shall be 

implemented strictly in accord with the principles, processes, conditions, and 

limitations the Manual prescribes. Where processes required by the Manual, such 

as a requirement of approval by specified Department of Defense officials, are 

inapposite to a department or an agency other than the Department of Defense, 

such a department or agency shall use processes that are substantially equivalent 

to the processes the Manual prescribes for the Department of Defense. Nothing in 

this section shall preclude the Federal Bureau of Investigation, or other Federal 
EXECUTIVE ORDER 13491, ENSURING LAWFUL INTERROGATION

773

law enforcement agencies, from continuing to use authorized, non-coercive 

techniques of interrogation that are designed to elicit voluntary statements and do 

not involve the use of force, threats, or promises.

(c) Interpretations of Common Article 3 and the Army Field Manual. From this 

day forward, unless the Attorney General with appropriate consultation provides 

further guidance, officers, employees, and other agents of the United States 

Government may, in conducting interrogations, act in reliance upon Army Field 

Manual 2-22.3, but may not, in conducting interrogations, rely upon any 

interpretation of the law governing interrogation —including interpretations of 

Federal criminal laws, the Convention Against Torture, Common Article 3, 

Army Field Manual 2-22.3, and its predecessor document, Army Field Manual 

34-52 – issued by the Department of Justice between September 11, 2001, and 

January 20, 2009.

SEC. 4. PROHIBITION OF CERTAIN DETENTION FACILITIES, AND RED CROSS 

ACCESS TO DETAINED INDIVIDUALS.

(a) CIA Detention. The CIA shall close as expeditiously as possible any 

detention facilities that it currently operates and shall not operate any such 

detention facility in the future.

(b) International Committee of the Red Cross Access to Detained Individuals. All 

departments and agencies of the Federal Government shall provide the 

International Committee of the Red Cross with notification of, and timely access 

to, any individual detained in any armed conflict in the custody or under the 

effective control of an officer, employee, or other agent of the United States 

Government or detained within a facility owned, operated, or controlled by a 

department or agency of the United States Government, consistent with 

Department of Defense regulations and policies.

SEC. 5. SPECIAL INTERAGENCY TASK FORCE ON INTERROGATION AND 

TRANSFER POLICIES.

(a) ESTABLISHMENT OF SPECIAL INTERAGENCY TASK FORCE. There shall be 

established a Special Task Force on Interrogation and Transfer Policies (Special 

Task Force) to review interrogation and transfer policies.

(b) MEMBERSHIP. The Special Task Force shall consist of the following 

members, or their designees:

(i) the Attorney General, who shall serve as Chair;

(ii) the Director of National Intelligence, who shall serve as Co-ViceChair;

(iii) the Secretary of Defense, who shall serve as Co-Vice-Chair;

(iv) the Secretary of State;

(v) the Secretary of Homeland Security;
EXECUTIVE ORDER 13491, ENSURING LAWFUL INTERROGATION

774

(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 employees of the 

United States, as determined by the Chair, with the concurrence of the 

head of the department or agency concerned.

(c) STAFF. The Chair may designate officers and employees within the 

Department of Justice to serve as staff to support the Special Task Force. At the 

request of the Chair, officers and employees from other departments or agencies 

may serve on the Special Task Force with the concurrence of the head of the 

department or agency that employ such individuals. Such staff must be officers 

or full-time or permanent part-time employees of the United States. The Chair 

shall designate an officer or employee of the Department of Justice to serve as 

the Executive Secretary of the Special Task Force.

(d) OPERATION. The Chair shall convene meetings of the Special Task Force, 

determine its agenda, and direct its work. The Chair may establish and direct 

subgroups of the Special Task Force, consisting exclusively of members of the 

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 

techniques in Army Field Manual 2 22.3, when employed by 

departments or agencies outside the military, provide an appropriate 

means of acquiring the intelligence necessary to protect the Nation, and, 

if warranted, to recommend any additional or different guidance for other 

departments or agencies; and

(ii) to study and evaluate the practices of transferring individuals to other 

nations in order to ensure that such practices comply with the domestic 

laws, international obligations, and policies of the United States and do 

not result in the transfer of individuals to other nations to face torture or 

otherwise for the purpose, or with the effect, of undermining or 

circumventing the commitments or obligations of the United States to 

ensure the humane 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 Department of Justice shall, to

the extent permitted by law and subject to the availability of appropriations, 

provide administrative support and funding for the Special Task Force.

(g) Recommendations. The Special Task Force shall provide a report to the 

President, through the Assistant to the President for National Security Affairs and 

the Counsel to the President, on the matters set forth in subsection (d) within 180 

days of the date of this order, unless the Chair determines that an extension is 

necessary.
EXECUTIVE ORDER 13491, ENSURING LAWFUL INTERROGATION

775

(h) Termination. The Chair shall terminate the Special Task Force upon the 

completion of its duties.

SEC. 6. CONSTRUCTION WITH OTHER LAWS. Nothing in this order shall be 

construed to affect the obligations of officers, employees, and other agents of the 

United States Government to comply with all pertinent laws and treaties of the 

United States governing detention and interrogation, including but not limited 

to: the Fifth and Eighth Amendments to the United States Constitution; the 

Federal torture statute, 18 U.S.C. 2340 2340A; the War Crimes Act, 18 U.S.C. 

2441; the Federal assault statute, 18 U.S.C. 113; the Federal maiming statute, 18 

U.S.C. 114; the Federal “stalking” statute, 18 U.S.C. 2261A; articles 93, 124, 

128, and 134 of the Uniform Code of Military Justice, 10 U.S.C. 893, 924, 928, 

and 934; section 1003 of the Detainee Treatment Act of 2005, 42 U.S.C. 2000dd; 

section 6(c) of the Military Commissions Act of 2006, Public Law 109 366; the 

Geneva Conventions; and the Convention Against Torture. Nothing in this order 

shall be construed to diminish any rights that any individual may have under 

these or other laws and treaties. This order is not intended to, and does not, create 

any right or benefit, substantive or procedural, enforceable at law or in equity 

against the United States, its departments, agencies, or other entities, its officers 

or employees, or any other person.

-/S/- Barack Obama

THE WHITE HOUSE,

January 22, 2009
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

776

EXECUTIVE ORDER 13526:

CLASSIFIED NATIONAL SECURITY INFORMATION

[Signed: December 29, 2009, Federal Register Vol. 75, No. 2 (January 5, 2010)]

This order prescribes a uniform system for classifying, safeguarding, and 

declassifying national security information, including information relating to 

defense against transnational terrorism. Our democratic principles require that the 

American people be informed of the activities of their Government. Also, our 

Nation’s progress depends on the free flow of information both within the 

Government and to the American people. Nevertheless, throughout our history, 

the national defense has required that certain information be maintained in 

confidence in order to protect our citizens, our democratic institutions, our 

homeland security, and our interactions with foreign nations. Protecting 

information critical to our Nation’s security and demonstrating our commitment 

to open Government through accurate and accountable application of 

classification standards and routine, secure, and effective declassification are 

equally important priorities.

NOW, THEREFORE, I, BARACK OBAMA, by the authority vested in me as 

President by the Constitution and the laws of the United States of America, it is 

hereby ordered as follows:

PART 1—ORIGINAL CLASSIFICATION

SECTION 1.1. CLASSIFICATION STANDARDS.

(a) Information may be originally classified under the terms of this order only if 

all of the following conditions are met:

(1) an original classification authority is classifying the information;

(2) the information is owned by, produced by or for, or is under the 

control of the United States Government;

(3) the information falls within one or more of the categories of 

information listed in section 1.4 of this order; and

(4) the original classification authority determines that the unauthorized 

disclosure of the information reasonably could be expected to result in 

damage to the national security, which includes defense against 

transnational terrorism, and the original classification authority is able to 

identify or describe the damage.

(b) If there is significant doubt about the need to classify information, it shall not 

be classified. This provision does not:
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

777

(1) amplify or modify the substantive criteria or procedures for 

classification; or

(2) create any substantive or procedural rights subject to judicial review.

(c) Classified information shall not be declassified automatically as a result of 

any unauthorized disclosure of identical or similar information.

(d) The unauthorized disclosure of foreign government information is presumed 

to cause damage to the national security.

SEC. 1.2. CLASSIFICATION LEVELS.

(a) Information may be classified at one of the following three levels:

(1) “Top Secret” shall be applied to information, the unauthorized 

disclosure of which reasonably could be expected to cause exceptionally 

grave damage to the national security that the original classification 

authority is able to identify or describe.

(2) “Secret” shall be applied to information, the unauthorized disclosure 

of which reasonably could be expected to cause serious damage to the 

national security that the original classification authority is able to 

identify or describe.

(3) “Confidential” shall be applied to information, the unauthorized 

disclosure of which reasonably could be expected to cause damage to the 

national security that the original classification authority is able to 

identify or describe.

(b) Except as otherwise provided by statute, no other terms shall be used to 

identify United States classified information.

(c) If there is significant doubt about the appropriate level of classification, it 

shall be classified at the lower level.

SEC. 1.3. CLASSIFICATION AUTHORITY.

(a) The authority to classify information originally may be exercised only by:

(1) the President and the Vice President;

(2) agency heads and officials designated by the President; and

(3) United States Government officials delegated this authority pursuant 

to paragraph (c) of this section.

(b) Officials authorized to classify information at a specified level are also 

authorized to classify information at a lower level.

(c) Delegation of original classification authority.

(1) Delegations of original classification authority shall be limited to the 

minimum required to administer this order. Agency heads are responsible 

for ensuring that designated subordinate officials have a demonstrable 

and continuing need to exercise this authority.
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778

(2) “Top Secret” original classification authority may be delegated only 

by the President, the Vice President, or an agency head or official 

designated pursuant to paragraph (a)(2) of this section.

(3) “Secret” or “Confidential” original classification authority may be 

delegated only by the President, the Vice President, an agency head or 

official designated pursuant to paragraph (a)(2) of this section, or the 

senior agency official designated under section 5.4(d) of this order, 

provided that official has been delegated “Top Secret” original 

classification authority by the agency head.

(4) Each delegation of original classification authority shall be in writing 

and the authority shall not be redelegated except as provided in this 

order. Each delegation shall identify the official by name or position.

(5) Delegations of original classification authority shall be reported or 

made available by name or position to the Director of the Information 

Security Oversight Office.

(d) All original classification authorities must receive training in proper 

classification (including the avoidance of over-classification) and declassification 

as provided in this order and its implementing directives at least once a calendar 

year. Such training must include instruction on the proper safeguarding of 

classified information and on the sanctions in section 5.5 of this order that may 

be brought against an individual who fails to classify information properly or 

protect classified information from unauthorized disclosure. Original 

classification authorities who do not receive such mandatory training at least 

once within a calendar year shall have their classification authority suspended by 

the agency head or the senior agency official designated under section 5.4(d) of 

this order until such training has taken place. A waiver may be granted by the 

agency head, the deputy agency head, or the senior agency official if an 

individual is unable to receive such training due to unavoidable circumstances. 

Whenever a waiver is granted, the individual shall receive such training as soon 

as practicable.

(e) Exceptional cases. When an employee, government contractor, licensee, 

certificate holder, or grantee of an agency who does not have original 

classification authority originates information believed by that person to require 

classification, the information shall be protected in a manner consistent with this 

order and its implementing directives. The information shall be transmitted 

promptly as provided under this order or its implementing directives to the 

agency that has appropriate subject matter interest and classification authority 

with respect to this information. That agency shall decide within 30 days whether 

to classify this information.
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779

SEC. 1.4. CLASSIFICATION CATEGORIES.

Information shall not be considered for classification unless its unauthorized 

disclosure could reasonably be expected to cause identifiable or describable 

damage to the national security in accordance with section 1.2 of this order, and 

it pertains to one or more of the following:

(a) military plans, weapons systems, or operations;

(b) foreign government information;

(c) intelligence activities (including covert action), intelligence sources or 

methods, or cryptology;

(d) foreign relations or foreign activities of the United States, including 

confidential sources;

(e) scientific, technological, or economic matters relating to the national security;

(f) United States Government programs for safeguarding nuclear materials or 

facilities;

(g) vulnerabilities or capabilities of systems, installations, infrastructures, 

projects, plans, or protection services relating to the national security; or

(h) the development, production, or use of weapons of mass destruction.

SEC. 1.5. DURATION OF CLASSIFICATION.

(a) At the time of original classification, the original classification authority shall 

establish a specific date or event for declassification based on the duration of the 

national security sensitivity of the information. Upon reaching the date or event, 

the information shall be automatically declassified. Except for information that 

should clearly and demonstrably be expected to reveal the identity of a 

confidential human source or a human intelligence source or key design concepts 

of weapons of mass destruction, the date or event shall not exceed the time frame 

established in paragraph (b) of this section.

(b) If the original classification authority cannot determine an earlier specific 

date or event for declassification, information shall be marked for 

declassification 10 years from the date of the original decision, unless the 

original classification authority otherwise determines that the sensitivity of the 

information requires that it be marked for declassification for up to 25 years from 

the date of the original decision.

(c) An original classification authority may extend the duration of classification 

up to 25 years from the date of origin of the document, change the level of 

classification, or reclassify specific information only when the standards and 

procedures for classifying information under this order are followed.

(d) No information may remain classified indefinitely. Information marked for an 

indefinite duration of classification under predecessor orders, for example, 

marked as “Originating Agency’s Determination Required,” or classified 

information that contains incomplete declassification instructions or lacks 
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

780

declassification instructions shall be declassified in accordance with part 3 of this 

order.

SEC. 1.6. IDENTIFICATION AND MARKINGS.

(a) At the time of original classification, the following shall be indicated in a 

manner that is immediately apparent:

(1) one of the three classification levels defined in section 1.2 of this 

order;

(2) the identity, by name and position, or by personal identifier, of the 

original classification authority;

(3) the agency and office of origin, if not otherwise evident;

(4) declassification instructions, which shall indicate one of the 

following: 

(A) the date or event for declassification, as prescribed in section 

1.5(a);

(B) the date that is 10 years from the date of original 

classification, as prescribed in section 1.5(b);

(C) the date that is up to 25 years from the date of original 

classification, as prescribed in 

section 1.5(b); or

(D) in the case of information that should clearly and 

demonstrably be expected to reveal the identity of a confidential 

human source or a human intelligence source or key design 

concepts of weapons of mass destruction, the marking prescribed 

in implementing directives issued pursuant to this order; and

(5) a concise reason for classification that, at a minimum, cites the 

applicable classification categories in section 1.4 of this order.

(b) Specific information required in paragraph (a) of this section may be 

excluded if it would reveal additional classified information.

(c) With respect to each classified document, the agency originating the 

document shall, by marking or other means, indicate which portions are 

classified, with the applicable classification level, and which portions are 

unclassified. In accordance with standards prescribed in directives issued under 

this order, the Director of the Information Security Oversight Office may grant 

and revoke temporary waivers of this requirement. The Director shall revoke any 

waiver upon a finding of abuse. 

(d) Markings or other indicia implementing the provisions of this order, including 

abbreviations and requirements to safeguard classified working papers, shall 

conform to the standards prescribed in implementing directives issued pursuant 

to this order.
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

781

(e) Foreign government information shall retain its original classification 

markings or shall be assigned a U.S. classification that provides a degree of 

protection at least equivalent to that required by the entity that furnished the 

information. Foreign government information retaining its original classification 

markings need not be assigned a U.S. classification marking provided that the 

responsible agency determines that the foreign government markings are 

adequate to meet the purposes served by U.S. classification markings.

(f) Information assigned a level of classification under this or predecessor orders 

shall be considered as classified at that level of classification despite the omission 

of other required markings. Whenever such information is used in the derivative 

classification process or is reviewed for possible declassification, holders of such 

information shall coordinate with an appropriate classification authority for the 

application of omitted markings.

(g) The classification authority shall, whenever practicable, use a classified 

addendum whenever classified information constitutes a small portion of an 

otherwise unclassified document or prepare a product to allow for dissemination 

at the lowest level of classification possible or in unclassified form.

(h) Prior to public release, all declassified records shall be appropriately marked 

to reflect their declassification.

SEC. 1.7. CLASSIFICATION PROHIBITIONS AND LIMITATIONS.

(a) In no case shall information be classified, continue to be maintained as 

classified, or fail to be declassified in order to:

(1) conceal violations of law, inefficiency, or administrative error;

(2) prevent embarrassment to a person, organization, or agency;

(3) restrain competition; or

(4) prevent or delay the release of information that does not require 

protection in the interest of the national security.

(b) Basic scientific research information not clearly related to the national 

security shall not be classified.

(c) Information may not be reclassified after declassification and release to the 

public under proper authority unless: 

(1) the reclassification is personally approved in writing by the agency 

head based on a document-by-document determination by the agency 

that reclassification is required to prevent significant and demonstrable 

damage to the national security;

(2) the information may be reasonably recovered without bringing undue 

attention to the information;

(3) the reclassification action is reported promptly to the Assistant to the 

President for National Security Affairs (National Security Advisor) and 

the Director of the Information Security Oversight Office; and
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

782

(4) for documents in the physical and legal custody of the National 

Archives and Records Administration (National Archives) that have been 

available for public use, the agency head has, after making the 

determinations required by this paragraph, notified the Archivist of the 

United States (Archivist), who shall suspend public access pending 

approval of the reclassification action by the Director of the Information 

Security Oversight Office. Any such decision by the Director may be 

appealed by the agency head to the President through the National 

Security Advisor. Public access shall remain suspended pending a 

prompt decision on the appeal.

(d) Information that has not previously been disclosed to the public under proper 

authority may be classified or reclassified after an agency has received a request 

for it under the Freedom of Information Act (5 U.S.C. 552), the Presidential 

Records Act, 44 U.S.C. 2204(c)(1), the Privacy Act of 1974 (5 U.S.C. 552a), or 

the mandatory review provisions of section 3.5 of this order only if such 

classification meets the requirements of this order and is accomplished on a 

document-by-document basis with the personal participation or under the 

direction of the agency head, the deputy agency head, or the senior agency 

official designated under section 5.4 of this order. The requirements in this 

paragraph also apply to those situations in which information has been 

declassified in accordance with a specific date or event determined by an original 

classification authority in accordance with section 1.5 of this order.

(e) Compilations of items of information that are individually unclassified may 

be classified if the compiled information reveals an additional association or 

relationship that:

(1) meets the standards for classification under this order; and

(2) is not otherwise revealed in the individual items of information.

SEC. 1.8. CLASSIFICATION CHALLENGES.

(a) Authorized holders of information who, in good faith, believe that its 

classification status is improper are encouraged and expected to challenge the 

classification status of the information in accordance with agency procedures 

established under paragraph (b) of this section.

(b) In accordance with implementing directives issued pursuant to this order, an 

agency head or senior agency official shall establish procedures under which 

authorized holders of information, including authorized holders outside the 

classifying agency, are encouraged and expected to challenge the classification of 

information that they believe is improperly classified or unclassified. These 

procedures shall ensure that:

(1) individuals are not subject to retribution for bringing such actions;
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

783

(2) an opportunity is provided for review by an impartial official or 

panel; and

(3) individuals are advised of their right to appeal agency decisions to the 

Interagency Security Classification Appeals Panel (Panel) established by 

section 5.3 of this order.

(c) Documents required to be submitted for prepublication review or other 

administrative process pursuant to an approved nondisclosure agreement are not 

covered by this section.

SEC. 1.9. FUNDAMENTAL CLASSIFICATION GUIDANCE REVIEW.

(a) Agency heads shall complete on a periodic basis a comprehensive review of 

the agency’s classification guidance, particularly classification guides, to ensure 

the guidance reflects current circumstances and to identify classified information 

that no longer requires protection and can be declassified. The initial fundamental 

classification guidance review shall be completed within 2 years of the effective 

date of this order.

(b) The classification guidance review shall include an evaluation of classified 

information to determine if it meets the standards for classification under section 

1.4 of this order, taking into account an up-to-date assessment of likely damage 

as described under section 1.2 of this order.

(c) The classification guidance review shall include original classification

authorities and agency subject matter experts to ensure a broad range of 

perspectives.

(d) Agency heads shall provide a report summarizing the results of the 

classification guidance review to the Director of the Information Security 

Oversight Office and shall release an unclassified version of this report to the 

public.

PART 2—DERIVATIVE CLASSIFICATION

SEC. 2.1. USE OF DERIVATIVE CLASSIFICATION.

(a) Persons who reproduce, extract, or summarize classified information, or who 

apply classification markings derived from source material or as directed by a 

classification guide, need not possess original classification authority.

(b) Persons who apply derivative classification markings shall:

(1) be identified by name and position, or by personal identifier, in a 

manner that is immediately apparent for each derivative classification 

action;

(2) observe and respect original classification decisions; and
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

784

(3) carry forward to any newly created documents the pertinent 

classification markings. For information derivatively classified based on 

multiple sources, the derivative classifier shall carry forward:

(A) the date or event for declassification that corresponds to the 

longest period of classification among the sources, or the 

marking established pursuant to section 1.6(a)(4)(D) of this 

order; and

(B) a listing of the source materials.

(c) Derivative classifiers shall, whenever practicable, use a classified addendum 

whenever classified information constitutes a small portion of an otherwise 

unclassified document or prepare a product to allow for dissemination at the 

lowest level of classification possible or in unclassified form.

(d) Persons who apply derivative classification markings shall receive training in 

the proper application of the derivative classification principles of the order, with 

an emphasis on avoiding over-classification, at least once every 2 years. 

Derivative classifiers who do not receive such training at least once every 2 years 

shall have their authority to apply derivative classification markings suspended 

until they have received such training. A waiver may be granted by the agency 

head, the deputy agency head, or the senior agency official if an individual is 

unable to receive such training due to unavoidable circumstances. Whenever a 

waiver is granted, the individual shall receive such training as soon as 

practicable.

SEC. 2.2. CLASSIFICATION GUIDES.

(a) Agencies with original classification authority shall prepare classification 

guides to facilitate the proper and uniform derivative classification of 

information. These guides shall conform to standards contained in directives 

issued under this order.

(b) Each guide shall be approved personally and in writing by an official who:

(1) has program or supervisory responsibility over the information or is 

the senior agency official; and

(2) is authorized to classify information originally at the highest level of 

classification prescribed in the guide.

(c) Agencies shall establish procedures to ensure that classification guides are 

reviewed and updated as provided in directives issued under this order.

(d) Agencies shall incorporate original classification decisions into classification 

guides on a timely basis and in accordance with directives issued under this 

order.

(e) Agencies may incorporate exemptions from automatic declassification 

approved pursuant to section 3.3(j) of this order into classification guides, 
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

785

provided that the Panel is notified of the intent to take such action for specific 

information in advance of approval and the information remains in active use.

(f) The duration of classification of a document classified by a derivative 

classifier using a classification guide shall not exceed 25 years from the date of 

the origin of the document, except for:

(1) information that should clearly and demonstrably be expected to 

reveal the identity of a confidential human source or a human 

intelligence source or key design concepts of weapons of mass 

destruction; and

(2) specific information incorporated into classification guides in 

accordance with section 2.2(e) of this order.

PART 3—DECLASSIFICATION AND DOWNGRADING

SEC. 3.1. AUTHORITY FOR DECLASSIFICATION.

(a) Information shall be declassified as soon as it no longer meets the standards 

for classification under this order.

(b) Information shall be declassified or downgraded by:

(1) the official who authorized the original classification, if that official 

is still serving in the same position and has original classification 

authority;

(2) the originator’s current successor in function, if that individual has 

original classification authority;

(3) a supervisory official of either the originator or his or her successor in 

function, if the supervisory official has original classification authority; 

or

(4) officials delegated declassification authority in writing by the agency 

head or the senior agency official of the originating agency.

(c) The Director of National Intelligence (or, if delegated by the Director of 

National Intelligence, the Principal Deputy Director of National Intelligence) 

may, with respect to the Intelligence Community, after consultation with the head 

of the originating Intelligence Community element or department, declassify, 

downgrade, or direct the declassification or downgrading of information or 

intelligence relating to intelligence sources, methods, or activities.

(d) It is presumed that information that continues to meet the classification 

requirements under this order requires continued protection. In some exceptional 

cases, however, the need to protect such information may be outweighed by the 

public interest in disclosure of the information, and in these cases the information 

should be declassified. When such questions arise, they shall be referred to the 

agency head or the senior agency official. That official will determine, as an 

exercise of discretion, whether the public interest in disclosure outweighs the 
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

786

damage to the national security that might reasonably be expected from 

disclosure. This provision does not:

(1) amplify or modify the substantive criteria or procedures for 

classification; or

(2) create any substantive or procedural rights subject to judicial review.

(e) If the Director of the Information Security Oversight Office determines that 

information is classified in violation of this order, the Director may require the 

information to be declassified by the agency that originated the classification. 

Any such decision by the Director may be appealed to the President through the 

National Security Advisor. The information shall remain classified pending a 

prompt decision on the appeal.

(f) The provisions of this section shall also apply to agencies that, under the 

terms of this order, do not have original classification authority, but had such 

authority under predecessor orders.

(g) No information may be excluded from declassification under section 3.3 of 

this order based solely on the type of document or record in which it is found. 

Rather, the classified information must be considered on the basis of its content.

(h) Classified nonrecord materials, including artifacts, shall be declassified as 

soon as they no longer meet the standards for classification under this order.

(i) When making decisions under sections 3.3, 3.4, and 3.5 of this order, agencies 

shall consider the final decisions of the Panel.

SEC. 3.2. TRANSFERRED RECORDS.

(a) In the case of classified records transferred in conjunction with a transfer of 

functions, and not merely for storage purposes, the receiving agency shall be 

deemed to be the originating agency for purposes of this order.

(b) In the case of classified records that are not officially transferred as described 

in paragraph (a) of this section, but that originated in an agency that has ceased to 

exist and for which there is no successor agency, each agency in possession of 

such records shall be deemed to be the originating agency for purposes of this 

order. Such records may be declassified or downgraded by the agency in 

possession of the records after consultation with any other agency that has an 

interest in the subject matter of the records.

(c) Classified records accessioned into the National Archives shall be declassified 

or downgraded by the Archivist in accordance with this order, the directives 

issued pursuant to this order, agency declassification guides, and any existing 

procedural agreement between the Archivist and the relevant agency head.

(d) The originating agency shall take all reasonable steps to declassify classified 

information contained in records determined to have permanent historical value 

before they are accessioned into the National Archives. However, the Archivist 

may require that classified records be accessioned into the National Archives 
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

787

when necessary to comply with the provisions of the Federal Records Act. This 

provision does not apply to records transferred to the Archivist pursuant to 

section 2203 of title 44, United States Code, or records for which the National 

Archives serves as the custodian of the records of an agency or organization that 

has gone out of existence.

(e) To the extent practicable, agencies shall adopt a system of records 

management that will facilitate the public release of documents at the time such 

documents are declassified pursuant to the provisions for automatic 

declassification in section 3.3 of this order.

SEC. 3.3. AUTOMATIC DECLASSIFICATION.

(a) Subject to paragraphs (b)–(d) and (g)–(j) of this section, all classified records 

that (1) are more than 25 years old and (2) have been determined to have 

permanent historical value under title 44, United States Code, shall be 

automatically declassified whether or not the records have been reviewed. All 

classified records shall be automatically declassified on December 31 of the year 

that is 25 years from the date of origin, except as provided in paragraphs (b)–(d) 

and (g)–(j) of this section. If the date of origin of an individual record cannot be 

readily determined, the date of original classification shall be used instead.

(b) An agency head may exempt from automatic declassification under paragraph 

(a) of this section specific information, the release of which should clearly and 

demonstrably be expected to:

(1) reveal the identity of a confidential human source, a human 

intelligence source, a relationship with an intelligence or security service 

of a foreign government or international organization, or a nonhuman 

intelligence source; or impair the effectiveness of an intelligence method 

currently in use, available for use, or under development;

(2) reveal information that would assist in the development, production, 

or use of weapons of mass destruction;

(3) reveal information that would impair U.S. cryptologic systems or 

activities;

(4) reveal information that would impair the application of state-of-theart 

technology within a U.S. weapon system;

(5) reveal formally named or numbered U.S. military war plans that 

remain in effect, or reveal operational or tactical elements of prior plans 

that are contained in such active plans;

(6) reveal information, including foreign government information, that 

would cause serious harm to relations between the United States and a 

foreign government, or to ongoing diplomatic activities of the United 

States;
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

788

(7) reveal information that would impair the current ability of United 

States Government officials to protect the President, Vice President, and 

other protectees for whom protection services, in the interest of the 

national security, are authorized;

(8) reveal information that would seriously impair current national 

security emergency preparedness plans or reveal current vulnerabilities 

of systems, installations, or infrastructures relating to the national 

security; or

(9) violate a statute, treaty, or international agreement that does not 

permit the automatic or unilateral declassification of information at 25 

years.

(c)(1) An agency head shall notify the Panel of any specific file series of records 

for which a review or assessment has determined that the information within that 

file series almost invariably falls within one or more of the exemption categories 

listed in paragraph (b) of this section and that the agency proposes to exempt 

from automatic declassification at 25 years.

(2) The notification shall include:

(A) a description of the file series;

(B) an explanation of why the information within the file series 

is almost invariably exempt from automatic declassification and 

why the information must remain classified for a longer period 

of time; and

(C) except when the information within the file series almost 

invariably identifies a confidential human source or a human 

intelligence source or key design concepts of weapons of mass 

destruction, a specific date or event for declassification of the 

information, not to exceed December 31 of the year that is 50 

years from the date of origin of the records.

(3) The Panel may direct the agency not to exempt a designated file 

series or to declassify the information within that series at an earlier date 

than recommended. The agency head may appeal such a decision to the 

President through the National Security Advisor.

(4) File series exemptions approved by the President prior to December 

31, 2008, shall remain valid without any additional agency action 

pending Panel review by the later of December 31, 2010, or December 

31 of the year that is 10 years from the date of previous approval.

(d) The following provisions shall apply to the onset of automatic 

declassification:

(1) Classified records within an integral file block, as defined in this 

order, that are otherwise subject to automatic declassification under this 

section shall not be automatically declassified until December 31 of the 
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

789

year that is 25 years from the date of the most recent record within the 

file block.

(2) After consultation with the Director of the National Declassification 

Center (the Center) established by section 3.7 of this order and before the

records are subject to automatic declassification, an agency head or 

senior agency official may delay automatic declassification for up to five 

additional years for classified information contained in media that make 

a review for possible declassification exemptions more difficult or costly.

(3) Other than for records that are properly exempted from automatic 

declassification, records containing classified information that originated 

with other agencies or the disclosure of which would affect the interests

or activities of other agencies with respect to the classified information 

and could reasonably be expected to fall under one or more of the 

exemptions in paragraph (b) of this section shall be identified prior to the 

onset of automatic declassification for later referral to those agencies.

(A) The information of concern shall be referred by the Center 

established by section 3.7 of this order, or by the centralized 

facilities referred to in section 3.7(e) of this order, in a prioritized 

and scheduled manner determined by the Center.

(B) If an agency fails to provide a final determination on a 

referral made by the Center within 1 year of referral, or by the 

centralized facilities referred to in section 3.7(e) of this order 

within 3 years of referral, its equities in the referred records shall 

be automatically declassified.

(C) If any disagreement arises between affected agencies and the 

Center regarding the referral review period, the Director of the 

Information Security Oversight Office shall determine the 

appropriate period of review of referred records.

(D) Referrals identified prior to the establishment of the Center 

by section 3.7 of this order shall be subject to automatic 

declassification only in accordance with subparagraphs 

(d)(3)(A)–(C) of this section.

(4) After consultation with the Director of the Information Security 

Oversight Office, an agency head may delay automatic declassification 

for up to 3 years from the date of discovery of classified records that 

were inadvertently not reviewed prior to the effective date of automatic 

declassification.

(e) Information exempted from automatic declassification under this section shall 

remain subject to the mandatory and systematic declassification review 

provisions of this order.
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

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(f) The Secretary of State shall determine when the United States should 

commence negotiations with the appropriate officials of a foreign government or 

international organization of governments to modify any treaty or international 

agreement that requires the classification of information contained in records 

affected by this section for a period longer than 25 years from the date of its 

creation, unless the treaty or international agreement pertains to information that 

may otherwise remain classified beyond 25 years under this section.

(g) The Secretary of Energy shall determine when information concerning 

foreign nuclear programs that was removed from the Restricted Data category in 

order to carry out provisions of the National Security Act of 1947, as amended, 

may be declassified. Unless otherwise determined, such information shall be 

declassified when comparable information concerning the United States nuclear 

program is declassified.

(h) Not later than 3 years from the effective date of this order, all records 

exempted from automatic declassification under paragraphs (b) and (c) of this 

section shall be automatically declassified on December 31 of a year that is no 

more than 50 years from the date of origin, subject to the following:

(1) Records that contain information the release of which should clearly 

and demonstrably be expected to reveal the following are exempt from 

automatic declassification at 50 years:

(A) the identity of a confidential human source or a human 

intelligence source; or

(B) key design concepts of weapons of mass destruction.

(2) In extraordinary cases, agency heads may, within 5 years of the onset 

of automatic declassification, propose to exempt additional specific 

information from declassification at 50 years.

(3) Records exempted from automatic declassification under this 

paragraph shall be automatically declassified on December 31 of a year 

that is no more than 75 years from the date of origin unless an agency 

head, within 5 years of that date, proposes to exempt specific information 

from declassification at 75 years and the proposal is formally approved 

by the Panel.

(i) Specific records exempted from automatic declassification prior to the 

establishment of the Center described in section 3.7 of this order shall be subject 

to the provisions of paragraph (h) of this section in a scheduled and prioritized 

manner determined by the Center.

(j) At least 1 year before information is subject to automatic declassification 

under this section, an agency head or senior agency official shall notify the 

Director of the Information Security Oversight Office, serving as Executive 

Secretary of the Panel, of any specific information that the agency proposes to 
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

791

exempt from automatic declassification under paragraphs (b) and (h) of this 

section.

(1) The notification shall include:

(A) a detailed description of the information, either by reference 

to information in specific records or in the form of a 

declassification guide;

(B) an explanation of why the information should be exempt 

from automatic declassification and must remain classified for a 

longer period of time; and

(C) a specific date or a specific and independently verifiable 

event for automatic declassification of specific records that 

contain the information proposed for exemption.

(2) The Panel may direct the agency not to exempt the information or to 

declassify it at an earlier date than recommended. An agency head may 

appeal such a decision to the President through the National Security 

Advisor. The information will remain classified while such an appeal is 

pending.

(k) For information in a file series of records determined not to have permanent 

historical value, the duration of classification beyond 25 years shall be the same 

as the disposition (destruction) date of those records in each Agency Records 

Control Schedule or General Records Schedule, although the duration of 

classification shall be extended if the record has been retained for business 

reasons beyond the scheduled disposition date.

SEC. 3.4. SYSTEMATIC DECLASSIFICATION REVIEW.

(a) Each agency that has originated classified information under this order or its 

predecessors shall establish and conduct a program for systematic 

declassification review for records of permanent historical value exempted from 

automatic declassification under section 3.3 of this order. Agencies shall 

prioritize their review of such records in accordance with priorities established by 

the Center.

(b) The Archivist shall conduct a systematic declassification review program for 

classified records:

(1) accessioned into the National Archives; 

(2) transferred to the Archivist pursuant to 44 U.S.C. 2203; and 

(3) for which the National Archives serves as the custodian for an agency 

or organization that has gone out of existence.
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

792

SEC. 3.5. MANDATORY DECLASSIFICATION REVIEW.

(a) Except as provided in paragraph (b) of this section, all information classified 

under this order or predecessor orders shall be subject to a review for 

declassification by the originating agency if:

(1) the request for a review describes the document or material 

containing the information with sufficient specificity to enable the 

agency to locate it with a reasonable amount of effort;

(2) the document or material containing the information responsive to the 

request is not contained within an operational file exempted from search 

and review, publication, and disclosure under 5 U.S.C. 552 in accordance 

with law; and

(3) the information is not the subject of pending litigation.

(b) Information originated by the incumbent President or the incumbent Vice 

President; the incumbent President’s White House Staff or the incumbent Vice 

President’s Staff; committees, commissions, or boards appointed by the 

incumbent President; or other entities within the Executive Office of the 

President that solely advise and assist the incumbent President is exempted from 

the provisions of paragraph (a) of this section. However, the Archivist shall have 

the authority to review, downgrade, and declassify papers or records of former 

Presidents and Vice Presidents under the control of the Archivist pursuant to 44 

U.S.C. 2107, 2111, 2111 note, or 2203. Review procedures developed by the 

Archivist shall provide for consultation with agencies having primary subject 

matter interest and shall be consistent with the provisions of applicable laws or 

lawful agreements that pertain to the respective Presidential papers or records. 

Agencies with primary subject matter interest shall be notified promptly of the 

archivist’s decision. Any final decision by the Archivist may be appealed by the 

requester or an agency to the Panel. The information shall remain classified 

pending a prompt decision on the appeal.

(c) Agencies conducting a mandatory review for declassification shall declassify 

information that no longer meets the standards for classification under this order. 

They shall release this information unless withholding is otherwise authorized 

and warranted under applicable law.

(d) If an agency has reviewed the requested information for declassification 

within the past 2 years, the agency need not conduct another review and may 

instead inform the requester of this fact and the prior review decision and advise 

the requester of appeal rights provided under subsection (e) of this section.

(e) In accordance with directives issued pursuant to this order, agency heads shall 

develop procedures to process requests for the mandatory review of classified 

information. These procedures shall apply to information classified under this or 

predecessor orders. They also shall provide a means for administratively 
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

793

appealing a denial of a mandatory review request, and for notifying the requester 

of the right to appeal a final agency decision to the Panel.

(f) After consultation with affected agencies, the Secretary of Defense shall 

develop special procedures for the review of cryptologic information; the 

Director of National Intelligence shall develop special procedures for the review 

of information pertaining to intelligence sources, methods, and activities; and the 

Archivist shall develop special procedures for the review of information 

accessioned into the National Archives.

(g) Documents required to be submitted for prepublication review or other 

administrative process pursuant to an approved nondisclosure agreement are not 

covered by this section.

(h) This section shall not apply to any request for a review made to an element of 

the Intelligence Community that is made by a person other than an individual as 

that term is defined by 5 U.S.C. 552a(a)(2), or by a foreign government entity or 

any representative thereof.

SEC. 3.6. PROCESSING REQUESTS AND REVIEWS.

Notwithstanding section 4.1(i) of this order, in response to a request for 

information under the Freedom of Information Act, the Presidential Records Act, 

the Privacy Act of 1974, or the mandatory review provisions of this order:

(a) An agency may refuse to confirm or deny the existence or nonexistence of 

requested records whenever the fact of their existence or nonexistence is itself 

classified under this order or its predecessors.

(b) When an agency receives any request for documents in its custody that 

contain classified information that originated with other agencies or the 

disclosure of which would affect the interests or activities of other agencies with 

respect to the classified information, or identifies such documents in the process 

of implementing sections 3.3 or 3.4 of this order, it shall refer copies of any 

request and the pertinent documents to the originating agency for processing and 

may, after consultation with the originating agency, inform any requester of the 

referral unless such association is itself classified under this order or its 

predecessors. In cases in which the originating agency determines in writing that 

a response under paragraph (a) of this section is required, the referring agency 

shall respond to the requester in accordance with that paragraph.

(c) Agencies may extend the classification of information in records determined 

not to have permanent historical value or nonrecord materials, including artifacts, 

beyond the time frames established in sections 1.5(b) and 2.2(f) of this order, 

provided:

(1) the specific information has been approved pursuant to section 3.3(j) 

of this order for exemption from automatic declassification; and
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

794

(2) the extension does not exceed the date established in section 3.3(j) of 

this order.

SEC. 3.7. NATIONAL DECLASSIFICATION CENTER.

(a) There is established within the National Archives a National Declassification 

Center to streamline declassification processes, facilitate quality-assurance 

measures, and implement standardized training regarding the declassification of 

records determined to have permanent historical value. There shall be a Director 

of the Center who shall be appointed or removed by the Archivist in consultation 

with the Secretaries of State, Defense, Energy, and Homeland Security, the 

Attorney General, and the Director of National Intelligence.

(b) Under the administration of the Director, the Center shall coordinate:

(1) timely and appropriate processing of referrals in accordance with 

section 3.3(d)(3) of this order for accessioned Federal records and 

transferred presidential records.

(2) general interagency declassification activities necessary to fulfill the 

requirements of sections 3.3 and 3.4 of this order;

(3) the exchange among agencies of detailed declassification guidance to 

enable the referral of records in accordance with section 3.3(d)(3) of this 

order;

(4) the development of effective, transparent, and standard 

declassification work processes, training, and quality assurance 

measures;

(5) the development of solutions to declassification challenges posed by 

electronic records, special media, and emerging technologies;

(6) the linkage and effective utilization of existing agency databases and 

the use of new technologies to document and make public 

declassification review decisions and support declassification activities 

under the purview of the Center; and

(7) storage and related services, on a reimbursable basis, for Federal 

records containing classified national security information.

(c) Agency heads shall fully cooperate with the Archivist in the activities of the 

Center and shall:

(1) provide the Director with adequate and current declassification 

guidance to enable the referral of records in accordance with section 

3.3(d)(3) of this order; and

(2) upon request of the Archivist, assign agency personnel to the Center 

who shall be delegated authority by the agency head to review and 

exempt or declassify information originated by their agency contained in 

records accessioned into the National Archives, after consultation with 

subject matter experts as necessary.
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

795

(d) The Archivist, in consultation with representatives of the participants in the 

Center and after input from the general public, shall develop priorities for 

declassification activities under the purview of the Center that take into account 

the degree of researcher interest and the likelihood of declassification.

(e) Agency heads may establish such centralized facilities and internal operations 

to conduct internal declassification reviews as appropriate to achieve optimized 

records management and declassification business processes. Once established, 

all referral processing of accessioned records shall take place at the Center, and 

such agency facilities and operations shall be coordinated with the Center to 

ensure the maximum degree of consistency in policies and procedures that relate 

to records determined to have permanent historical value.

(f) Agency heads may exempt from automatic declassification or continue the 

classification of their own originally classified information under section 3.3(a) 

of this order except that in the case of the Director of National Intelligence, the 

Director shall also retain such authority with respect to the Intelligence 

Community.

(g) The Archivist shall, in consultation with the Secretaries of State, Defense, 

Energy, and Homeland Security, the Attorney General, the Director of National 

Intelligence, the Director of the Central Intelligence Agency, and the Director of 

the Information Security Oversight Office, provide the National Security Advisor 

with a detailed concept of operations for the Center and a proposed implementing 

directive under section 5.1 of this order that reflects the coordinated views of the 

aforementioned agencies.

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 made by 

an agency head or the agency head’s designee;

(2) the person has signed an approved nondisclosure agreement; and

(3) the person has a need-to-know the information.

(b) Every person who has met the standards for access to classified information 

in paragraph (a) of this section shall receive contemporaneous training on the 

proper safeguarding of classified information and on the criminal, civil, and 

administrative sanctions that may be imposed on an individual who fails to 

protect classified information from unauthorized disclosure.

(c) An official or employee leaving agency service may not remove classified 

information from the agency’s control or direct that information be declassified 

in order to remove it from agency control.
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

796

(d) Classified information may not be removed from official premises without 

proper authorization.

(e) Persons authorized to disseminate classified information outside the executive 

branch shall ensure the protection of the information in a manner equivalent to 

that provided within the executive branch.

(f) Consistent with law, executive orders, directives, and regulations, an agency 

head or senior agency official or, with respect to the Intelligence Community, the 

Director of National Intelligence, shall establish uniform procedures to ensure 

that automated information systems, including networks and telecommunications 

systems, that collect, create, communicate, compute, disseminate, process, or 

store classified information:

(1) prevent access by unauthorized persons;

(2) ensure the integrity of the information; and

(3) to the maximum extent practicable, use:

(A) common information technology standards, protocols, and 

interfaces that maximize the availability of, and access to, the 

information in a form and manner that facilitates its authorized 

use; and 

(B) standardized electronic formats to maximize the accessibility 

of information to persons who meet the criteria set forth in 

section 4.1(a) of this order.

(g) Consistent with law, executive orders, directives, and regulations, each 

agency head or senior agency official, or with respect to the Intelligence 

Community, the Director of National Intelligence, shall establish controls to 

ensure that classified information is used, processed, stored, reproduced, 

transmitted, and destroyed under conditions that provide adequate protection and 

prevent access by unauthorized persons. 

(h) Consistent with directives issued pursuant to this order, an agency shall 

safeguard foreign government information under standards that provide a degree 

of protection at least equivalent to that required by the government or 

international organization of governments that furnished the information. When 

adequate to achieve equivalency, these standards may be less restrictive than the 

safeguarding standards that ordinarily apply to U.S. “Confidential” information, 

including modified handling and transmission and allowing access to individuals 

with a need-to-know who have not otherwise been cleared for access to classified 

information or executed an approved nondisclosure agreement.

(i)(1) Classified information originating in one agency may be disseminated to 

another agency or U.S. entity by any agency to which it has been made available 

without the consent of the originating agency, as long as the criteria for access 

under section 4.1(a) of this order are met, unless the originating agency has 

determined that prior authorization is required for such dissemination and has 
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

797

marked or indicated such requirement on the medium containing the classified 

information in accordance with implementing directives issued pursuant to this 

order.

(2) Classified information originating in one agency may be 

disseminated by any other agency to which it has been made available to 

a foreign government in accordance with statute, this order, directives 

implementing this order, direction of the President, or with the consent of 

the originating agency. For the purposes of this section, “foreign 

government” includes any element of a foreign government, or an 

international organization of governments, or any element thereof.

(3) Documents created prior to the effective date of this order shall not 

be disseminated outside any other agency to which they have been made 

available without the consent of the originating agency. An agency head 

or senior agency official may waive this requirement for specific 

information that originated within that agency.

(4) For purposes of this section, the Department of Defense shall be 

considered one agency, except that any dissemination of information 

regarding intelligence sources, methods, or activities shall be consistent 

with directives issued pursuant to section 6.2(b) of this order.

(5) Prior consent of the originating agency is not required when referring 

records for declassification review that contain information originating in 

more than one agency.

SEC. 4.2. DISTRIBUTION CONTROLS.

(a) The head of each agency shall establish procedures in accordance with 

applicable law and consistent with directives issued pursuant to this order to 

ensure that classified information is accessible to the maximum extent possible 

by individuals who meet the criteria set forth in section 4.1(a) of this order.

(b) In an emergency, when necessary to respond to an imminent threat to life or 

in defense of the homeland, the agency head or any designee may authorize the 

disclosure of classified information (including information marked pursuant to 

section 4.1(i)(1) of this order) to an individual or individuals who are otherwise 

not eligible for access. Such actions shall be taken only in accordance with 

directives implementing this order and any procedure issued by agencies 

governing the classified information, which shall be designed to minimize the 

classified information that is disclosed under these circumstances and the number 

of individuals who receive it. Information disclosed under this provision or 

implementing directives and procedures shall not be deemed declassified as a 

result of such disclosure or subsequent use by a recipient. Such disclosures shall 

be reported promptly to the originator of the classified information. For purposes 

of this section, the Director of National Intelligence may issue an implementing 
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

798

directive governing the emergency disclosure of classified intelligence 

information.

(c) Each agency shall update, at least annually, the automatic, routine, or 

recurring distribution mechanism for classified information that it distributes. 

Recipients shall cooperate fully with distributors who are updating distribution 

lists and shall notify distributors whenever a relevant change in status occurs.

SEC. 4.3. SPECIAL ACCESS PROGRAMS.

(a) ESTABLISHMENT OF SPECIAL ACCESS PROGRAMS. Unless otherwise 

authorized by the President, only the Secretaries of State, Defense, Energy, and 

Homeland Security, the Attorney General, and the Director of National 

Intelligence, or the principal deputy of each, may create a special access 

program. For special access programs pertaining to intelligence sources, 

methods, and activities (but not including military operational, strategic, and 

tactical programs), this function shall be exercised by the Director of National 

Intelligence. These officials shall keep the number of these programs at an 

absolute minimum, and shall establish them only when the program is required 

by statute or upon a specific finding that:

(1) the vulnerability of, or threat to, specific information is exceptional; 

and

(2) the normal criteria for determining eligibility for access applicable to 

information classified at the same level are not deemed sufficient to 

protect the information from unauthorized disclosure.

(b) REQUIREMENTS AND LIMITATIONS.

(1) Special access programs shall be limited to programs in which the 

number of persons who ordinarily will have access will be reasonably 

small and commensurate with the objective of providing enhanced 

protection for the information involved.

(2) Each agency head shall establish and maintain a system of accounting 

for special access programs consistent with directives issued pursuant to 

this order.

(3) Special access programs shall be subject to the oversight program 

established under section 5.4(d) of this order. In addition, the Director of 

the Information Security Oversight Office shall be afforded access to 

these programs, in accordance with the security requirements of each 

program, in order to perform the functions assigned to the Information 

Security Oversight Office under this order. An agency head may limit 

access to a special access program to the Director of the Information 

Security Oversight Office and no more than one other employee of the 

Information Security Oversight Office or, for special access programs 

that are extraordinarily sensitive and vulnerable, to the Director only.
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

799

(4) The agency head or principal deputy shall review annually each 

special access program to determine whether it continues to meet the 

requirements of this order.

(5) Upon request, an agency head shall brief the National Security 

Advisor, or a designee, on any or all of the agency’s special access 

programs.

(6) For the purposes of this section, the term “agency head” refers only to 

the Secretaries of State, Defense, Energy, and Homeland Security, the 

Attorney General, and the Director of National Intelligence, or the 

principal deputy of each.

(c) Nothing in this order shall supersede any requirement made by or under 10 

U.S.C. 119.

SEC. 4.4. ACCESS BY HISTORICAL RESEARCHERS AND CERTAIN FORMER 

GOVERNMENT PERSONNEL.

(a) The requirement in section 4.1(a)(3) of this order that access to classified 

information may be granted only to individuals who have a need-to-know the 

information may be waived for persons who:

(1) are engaged in historical research projects;

(2) previously have occupied senior policy-making positions to which 

they were appointed or designated by the President or the Vice President; 

or

(3) served as President or Vice President.

(b) Waivers under this section may be granted only if the agency head or senior 

agency official of the originating agency:

(1) determines in writing that access is consistent with the interest of the 

national security;

(2) takes appropriate steps to protect classified information from 

unauthorized disclosure or compromise, and ensures that the information 

is safeguarded in a manner consistent with this order; and

(3) limits the access granted to former Presidential appointees or 

designees and Vice Presidential appointees or designees to items that the 

person originated, reviewed, signed, or received while serving as a 

Presidential or Vice Presidential appointee or designee.

PART 5—IMPLEMENTATION AND REVIEW

SEC. 5.1. PROGRAM DIRECTION.

(a) The Director of the Information Security Oversight Office, under the direction 

of the Archivist and in consultation with the National Security Advisor, shall 

issue such directives as are necessary to implement this order. These directives 
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800

shall be binding on the agencies. Directives issued by the Director of the 

Information Security Oversight Office shall establish standards for:

(1) classification, declassification, and marking principles;

(2) safeguarding classified information, which shall pertain to the 

handling, storage, distribution, transmittal, and destruction of and 

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 functions of 

this program to the Director of the Information Security Oversight Office.

(c) The Director of National Intelligence, after consultation with the heads of 

affected agencies and the Director of the Information Security Oversight Office, 

may issue directives to implement this order with respect to the protection of 

intelligence sources, methods, and activities. Such directives shall be consistent 

with this order and directives issued under paragraph (a) of this section.

SEC. 5.2. INFORMATION SECURITY OVERSIGHT OFFICE.

(a) There is established within the National Archives an Information Security 

Oversight Office. The Archivist shall appoint the Director of the Information 

Security Oversight Office, subject to the approval of the President.

(b) Under the direction of the Archivist, acting in consultation with the National 

Security Advisor, the Director of the Information Security Oversight Office shall:

(1) develop directives for the implementation of this order;

(2) oversee agency actions to ensure compliance with this order and its 

implementing directives;

(3) review and approve agency implementing regulations prior to their 

issuance to ensure their consistency with this order and directives issued 

under section 5.1(a) of this order;

(4) have the authority to conduct on-site reviews of each agency’s 

program established under this order, and to require of each agency those 

reports and information and other cooperation that may be necessary to 

fulfill its responsibilities. If granting access to specific categories of 

classified information would pose an exceptional national security risk, 

the affected agency head or the senior agency official shall submit a 

written justification recommending the denial of access to the President 

through the National Security Advisor within 60 days of the request for 

access. Access shall be denied pending the response;

(5) review requests for original classification authority from agencies or 

officials not granted original classification authority and, if deemed 
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

801

appropriate, recommend Presidential approval through the National 

Security Advisor;

(6) consider and take action on complaints and suggestions from persons 

within or outside the Government with respect to the administration of 

the program established under this order;

(7) have the authority to prescribe, after consultation with affected 

agencies, standardization of forms or procedures that will promote the 

implementation of the program established under this order;

(8) report at least annually to the President on the implementation of this 

order; and

(9) convene and chair interagency meetings to discuss matters pertaining 

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 Appeals 

Panel. The Departments of State, Defense, and Justice, the National 

Archives, the Office of the Director of National Intelligence, and the 

National Security Advisor shall each be represented by a senior-level 

representative who is a full-time or permanent part-time Federal officer 

or employee designated to serve as a member of the Panel by the 

respective agency head. The President shall designate a Chair from 

among the members of the Panel.

(2) Additionally, the Director of the Central Intelligence Agency may 

appoint a temporary representative who meets the criteria in paragraph 

(a)(1) of this section to participate as a voting member in all Panel 

deliberations and associated support activities concerning classified 

information originated by the Central Intelligence Agency.

(3) A vacancy on the Panel shall be filled as quickly as possible as 

provided in paragraph (a)(1) of this section.

(4) The Director of the Information Security Oversight Office shall serve 

as the Executive Secretary of the Panel. The staff of the Information 

Security Oversight Office shall provide program and administrative 

support for the Panel.

(5) The members and staff of the Panel shall be required to meet 

eligibility for access standards in order to fulfill the Panel’s functions.

(6) The Panel shall meet at the call of the Chair. The Chair shall schedule 

meetings as may be necessary for the Panel to fulfill its functions in a 

timely manner.

(7) The Information Security Oversight Office shall include in its reports 

to the President a summary of the Panel’s activities.
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

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(b) FUNCTIONS. The Panel shall:

(1) decide on appeals by persons who have filed classification challenges 

under section 1.8 of this order;

(2) approve, deny, or amend agency exemptions from automatic 

declassification as provided in section 3.3 of this order;

(3) decide on appeals by persons or entities who have filed requests for 

mandatory declassification review under section 3.5 of this order; and

(4) appropriately inform senior agency officials and the public of final 

Panel decisions on appeals under sections 1.8 and 3.5 of this order.

(c) RULES AND PROCEDURES. The Panel shall issue bylaws, which shall be 

published in the Federal Register. The bylaws shall establish the rules and 

procedures that the Panel will follow in accepting, considering, and issuing 

decisions on appeals. The rules and procedures of the Panel shall provide that the 

Panel will consider appeals only on actions in which:

(1) the appellant has exhausted his or her administrative remedies within 

the responsible agency;

(2) there is no current action pending on the issue within the Federal 

courts; and

(3) the information has not been the subject of review by the Federal 

courts or the Panel within the past 2 years.

(d) Agency heads shall cooperate fully with the Panel so that it can fulfill its 

functions in a timely and fully informed manner. The Panel shall report to the 

President through the National Security Advisor any instance in which it believes 

that an agency head is not cooperating fully with the Panel.

(e) The Panel is established for the sole purpose of advising and assisting the 

President in the discharge of his constitutional and discretionary authority to 

protect the national security of the United States. Panel decisions are committed 

to the discretion of the Panel, unless changed by the President.

(f) An agency head may appeal a decision of the Panel to the President through 

the National Security Advisor. The information shall remain classified pending a 

decision on the appeal.

SEC. 5.4. GENERAL RESPONSIBILITIES.

Heads of agencies that originate or handle classified information shall:

(a) demonstrate personal commitment and commit senior management to the 

successful implementation of the program established under this order;

(b) commit necessary resources to the effective implementation of the program 

established under this order;

(c) ensure that agency records systems are designed and maintained to optimize 

the appropriate sharing and safeguarding of classified information, and to 
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

803

facilitate its declassification under the terms of this order when it no longer meets 

the standards for continued classification; and

(d) designate a senior agency official to direct and administer the program, whose 

responsibilities shall include:

(1) overseeing the agency’s program established under this order, 

provided an agency head may designate a separate official to oversee 

special access programs authorized under this order. This official shall 

provide a full accounting of the agency’s special access programs at least 

annually;

(2) promulgating implementing regulations, which shall be published in 

the Federal Register to the extent that they affect members of the public;

(3) establishing and maintaining security education and training 

programs;

(4) establishing and maintaining an ongoing self-inspection program, 

which shall include the regular reviews of representative samples of the 

agency’s original and derivative classification actions, and shall 

authorize appropriate agency officials to correct misclassification actions 

not covered by sections 1.7(c) and 1.7(d) of this order; and reporting 

annually to the Director of the Information Security Oversight Office on 

the agency’s self-inspection program;

(5) establishing procedures consistent with directives issued pursuant to 

this order to prevent unnecessary access to classified information, 

including procedures that:

(A) require that a need for access to classified information be 

established before initiating administrative clearance procedures; 

and 

(B) ensure that the number of persons granted access to 

classified information meets the mission needs of the agency 

while also satisfying operational and security requirements and 

needs;

(6) developing special contingency plans for the safeguarding of 

classified information used in or near hostile or potentially hostile areas;

(7) ensuring that the performance contract or other system used to rate 

civilian or military personnel performance includes the designation and 

management of classified information as a critical element or item to be 

evaluated in the rating of:

(A) original classification authorities;

(B) security managers or security specialists; and

(C) all other personnel whose duties significantly involve the 

creation or handling of classified information, including 
EXECUTIVE ORDER 13526, CLASSIFIED NATIONAL SECURITY INFORMATION

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personnel who regularly apply derivative classification 

markings;

(8) accounting for the costs associated with the implementation of this 

order, which shall be reported to the Director of the Information Security 

Oversight Office for publication;

(9) assigning in a prompt manner agency personnel to respond to any 

request, appeal, challenge, complaint, or suggestion arising out of this 

order that pertains to classified information that originated in a 

component of the agency that no longer exists and for which there is no 

clear successor in function; and

(10) establishing a secure capability to receive information, allegations, 

or complaints regarding over-classification or incorrect classification 

within the agency and to provide guidance to personnel on proper 

classification as needed.

SEC. 5.5. SANCTIONS.

(a) If the Director of the Information Security Oversight Office finds that a 

violation of this order or its implementing directives has occurred, the Director 

shall make a report to the head of the agency or to the senior agency official so 

that corrective steps, if appropriate, may be taken.

(b) Officers and employees of the United States Government, and its contractors, 

licensees, certificate holders, and grantees shall be subject to appropriate 

sanctions if they knowingly, willfully, or negligently:

(1) disclose to unauthorized persons information properly classified 

under this order or predecessor orders;

(2) classify or continue the classification of information in violation of 

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 implementing 

directives.

(c) Sanctions may include reprimand, suspension without pay, removal, 

termination of classification authority, loss or denial of access to classified 

information, or other sanctions in accordance with applicable law and agency 

regulation.

(d) The agency head, senior agency official, or other supervisory official shall, at 

a minimum, promptly remove the classification authority of any individual who 

demonstrates reckless disregard or a pattern of error in applying the classification 

standards of this order.
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(e) The agency head or senior agency official shall:

(1) take appropriate and prompt corrective action when a violation or 

infraction under paragraph (b) of this section occurs; and

(2) notify the Director of the Information Security Oversight Office when 

a violation under paragraph (b)(1), (2), or (3) of this section occurs.

PART 6—GENERAL PROVISIONS

SEC. 6.1. DEFINITIONS.

For purposes of this order:

(a) “Access” means the ability or opportunity to gain knowledge of classified 

information.

(b) “Agency” means any “Executive agency, ” as defined in 5 U.S.C. 105; any 

“Military department” as defined in 5 U.S.C. 102; and any other entity within the 

executive branch that comes into the possession of classified information.

(c) “Authorized holder” of classified information means anyone who satisfies the 

conditions for access stated in section 4.1(a) of this order.

(d) “Automated information system” means an assembly of computer hardware, 

software, or firmware configured to collect, create, communicate, compute, 

disseminate, process, store, or control data or information.

(e) “Automatic declassification” means the declassification of information based 

solely upon:

(1) the occurrence of a specific date or event as determined by the 

original classification authority; or

(2) the expiration of a maximum time frame for duration of classification 

established under this order.

(f) “Classification” means the act or process by which information is determined 

to be classified information.

(g) “Classification guidance” means any instruction or source that prescribes the 

classification of specific information.

(h) “Classification guide” means a documentary form of classification guidance 

issued by an original classification authority that identifies the elements of 

information regarding a specific subject that must be classified and establishes 

the level and duration of classification for each such element.

(i) “Classified national security information” or “classified information” means 

information that has been determined pursuant to this order or any predecessor 

order to require protection against unauthorized disclosure and is marked to 

indicate its classified status when in documentary form.

(j) “Compilation” means an aggregation of preexisting unclassified items of 

information.
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(k) “Confidential source” means any individual or organization that has provided, 

or that may reasonably be expected to provide, information to the United States 

on matters pertaining to the national security with the expectation that the 

information or relationship, or both, are to be held in confidence.

(l) “Damage to the national security” means harm to the national defense or 

foreign relations of the United States from the unauthorized disclosure of 

information, taking into consideration such aspects of the information as the 

sensitivity, value, utility, and provenance of that information.

(m) “Declassification” means the authorized change in the status of information 

from classified information to unclassified information.

(n) “Declassification guide” means written instructions issued by a 

declassification authority that describes the elements of information regarding a 

specific subject that may be declassified and the elements that must remain 

classified.

(o) “Derivative classification” means the incorporating, paraphrasing, restating, 

or generating in new form information that is already classified, and marking the 

newly developed material consistent with the classification markings that apply 

to the source information. Derivative classification includes the classification of 

information based on classification guidance. The duplication or reproduction of 

existing classified information is not derivative classification.

(p) “Document” means any recorded information, regardless of the nature of the 

medium or the method or circumstances of recording. 

(q) “Downgrading” means a determination by a declassification authority that 

information classified and safeguarded at a specified level shall be classified and 

safeguarded at a lower level.

(r) “File series” means file units or documents arranged according to a filing 

system or kept together because they relate to a particular subject or function, 

result from the same activity, document a specific kind of transaction, take a 

particular physical form, or have some other relationship arising out of their 

creation, receipt, or use, such as restrictions on access or use.

(s) “Foreign government information” means:

(1) information provided to the United States Government by a foreign 

government or governments, an international organization of 

governments, or any element thereof, with the expectation that the 

information, the source of the information, or both, are to be held in 

confidence;

(2) information produced by the United States Government pursuant to 

or as a result of a joint arrangement with a foreign government or 

governments, or an international organization of governments, or any 

element thereof, requiring that the information, the arrangement, or both, 

are to be held in confidence; or
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(3) information received and treated as “foreign government 

information” under the terms of a predecessor order.

(t) “Information” means any knowledge that can be communicated or 

documentary material, regardless of its physical form or characteristics, that is 

owned by, is produced by or for, or is under the control of the United States 

Government.

(u) “Infraction” means any knowing, willful, or negligent action contrary to the 

requirements of this order or its implementing directives that does not constitute 

a “violation, ” as defined below.

(v) “Integral file block” means a distinct component of a file series, as defined in 

this section, that should be maintained as a separate unit in order to ensure the 

integrity of the records. An integral file block may

consist of a set of records covering either a specific topic or a range of time, such 

as a Presidential administration or a 5-year retirement schedule within a specific 

file series that is retired from active use as a group. For purposes of automatic 

declassification, integral file blocks shall contain only records dated within 10 

years of the oldest record in the file block.

(w) “Integrity” means the state that exists when information is unchanged from 

its source and has not been accidentally or intentionally modified, altered, or 

destroyed.

(x) “Intelligence” includes foreign intelligence and counterintelligence as defined 

by Executive Order 12333 of December 4, 1981, as amended, or by a successor 

order.

(y) “Intelligence activities” means all activities that elements of the Intelligence 

Community are authorized to conduct pursuant to law or Executive Order 12333, 

as amended, or a successor order.

(z) “Intelligence Community” means an element or agency of the U.S. 

Government identified in or designated pursuant to section 3(4) of the National 

Security Act of 1947, as amended, or section 3.5(h) of Executive Order 12333, as 

amended.

(aa) “Mandatory declassification review” means the review for declassification 

of classified information in response to a request for declassification that meets 

the requirements under section 3.5 of this order.

(bb) “Multiple sources” means two or more source documents, classification 

guides, or a combination of both.

(cc) “National security” means the national defense or foreign relations of the 

United States.

(dd) “Need-to-know” means a determination within the executive branch in 

accordance with directives issued pursuant to this order that a prospective 

recipient requires access to specific classified information in order to perform or 

assist in a lawful and authorized governmental function.
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(ee) “Network” means a system of two or more computers that can exchange data 

or information.

(ff) “Original classification” means an initial determination that information 

requires, in the interest of the national security, protection against unauthorized 

disclosure.

(gg) “Original classification authority” means an individual authorized in writing, 

either by the President, the Vice President, or by agency heads or other officials 

designated by the President, to classify information in the first instance.

(hh) “Records” means the records of an agency and Presidential papers or 

Presidential records, as those terms are defined in title 44, United States Code, 

including those created or maintained by a government contractor, licensee, 

certificate holder, or grantee that are subject to the sponsoring agency’s control 

under the terms of the contract, license, certificate, or grant.

(ii) “Records having permanent historical value” means Presidential papers or 

Presidential records and the records of an agency that the Archivist has 

determined should be maintained permanently in accordance with title 44, United 

States Code.

(jj) “Records management” means the planning, controlling, directing, 

organizing, training, promoting, and other managerial activities involved with 

respect to records creation, records maintenance and use, and records disposition 

in order to achieve adequate and proper documentation of the policies and 

transactions of the Federal Government and effective and economical 

management of agency operations.

(kk) “Safeguarding” means measures and controls that are prescribed to protect 

classified information.

(ll) “Self-inspection” means the internal review and evaluation of individual 

agency activities and the agency as a whole with respect to the implementation of 

the program established under this order and its implementing directives.

(mm) “Senior agency official” means the official designated by the agency head 

under section 5.4(d) of this order to direct and administer the agency’s program 

under which information is classified, safeguarded, and declassified. 

(nn) “Source document” means an existing document that contains classified 

information that is incorporated, paraphrased, restated, or generated in new form 

into a new document.

(oo) “Special access program” means a program established for a specific class 

of classified information that imposes safeguarding and access requirements that 

exceed those normally required for information at the same classification level.

(pp) “Systematic declassification review” means the review for declassification 

of classified information contained in records that have been determined by the 

Archivist to have permanent historical value in accordance with title 44, United 

States Code.
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809

(qq) “Telecommunications” means the preparation, transmission, or 

communication of information by electronic means.

(rr) “Unauthorized disclosure” means a communication or physical transfer of 

classified information to an unauthorized recipient.

(ss) “U.S. entity” includes:

(1) State, local, or tribal governments;

(2) State, local, and tribal law enforcement and firefighting entities;

(3) public health and medical entities;

(4) regional, state, local, and tribal emergency management entities, 

including State Adjutants General and other appropriate public safety 

entities; or

(5) private sector entities serving as part of the nation’s Critical 

Infrastructure/ Key Resources.

(tt) “Violation” means:

(1) any knowing, willful, or negligent action that could reasonably be 

expected to result in an unauthorized disclosure of classified information; 

(2) any knowing, willful, or negligent action to classify or continue the

classification of information contrary to the requirements of this order or 

its implementing directives; or

(3) any knowing, willful, or negligent action to create or continue a 

special access program contrary to the requirements of this order.

(uu) “Weapons of mass destruction” means any weapon of mass destruction as 

defined in 50 U.S.C. 1801(p).

SEC. 6.2. GENERAL PROVISIONS

(a) Nothing in this order shall supersede any requirement made by or under the 

Atomic Energy Act of 1954, as amended, or the National Security Act of 1947, 

as amended. “Restricted Data” and “Formerly Restricted Data” shall be handled, 

protected, classified, downgraded, and declassified in conformity with the 

provisions of the Atomic Energy Act of 1954, as amended, and regulations issued 

under that Act.

(b) The Director of National Intelligence may, with respect to the Intelligence 

Community and after consultation with the heads of affected departments and 

agencies, issue such policy directives and guidelines as the Director of National 

Intelligence deems necessary to implement this order with respect to the 

classification and declassification of all intelligence and intelligence-related 

information, and for access to and dissemination of all intelligence and 

intelligence-related information, both in its final form and in the form when 

initially gathered. Procedures or other guidance issued by Intelligence 

Community element heads shall be in accordance with such policy directives or 

guidelines issued by the Director of National Intelligence. Any such policy 
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810

directives or guidelines issued by the Director of National Intelligence shall be in 

accordance with directives issued by the Director of the Information Security 

Oversight Office under section 5.1(a) of this order.

(c) The Attorney General, upon request by the head of an agency or the Director 

of the Information Security Oversight Office, shall render an interpretation of this 

order with respect to any question arising in the course of its administration.

(d) Nothing in this order limits the protection afforded any information by other 

provisions of law, including the Constitution, Freedom of Information Act 

exemptions, the Privacy Act of 1974, and the National Security Act of 1947, as 

amended. This order is not intended to and does not create any right or benefit, 

substantive or procedural, enforceable at law by a party against the United States, 

its departments, agencies, or entities, its officers, employees, or agents, or any 

other person. The foregoing is in addition to the specific provisos set forth in 

sections 1.1(b), 3.1(c) and 5.3(e) of this order.

(e) Nothing in this order shall be construed to obligate action or otherwise affect 

functions by the Director of the Office of Management and Budget relating to 

budgetary, administrative, or legislative proposals.

(f) This order shall be implemented subject to the availability of appropriations.

(g) Executive Order 12958 of April 17, 1995, and amendments thereto, including 

Executive Order 13292 of March 25, 2003, are hereby revoked as of the effective 

date of this order.

SEC. 6.3. EFFECTIVE DATE.

This order is effective 180 days from the date of this order, except for sections 

1.7, 3.3, and 3.7, which are effective immediately.

SEC. 6.4. PUBLICATION.

The Archivist of the United States shall publish this Executive Order in the 

Federal Register.

-/S/- Barack Obama

THE WHITE HOUSE,

December 29, 2009.
EXECUTIVE ORDER 13636, IMPROVING CRITICAL INFRASTRUCTURE 

CYBERSECURITY

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EXECUTIVE ORDER 13636:

IMPROVING CRITICAL INFRASTRUCTURE CYBERSECURITY

[Signed: February 12, 2013, Federal Register Vol. 78, No. 33

(February 12, 2013)]

By the authority vested in me as President by the Constitution and the laws of 

the United States of America, it is hereby ordered as follows:

SECTION 1. POLICY.

Repeated cyber intrusions into critical infrastructure demonstrate the need for 

improved cybersecurity. The cyber threat to critical infrastructure continues to 

grow and represents one of the most serious national security challenges we 

must confront. The national and economic security of the United States 

depends on the reliable functioning of the Nation’s critical infrastructure in the 

face of such threats. It is the policy of the United States to enhance the security 

and resilience of the Nation’s critical infrastructure and to maintain a cyber 

environment that encourages efficiency, innovation, and economic prosperity 

while promoting safety, security, business confidentiality, privacy, and civil 

liberties. We can achieve these goals through a partnership with the owners and 

operators of critical infrastructure to improve cybersecurity information sharing 

and collaboratively develop and implement risk-based standards.

SEC. 2. CRITICAL INFRASTRUCTURE.

As used in this order, the term critical infrastructure means systems and assets, 

whether physical or virtual, so vital to the United States that the incapacity or 

destruction of such systems and assets would have a debilitating impact on 

security, national economic security, national public health or safety, or any 

combination of those matters.

SEC. 3. POLICY COORDINATION.

Policy coordination, guidance, dispute resolution, and periodic in-progress 

reviews for the functions and programs described and assigned herein shall be 

provided through the interagency process established in Presidential Policy 

Directive-1 of February 13, 2009 (Organization of the National Security 

Council System), or any successor.

SEC. 4. CYBERSECURITY INFORMATION SHARING.

(a) It is the policy of the United States Government to increase the volume, 

timeliness, and quality of cyber threat information shared with U.S. private 
EXECUTIVE ORDER 13636, IMPROVING CRITICAL INFRASTRUCTURE 

CYBERSECURITY

812

sector entities so that these entities may better protect and defend themselves 

against cyber threats. Within 120 days of the date of this order, the Attorney 

General, the Secretary of Homeland Security (the “Secretary”), and the 

Director of National Intelligence shall each issue instructions consistent with 

their authorities and with the requirements of section 12(c) of this order to 

ensure the timely production of unclassified reports of cyber threats to the U.S. 

homeland that identify a specific targeted entity. The instructions shall address 

the need to protect intelligence and law enforcement sources, methods, 

operations, and investigations.

(b) The Secretary and the Attorney General, in coordination with the Director 

of National Intelligence, shall establish a process that rapidly disseminates the 

reports produced pursuant to section 4(a) of this order to the targeted entity. 

Such process shall also, consistent with the need to protect national security 

information, include the dissemination of classified reports to critical 

infrastructure entities authorized to receive them. The Secretary and the 

Attorney General, in coordination with the Director of National Intelligence, 

shall establish a system for tracking the production, dissemination, and 

disposition of these reports.

(c) To assist the owners and operators of critical infrastructure in protecting 

their systems from unauthorized access, exploitation, or harm, the Secretary, 

consistent with 6 U.S.C. 143 and in collaboration with the Secretary of 

Defense, shall, within 120 days of the date of this order, establish procedures to 

expand the Enhanced Cybersecurity Services program to all critical 

infrastructure sectors. This voluntary information sharing program will provide 

classified cyber threat and technical information from the Government to 

eligible critical infrastructure companies or commercial service providers that 

offer security services to critical infrastructure.

(d) The Secretary, as the Executive Agent for the Classified National Security 

Information Program created under Executive Order 13549 of August 18, 2010 

(Classified National Security Information Program for State, Local, Tribal, and 

Private Sector Entities), shall expedite the processing of security clearances to

appropriate personnel employed by critical infrastructure owners and operators, 

prioritizing the critical infrastructure identified in section 9 of this order.

(e) In order to maximize the utility of cyber threat information sharing with the 

private sector, the Secretary shall expand the use of programs that bring private 

sector subject-matter experts into Federal service on a temporary basis. These 

subject matter experts should provide advice regarding the content, structure, 

and types of information most useful to critical infrastructure owners and 

operators in reducing and mitigating cyber risks.
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SEC. 5. PRIVACY AND CIVIL LIBERTIES PROTECTIONS.

(a) Agencies shall coordinate their activities under this order with their senior 

agency officials for privacy and civil liberties and ensure that privacy and civil 

liberties protections are incorporated into such activities. Such protections shall 

be based upon the Fair Information Practice Principles and other privacy and 

civil liberties policies, principles, and frameworks as they apply to each 

agency’s activities.

(b) The Chief Privacy Officer and the Officer for Civil Rights and Civil 

Liberties of the Department of Homeland Security (DHS) shall assess the 

privacy and civil liberties risks of the functions and programs undertaken by 

DHS as called for in this order and shall recommend to the Secretary ways to 

minimize or mitigate such risks, in a publicly available report, to be released 

within 1 year of the date of this order. Senior agency privacy and civil liberties 

officials for other agencies engaged in activities under this order shall conduct 

assessments of their agency activities and provide those assessments to DHS 

for consideration and inclusion in the report. The report shall be reviewed on an 

annual basis and revised as necessary. The report may contain a classified 

annex if necessary. Assessments shall include evaluation of activities against 

the Fair Information Practice Principles and other applicable privacy and civil 

liberties policies, principles, and frameworks. Agencies shall consider the 

assessments and recommendations of the report in implementing privacy and 

civil liberties protections for agency activities.

(c) In producing the report required under subsection (b) of this section, the 

Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties of 

DHS shall consult with the Privacy and Civil Liberties Oversight Board and 

coordinate with the Office of Management and Budget (OMB).

(d) Information submitted voluntarily in accordance with 6 U.S.C. 133 by 

private entities under this order shall be protected from disclosure to the fullest 

extent permitted by law.

SEC. 6. CONSULTATIVE PROCESS.

The Secretary shall establish a consultative process to coordinate improvements 

to the cybersecurity of critical infrastructure. As part of the consultative 

process, the Secretary shall engage and consider the advice, on matters set forth 

in this order, of the Critical Infrastructure Partnership Advisory Council; Sector 

Coordinating Councils; critical infrastructure owners and operators; SectorSpecific Agencies; other relevant agencies; independent regulatory agencies; 

State, local, territorial, and tribal governments; universities; and outside 

experts.
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SEC. 7. BASELINE FRAMEWORK TO REDUCE CYBER RISK TO CRITICAL 

INFRASTRUCTURE.

(a) The Secretary of Commerce shall direct the Director of the National 

Institute of Standards and Technology (the “Director”) to lead the development 

of a framework to reduce cyber risks to critical infrastructure (the 

“Cybersecurity Framework”). The Cybersecurity Framework shall include a set 

of standards, methodologies, procedures, and processes that align policy, 

business, and technological approaches to address cyber risks. The 

Cybersecurity Framework shall incorporate voluntary consensus standards and 

industry best practices to the fullest extent possible. The Cybersecurity 

Framework shall be consistent with voluntary international standards when 

such international standards will advance the objectives of this order, and shall 

meet the requirements of the National Institute of Standards and Technology 

Act, as amended (15 U.S.C. 271 et seq.), the National Technology Transfer and 

Advancement Act of 1995 (Public Law 104-113), and OMB Circular A-119, as 

revised.

(b) The Cybersecurity Framework shall provide a prioritized, flexible, 

repeatable, performance-based, and cost-effective approach, including 

information security measures and controls, to help owners and operators of 

critical infrastructure identify, assess, and manage cyber risk. The 

Cybersecurity Framework shall focus on identifying cross-sector security 

standards and guidelines applicable to critical infrastructure. The Cybersecurity 

Framework will also identify areas for improvement that should be addressed 

through future collaboration with particular sectors and standards-developing 

organizations. To enable technical innovation and account for organizational 

differences, the Cybersecurity Framework will provide guidance that is 

technology neutral and that enables critical infrastructure sectors to benefit 

from a competitive market for products and services that meet the standards, 

methodologies, procedures, and processes developed to address cyber risks. 

The Cybersecurity Framework shall include guidance for measuring the 

performance of an entity in implementing the Cybersecurity Framework.

(c) The Cybersecurity Framework shall include methodologies to identify and 

mitigate impacts of the Cybersecurity Framework and associated information 

security measures or controls on business confidentiality, and to protect 

individual privacy and civil liberties.

(d) In developing the Cybersecurity Framework, the Director shall engage in an 

open public review and comment process. The Director shall also consult with 

the Secretary, the National Security Agency, Sector-Specific Agencies and 

other interested agencies including OMB, owners and operators of critical 

infrastructure, and other stakeholders through the consultative process 
EXECUTIVE ORDER 13636, IMPROVING CRITICAL INFRASTRUCTURE 

CYBERSECURITY

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established in section 6 of this order. The Secretary, the Director of National 

Intelligence, and the heads of other relevant agencies shall provide threat and 

vulnerability information and technical expertise to inform the development of 

the Cybersecurity Framework. The Secretary shall provide performance goals 

for the Cybersecurity Framework informed by work under section 9 of this 

order.

(e) Within 240 days of the date of this order, the Director shall publish a 

preliminary version of the Cybersecurity Framework (the “preliminary 

Framework”). Within 1 year of the date of this order, and after coordination 

with the Secretary to ensure suitability under section 8 of this order, the 

Director shall publish a final version of the Cybersecurity Framework (the 

“final Framework”).

(f) Consistent with statutory responsibilities, the Director will ensure the 

Cybersecurity Framework and related guidance is reviewed and updated as 

necessary, taking into consideration technological changes, changes in cyber 

risks, operational feedback from owners and operators of critical infrastructure, 

experience from the implementation of section 8 of this order, and any other 

relevant factors.

SEC. 8. VOLUNTARY CRITICAL INFRASTRUCTURE CYBERSECURITY PROGRAM.

(a) The Secretary, in coordination with Sector-Specific Agencies, shall 

establish a voluntary program to support the adoption of the Cybersecurity 

Framework by owners and operators of critical infrastructure and any other 

interested entities (the “Program”).

(b) Sector-Specific Agencies, in consultation with the Secretary and other 

interested agencies, shall coordinate with the Sector Coordinating Councils to 

review the Cybersecurity Framework and, if necessary, develop 

implementation guidance or supplemental materials to address sector-specific 

risks and operating environments.

(c) Sector-Specific Agencies shall report annually to the President, through the 

Secretary, on the extent to which owners and operators notified under section 9 

of this order are participating in the Program.

(d) The Secretary shall coordinate establishment of a set of incentives designed 

to promote participation in the Program. Within 120 days of the date of this 

order, the Secretary and the Secretaries of the Treasury and Commerce each 

shall make recommendations separately to the President, through the Assistant 

to the President for Homeland Security and Counterterrorism and the Assistant 

to the President for Economic Affairs, that shall include analysis of the benefits 

and relative effectiveness of such incentives, and whether the incentives would 
EXECUTIVE ORDER 13636, IMPROVING CRITICAL INFRASTRUCTURE 

CYBERSECURITY

816

require legislation or can be provided under existing law and authorities to 

participants in the Program.

(e) Within 120 days of the date of this order, the Secretary of Defense and the 

Administrator of General Services, in consultation with the Secretary and the 

Federal Acquisition Regulatory Council, shall make recommendations to the 

President, through the Assistant to the President for Homeland Security and 

Counterterrorism and the Assistant to the President for Economic Affairs, on 

the feasibility, security benefits, and relative merits of incorporating security 

standards into acquisition planning and contract administration. The report 

shall address what steps can be taken to harmonize and make consistent 

existing procurement requirements related to cybersecurity.

SEC. 9. IDENTIFICATION OF CRITICAL INFRASTRUCTURE AT GREATEST RISK.

(a) Within 150 days of the date of this order, the Secretary shall use a riskbased approach to identify critical infrastructure where a cybersecurity incident 

could reasonably result in catastrophic regional or national effects on public 

health or safety, economic security, or national security. In identifying critical 

infrastructure for this purpose, the Secretary shall use the consultative process 

established in section 6 of this order and draw upon the expertise of SectorSpecific Agencies. The Secretary shall apply consistent, objective criteria in 

identifying such critical infrastructure. The Secretary shall not identify any 

commercial information technology products or consumer information 

technology services under this section. The Secretary shall review and update 

the list of identified critical infrastructure under this section on an annual basis, 

and provide such list to the President, through the Assistant to the President for 

Homeland Security and Counterterrorism and the Assistant to the President for 

Economic Affairs.

(b) Heads of Sector-Specific Agencies and other relevant agencies shall provide 

the Secretary with information necessary to carry out the responsibilities under 

this section. The Secretary shall develop a process for other relevant 

stakeholders to submit information to assist in making the identifications 

required in subsection (a) of this section.

(c) The Secretary, in coordination with Sector-Specific Agencies, shall 

confidentially notify owners and operators of critical infrastructure identified 

under subsection (a) of this section that they have been so identified, and 

ensure identified owners and operators are provided the basis for the 

determination. The Secretary shall establish a process through which owners 

and operators of critical infrastructure may submit relevant information and 

request reconsideration of identifications under subsection (a) of this section.
EXECUTIVE ORDER 13636, IMPROVING CRITICAL INFRASTRUCTURE 

CYBERSECURITY

817

SEC. 10. ADOPTION OF FRAMEWORK.

(a) Agencies with responsibility for regulating the security of critical 

infrastructure shall engage in a consultative process with DHS, OMB, and the 

National Security Staff to review the preliminary Cybersecurity Framework and 

determine if current cybersecurity regulatory requirements are sufficient given 

current and projected risks. In making such determination, these agencies shall 

consider the identification of critical infrastructure required under section 9 of 

this order. Within 90 days of the publication of the preliminary Framework, 

these agencies shall submit a report to the President, through the Assistant to 

the President for Homeland Security and Counterterrorism, the Director of 

OMB, and the Assistant to the President for Economic Affairs, that states 

whether or not the agency has clear authority to establish requirements based 

upon the Cybersecurity Framework to sufficiently address current and 

projected cyber risks to critical infrastructure, the existing authorities 

identified, and any additional authority required.

(b) If current regulatory requirements are deemed to be insufficient, within 90 

days of publication of the final Framework, agencies identified in subsection 

(a) of this section shall propose prioritized, risk-based, efficient, and 

coordinated actions, consistent with Executive Order 12866 of September 30, 

1993 (Regulatory Planning and Review), Executive Order 13563 of January 18, 

2011 (Improving Regulation and Regulatory Review), and Executive Order 

13609 of May 1, 2012 (Promoting International Regulatory Cooperation), to 

mitigate cyber risk.

(c) Within 2 years after publication of the final Framework, consistent with 

Executive Order 13563 and Executive Order 13610 of May 10, 2012 

(Identifying and Reducing Regulatory Burdens), agencies identified in 

subsection (a) of this section shall, in consultation with owners and operators of 

critical infrastructure, report to OMB on any critical infrastructure subject to 

ineffective, conflicting, or excessively burdensome cybersecurity requirements. 

This report shall describe efforts made by agencies, and make 

recommendations for further actions, to minimize or eliminate such 

requirements.

(d) The Secretary shall coordinate the provision of technical assistance to 

agencies identified in subsection (a) of this section on the development of their 

cybersecurity workforce and programs.

(e) Independent regulatory agencies with responsibility for regulating the 

security of critical infrastructure are encouraged to engage in a consultative 

process with the Secretary, relevant Sector-Specific Agencies, and other 

affected parties to consider prioritized actions to mitigate cyber risks for critical 

infrastructure consistent with their authorities.
EXECUTIVE ORDER 13636, IMPROVING CRITICAL INFRASTRUCTURE 

CYBERSECURITY

818

SEC. 11. DEFINITIONS.

(a) “Agency” means any authority of the United States that is an “agency”

under 44 U.S.C. 3502(1), other than those considered to be independent 

regulatory agencies, as defined in 44 U.S.C. 3502(5).

(b) “Critical Infrastructure Partnership Advisory Council” means the council 

established by DHS under 6 U.S.C. 451 to facilitate effective interaction and 

coordination of critical infrastructure protection activities among the Federal 

Government; the private sector; and State, local, territorial, and tribal 

governments.

(c) “Fair Information Practice Principles” means the eight principles set forth in 

Appendix A of the National Strategy for Trusted Identities in Cyberspace.

(d) “Independent regulatory agency” has the meaning given the term in 44 

U.S.C. 3502(5).

(e) “Sector Coordinating Council” means a private sector coordinating council 

composed of representatives of owners and operators within a particular sector 

of critical infrastructure established by the National Infrastructure Protection 

Plan or any successor.

(f) “Sector-Specific Agency” has the meaning given the term in Presidential 

Policy Directive-21 of February 12, 2013 (Critical Infrastructure Security and 

Resilience), or any successor.

SEC. 12. GENERAL PROVISIONS.

(a) This order shall be implemented consistent with applicable law and subject 

to the availability of appropriations. Nothing in this order shall be construed to 

provide an agency with authority for regulating the security of critical

infrastructure in addition to or to a greater extent than the authority the agency 

has under existing law. Nothing in this order shall be construed to alter or limit 

any authority or responsibility of an agency under existing law.

(b) Nothing in this order shall be construed to impair or otherwise affect the 

functions of the Director of OMB relating to budgetary, administrative, or 

legislative proposals.

(c) All actions taken pursuant to this order shall be consistent with 

requirements and authorities to protect intelligence and law enforcement 

sources and methods. Nothing in this order shall be interpreted to supersede 

measures established under authority of law to protect the security and integrity 

of specific activities and associations that are in direct support of intelligence 

and law enforcement operations.

(d) This order shall be implemented consistent with U.S. international 

obligations.
EXECUTIVE ORDER 13636, IMPROVING CRITICAL INFRASTRUCTURE 

CYBERSECURITY

819

(e) This order is not intended to, and does not, create any right or benefit, 

substantive or procedural, enforceable at law or in equity by any party against 

the United States, its departments, agencies, or entities, its officers, employees, 

or agents, or any other person.

-/S/- Barack Obama

THE WHITE HOUSE,

February 12, 2013.
PRESIDENTIAL POLICY DIRECTIVE 28

820

PRESIDENTIAL POLICY DIRECTIVE – SIGNALS INTELLIGENCE 

ACTIVITIES

THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release January 17, 2014 

PRESIDENTIAL POLICY DIRECTIVE/PPD-28 

SUBJECT: Signals Intelligence Activities 

The United States, like other nations, has gathered intelligence throughout its 

history to ensure that national security and foreign policy decision makers have 

access to timely, accurate, and insightful information. 

The collection of signals intelligence is necessary for the United States to 

advance its national security and foreign policy interests and to protect its 

citizens and the citizens of its allies and partners from harm. At the same time, 

signals intelligence activities and the possibility that such activities may be 

improperly disclosed to the public pose multiple risks. These include risks to: our 

relationships with other nations, including the cooperation we receive from other 

nations on law enforcement, counterterrorism, and other issues; our commercial, 

economic, and financial interests, including a potential loss of international trust 

in U.S. firms and the decreased willingness of other nations to participate in 

international data sharing, privacy, and regulatory regimes; the credibility of our 

commitment to an open, interoperable, and secure global Internet; and the 

protection of intelligence sources and methods. 

In addition, our signals intelligence activities must take into account that all 

persons should be treated with dignity and respect, regardless of their nationality 

or wherever they might reside, and that all persons have legitimate privacy 

interests in the handling of their personal information. 

In determining why, whether, when, and how the United States conducts signals 

intelligence activities, we must weigh all of these considerations in a context in 

which information and communications technologies are constantly changing. 

The evolution of technology has created a world where communications 

important to our national security and the communications all of us make as part 
PRESIDENTIAL POLICY DIRECTIVE 28

821

of our daily lives are transmitted through the same channels. This presents new 

and diverse opportunities for, and challenges with respect to, the collection of 

intelligence – and especially signals intelligence. The United States Intelligence 

Community (IC) has achieved remarkable success in developing enhanced 

capabilities to perform its signals intelligence mission in this rapidly changing 

world, and these enhanced capabilities are a major reason we have been able to 

adapt to a dynamic and challenging security environment.1 The United States 

must preserve and continue to develop a robust and technologically advanced 

signals intelligence capability to protect our security and that of our partners and 

allies. Our signals intelligence capabilities must also be agile enough to enable us 

to focus on fleeting opportunities or emerging crises and to address not only the 

issues of today, but also the issues of tomorrow, which we may not be able to 

foresee. 

Advanced technologies can increase risks, as well as opportunities, however, and 

we must consider these risks when deploying our signals intelligence capabilities. 

The IC conducts signals intelligence activities with care and precision to ensure 

that its collection, retention, use, and dissemination of signals intelligence 

account for these risks. In light of the evolving technological and geopolitical 

environment, we must continue to ensure that our signals intelligence policies 

and practices appropriately take into account our alliances and other partnerships; 

the leadership role that the United States plays in upholding democratic 

principles and universal human rights; the increased globalization of trade, 

investment, and information flows; our commitment to an open, interoperable 

and secure global Internet; and the legitimate privacy and civil liberties concerns 

of U.S. citizens and citizens of other nations. 

Presidents have long directed the acquisition of foreign intelligence and 

counterintelligence2 pursuant to their constitutional authority to conduct U.S. 

 1 For the purposes of this directive, the terms “Intelligence Community” and “elements of the 

Intelligence Community” shall have the same meaning as they do in Executive Order 12333 of 

December 4, 1981, as amended (Executive Order 12333).

2 For the purposes of this directive, the terms “foreign intelligence” and “counterintelligence” shall 

have the same meaning as they have in Executive Order 12333. Thus, “foreign intelligence” means 

“information relating to the capabilities, intentions, or activities of foreign governments or elements 

thereof, foreign organizations, foreign persons, or international terrorists,” and 

“counterintelligence” means “information gathered and activities conducted to identify, deceive, 

exploit, disrupt, or protect against espionage, other intelligence activities, sabotage, or 

assassinations conducted for or on behalf of foreign powers, organizations, or persons, or their 

agents, or international terrorist organizations or activities.” Executive Order 12333 further notes 

that “[i]ntelligence includes foreign intelligence and counterintelligence.”
PRESIDENTIAL POLICY DIRECTIVE 28

822

foreign relations and to fulfill their constitutional responsibilities as Commander 

in Chief and Chief Executive. They have also provided direction on the conduct 

of intelligence activities in furtherance of these authorities and responsibilities, as 

well as in execution of laws enacted by the Congress. Consistent with this 

historical practice, this directive articulates principles to guide why, whether, 

when, and how the United States conducts signals intelligence activities for 

authorized foreign intelligence and counterintelligence purposes.3

SECTION 1. PRINCIPLES GOVERNING THE COLLECTION OF SIGNALS 

INTELLIGENCE.

Signals intelligence collection shall be authorized and conducted consistent with 

the following principles: 

(a) The collection of signals intelligence shall be authorized by statute or 

Executive Order, proclamation, or other Presidential directive, and 

undertaken in accordance with the Constitution and applicable statutes, 

Executive Orders, proclamations, and Presidential directives. 

(b) Privacy and civil liberties shall be integral considerations in the 

planning of U.S. signals intelligence activities. The United States shall 

not collect signals intelligence for the purpose of suppressing or 

burdening criticism or dissent, or for disadvantaging persons based on 

their ethnicity, race, gender, sexual orientation, or religion. Signals 

intelligence shall be collected exclusively where there is a foreign 

intelligence or counterintelligence purpose to support national and 

departmental missions and not for any other purposes. 

(c) The collection of foreign private commercial information or trade 

secrets is authorized only to protect the national security of the United 

States or its partners and allies. It is not an authorized foreign 

intelligence or counterintelligence purpose to collect such information to 

afford a competitive advantage4 to U.S. companies and U.S. business 

sectors commercially. 

 3 Unless otherwise specified, this directive shall apply to signals intelligence activities conducted in 

order to collect communications or information about communications, except that it shall not 

apply to signals intelligence activities undertaken to test or develop signals intelligence capabilities.

4 Certain economic purposes, such as identifying trade or sanctions violations or government 

influence or direction, shall not constitute competitive advantage.
PRESIDENTIAL POLICY DIRECTIVE 28

823

(d) Signals intelligence activities shall be as tailored as feasible. In 

determining whether to collect signals intelligence, the United States 

shall consider the availability of other information, including from 

diplomatic and public sources. Such appropriate and feasible alternatives 

to signals intelligence should be prioritized. 

SEC. 2. LIMITATIONS ON THE USE OF SIGNALS INTELLIGENCE COLLECTED IN 

BULK.

Locating new or emerging threats and other vital national security information is 

difficult, as such information is often hidden within the large and complex 

system of modern global communications. The United States must consequently 

collect signals intelligence in bulk5 in certain circumstances in order to identify 

these threats. Routine communications and communications of national security 

interest increasingly transit the same networks, however, and the collection of 

signals intelligence in bulk may consequently result in the collection of 

information about persons whose activities are not of foreign intelligence or 

counterintelligence value. The United States will therefore impose new limits on 

its use of signals intelligence collected in bulk. These limits are intended to 

protect the privacy and civil liberties of all persons, whatever their nationality 

and regardless of where they might reside. 

In particular, when the United States collects nonpublicly available signals 

intelligence in bulk, it shall use that data only for the purposes of detecting and 

countering: (1) espionage and other threats and activities directed by foreign 

powers or their intelligence services against the United States and its interests; 

(2) threats to the United States and its interests from terrorism; (3) threats to the 

United States and its interests from the development, possession, proliferation, or 

use of weapons of mass destruction; (4) cybersecurity threats; (5) threats to U.S. 

or allied Armed Forces or other U.S or allied personnel; and (6) transnational 

criminal threats, including illicit finance and sanctions evasion related to the 

other purposes named in this section. In no event may signals intelligence 

collected in bulk be used for the purpose of suppressing or burdening criticism or 

dissent; disadvantaging persons based on their ethnicity, race, gender, sexual 

orientation, or religion; affording a competitive advantage to U.S. companies and 

 5 The limitations contained in this section do not apply to signals intelligence data that is 

temporarily acquired to facilitate targeted collection. References to signals intelligence collected in 

“bulk” mean the authorized collection of large quantities of signals intelligence data which, due to 

technical or operational considerations, is acquired without the use of discriminants (e.g., specific 

identifiers, selection terms, etc.). 
PRESIDENTIAL POLICY DIRECTIVE 28

824

U.S. business sectors commercially; or achieving any purpose other than those 

identified in this section. 

The Assistant to the President and National Security Advisor (APNSA), in 

consultation with the Director of National Intelligence (DNI), shall coordinate, 

on at least an annual basis, a review of the permissible uses of signals 

intelligence collected in bulk through the National Security Council Principals 

and Deputies Committee system identified in PPD-1 or any successor document. 

At the end of this review, I will be presented with recommended additions to or 

removals from the list of the permissible uses of signals intelligence collected in 

bulk. 

The DNI shall maintain a list of the permissible uses of signals intelligence 

collected in bulk. This list shall be updated as necessary and made publicly 

available to the maximum extent feasible, consistent with the national security. 

SEC. 3. REFINING THE PROCESS FOR COLLECTING SIGNALS INTELLIGENCE.

U.S. intelligence collection activities present the potential for national security 

damage if improperly disclosed. Signals intelligence collection raises special 

concerns, given the opportunities and risks created by the constantly evolving 

technological and geopolitical environment; the unique nature of such collection 

and the inherent concerns raised when signals intelligence can only be collected 

in bulk; and the risk of damage to our national security interests and our law 

enforcement, intelligence-sharing, and diplomatic relationships should our 

capabilities or activities be compromised. It is, therefore, essential that national 

security policymakers consider carefully the value of signals intelligence 

activities in light of the risks entailed in conducting these activities. 

To enable this judgment, the heads of departments and agencies that participate 

in the policy processes for establishing signals intelligence priorities and 

requirements shall, on an annual basis, review any priorities or requirements 

identified by their departments or agencies and advise the DNI whether each 

should be maintained, with a copy of the advice provided to the APNSA. 

Additionally, the classified Annex to this directive, which supplements the 

existing policy process for reviewing signals intelligence activities, affirms that 

determinations about whether and how to conduct signals intelligence activities
PRESIDENTIAL POLICY DIRECTIVE 28

825

must carefully evaluate the benefits to our national interests and the risks posed 

by those activities.6

SEC. 4. SAFEGUARDING PERSONAL INFORMATION COLLECTED THROUGH 

SIGNALS INTELLIGENCE.

All persons should be treated with dignity and respect, regardless of their 

nationality or wherever they might reside, and all persons have legitimate privacy 

interests in the handling of their personal information.7 U.S. signals intelligence 

activities must, therefore, include appropriate safeguards for the personal 

information of all individuals, regardless of the nationality of the individual to 

whom the information pertains or where that individual resides.8

(a) POLICIES AND PROCEDURES. The DNI, in consultation with the 

Attorney General, shall ensure that all elements of the IC establish 

policies and procedures that apply the following principles for 

safeguarding personal information collected from signals intelligence 

activities. To the maximum extent feasible consistent with the national 

security, these policies and procedures are to be applied equally to the 

personal information of all persons, regardless of nationality:9

 6 Section 3 of this directive, and the directive’s classified Annex, do not apply to (1) signals 

intelligence activities undertaken by or for the Federal Bureau of Investigation in support of 

predicated investigations other than those conducted solely for purposes of acquiring foreign 

intelligence; or (2) signals intelligence activities undertaken in support of military operations in an 

area of active hostilities, covert action, or human intelligence operations.

7 Departments and agencies shall apply the term “personal information” in a manner that is 

consistent for U.S. persons and non-U.S. persons. Accordingly, for the purposes of this directive, 

the term “personal information” shall cover the same types of information covered by “information 

concerning U.S. persons” under section 2.3 of Executive Order 12333. 

8 The collection, retention, and dissemination of information concerning “United States persons” is 

governed by multiple legal and policy requirements, such as those required by the Foreign 

Intelligence Surveillance Act and Executive Order 12333. For the purposes of this directive, the 

term “United States person” shall have the same meaning as it does in Executive Order 12333. 

9 The policies and procedures of affected elements of the IC shall also be consistent with any 

additional IC policies, standards, procedures, and guidance the DNI, in coordination with the 

Attorney General, the heads of IC elements, and the heads of any other departments containing 

such elements, may issue to implement these principles. This directive is not intended to alter the 

rules applicable to U.S. persons in Executive Order 12333, the Foreign Intelligence Surveillance 

Act, or other applicable law. 
PRESIDENTIAL POLICY DIRECTIVE 28

826

i. MINIMIZATION. The sharing of intelligence that contains 

personal information is necessary to protect our national security 

and advance our foreign policy interests, as it enables the United 

States to coordinate activities across our government. At the 

same time, however, by setting appropriate limits on such 

sharing, the United States takes legitimate privacy concerns into 

account and decreases the risks that personal information will be 

misused or mishandled. Relatedly, the significance to our 

national security of intelligence is not always apparent upon an 

initial review of information: intelligence must be retained for a 

sufficient period of time for the IC to understand its relevance 

and use it to meet our national security needs. However, longterm storage of personal information unnecessary to protect our 

national security is inefficient, unnecessary, and raises legitimate 

privacy concerns. Accordingly, IC elements shall establish 

policies and procedures reasonably designed to minimize the 

dissemination and retention of personal information collected 

from signals intelligence activities. 

• DISSEMINATION: Personal information shall be disseminated 

only if the dissemination of comparable information 

concerning U.S. persons would be permitted under section 

2.3 of Executive Order 12333. 

• RETENTION: Personal information shall be retained only if 

the retention of comparable information concerning U.S. 

persons would be permitted under section 2.3 of Executive 

Order 12333 and shall be subject to the same retention 

periods as applied to comparable information concerning 

U.S. persons. Information for which no such determination 

has been made shall not be retained for more than 5 years, 

unless the DNI expressly determines that continued retention 

is in the national security interests of the United States. 

Additionally, within 180 days of the date of this directive, the 

DNI, in coordination with the Attorney General, the heads of 

other elements of the IC, and the heads of departments and 

agencies containing other elements of the IC, shall prepare a 

report evaluating possible additional dissemination and retention 

safeguards for personal information collected through signals 
PRESIDENTIAL POLICY DIRECTIVE 28

827

intelligence, consistent with technical capabilities and 

operational needs. 

ii. DATA SECURITY AND ACCESS. When our national security 

and foreign policy needs require us to retain certain intelligence, 

it is vital that the United States take appropriate steps to ensure 

that any personal information contained within that intelligence 

is secure. Accordingly, personal information shall be processed 

and stored under conditions that provide adequate protection and 

prevent access by unauthorized persons, consistent with the 

applicable safeguards for sensitive information contained in 

relevant Executive Orders, proclamations, Presidential 

directives, IC directives, and associated policies. Access to such 

personal information shall be limited to authorized personnel 

with a need to know the information to perform their mission, 

consistent with the personnel security requirements of relevant 

Executive Orders, IC directives, and associated policies. Such 

personnel will be provided appropriate and adequate training in 

the principles set forth in this directive. These persons may 

access and use the information consistent with applicable laws 

and Executive Orders and the principles of this directive; 

personal information for which no determination has been made 

that it can be permissibly disseminated or retained under section 

4(a)(i) of this directive shall be accessed only in order to make 

such determinations (or to conduct authorized administrative, 

security, and oversight functions). 

iii. DATA QUALITY. IC elements strive to provide national 

security policymakers with timely, accurate, and insightful 

intelligence, and inaccurate records and reporting can not only 

undermine our national security interests, but also can result in 

the collection or analysis of information relating to persons 

whose activities are not of foreign intelligence or 

counterintelligence value. Accordingly, personal information 

shall be included in intelligence products only as consistent with 

applicable IC standards for accuracy and objectivity, as set forth 

in relevant IC directives. Moreover, while IC elements should 

apply the IC Analytic Standards as a whole, particular care 

should be taken to apply standards relating to the quality and 

reliability of the information, consideration of alternative sources 
PRESIDENTIAL POLICY DIRECTIVE 28

828

of information and interpretations of data, and objectivity in 

performing analysis. 

iv. OVERSIGHT. The IC has long recognized that effective 

oversight is necessary to ensure that we are protecting our 

national security in a manner consistent with our interests and 

values. Accordingly, the policies and procedures of IC elements, 

and departments and agencies containing IC elements, shall 

include appropriate measures to facilitate oversight over the 

implementation of safeguards protecting personal information, to 

include periodic auditing against the standards required by this 

section. 

The policies and procedures shall also recognize and facilitate 

the performance of oversight by the Inspectors General of IC 

elements, and departments and agencies containing IC elements, 

and other relevant oversight entities, as appropriate and 

consistent with their responsibilities. When a significant 

compliance issue occurs involving personal information of any 

person, regardless of nationality, collected as a result of signals 

intelligence activities, the issue shall, in addition to any existing 

reporting requirements, be reported promptly to the DNI, who 

shall determine what, if any, corrective actions are necessary. If 

the issue involves a non-United States person, the DNI, in 

consultation with the Secretary of State and the head of the 

notifying department or agency, shall determine whether steps 

should be taken to notify the relevant foreign government, 

consistent with the protection of sources and methods and of 

U.S. personnel. 

(b) UPDATE AND PUBLICATION. Within 1 year of the date of this 

directive, IC elements shall update or issue new policies and procedures 

as necessary to implement section 4 of this directive, in coordination 

with the DNI. To enhance public understanding of, and promote public 

trust in, the safeguards in place to protect personal information, these 

updated or newly issued policies and procedures shall be publicly 

released to the maximum extent possible, consistent with classification 

requirements. 

(c) PRIVACY AND CIVIL LIBERTIES POLICY OFFICIAL. To help ensure that 

the legitimate privacy interests all people share related to the handling of 
PRESIDENTIAL POLICY DIRECTIVE 28

829

their personal information are appropriately considered in light of the 

principles in this section, the APNSA, the Director of the Office of 

Management and Budget (OMB), and the Director of the Office of 

Science and Technology Policy (OSTP) shall identify one or more senior 

officials who will be responsible for working with the DNI, the Attorney 

General, the heads of other elements of the IC, and the heads of 

departments and agencies containing other elements of the IC, as 

appropriate, as they develop the policies and procedures called for in this 

section. 

(d) COORDINATOR FOR INTERNATIONAL DIPLOMACY. The Secretary of 

State shall identify a senior official within the Department of State to 

coordinate with the responsible departments and agencies the United 

States Government’s diplomatic and foreign policy efforts related to 

international information technology issues and to serve as a point of 

contact for foreign governments who wish to raise concerns regarding 

signals intelligence activities conducted by the United States. 

SEC. 5. REPORTS.

(a) Within 180 days of the date of this directive, the DNI shall provide a status 

report that updates me on the progress of the IC’s implementation of section 4 of 

this directive. 

(b) The Privacy and Civil Liberties Oversight Board is encouraged to provide me 

with a report that assesses the implementation of any matters contained within 

this directive that fall within its mandate. 

(c) Within 120 days of the date of this directive, the President’s Intelligence 

Advisory Board shall provide me with a report identifying options for assessing 

the distinction between metadata and other types of information, and for 

replacing the “need-to-share” or “need-to-know” models for classified 

information sharing with a Work-Related Access model. 

(d) Within 1 year of the date of this directive, the DNI, in coordination with the 

heads of relevant elements of the IC and OSTP, shall provide me with a report 

assessing the feasibility of creating software that would allow the IC more easily 

to conduct targeted information acquisition rather than bulk collection. 

SEC. 6. GENERAL PROVISIONS.

(a) Nothing in this directive shall be construed to prevent me from exercising my 

constitutional authority, including as Commander in Chief, Chief Executive, and 

in the conduct of foreign affairs, as well as my statutory authority. Consistent 

with this principle, a recipient of this directive may at any time recommend to 
PRESIDENTIAL POLICY DIRECTIVE 28

830

me, through the APNSA, a change to the policies and procedures contained in 

this directive. 

(b) Nothing in this directive shall be construed to impair or otherwise affect the 

authority or responsibility granted by law to a United States Government 

department or agency, or the head thereof, or the functions of the Director of 

OMB relating to budgetary, administrative, or legislative proposals. This 

directive is intended to supplement existing processes or procedures for 

reviewing foreign intelligence or counterintelligence activities and should not be 

read to supersede such processes and procedures unless explicitly stated. 

(c) This directive shall be implemented consistent with applicable U.S. law and 

subject to the availability of appropriations. 

(d) This directive is not intended to, and does not, create any right or benefit, 

substantive or procedural, enforceable at law or in equity by any party against the 

United States, its departments, agencies, or entities, its officers, employees, or 

agents, or any other person. 
INTELLIGENCE SHARING PROCEDURES FOR 

FI AND FCI CONDUCTED BY THE FBI

831

INTELLIGENCE SHARING PROCEDURES FOR FOREIGN

INTELLIGENCE AND FOREIGN COUNTERINTELLIGENCE 

INVESTIGATIONS CONDUCTED BY THE 

FEDERAL BUREAU OF INVESTIGATION

–––––––––

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 Intelligence and 

Foreign Counterintelligence Investigations Conducted by the FBI

I. INTRODUCTION AND STATEMENT OF GENERAL PRINCIPLES

Unless otherwise specified by the Attorney General, these procedures apply 

to foreign intelligence (FI) and foreign counterintelligence (FCI) investigations 

conducted by the Federal Bureau of Investigations (FBI). They are designed to 

ensure that FI and FCI investigations are conducted lawfully, particularly in light 

of requirements imposed by the Foreign Intelligence Surveillance Act (FISA), 

and to promote the effective coordination and performance of the criminal and 

counterintelligence functions of the Department of Justice (DOJ). These 

procedures supersede the procedures adopted by the Attorney General on July 19, 

1995 (including the annex concerning the Southern District of New York), the 

interim measures approved by the Attorney General on January 21, 2000, and the 

memorandum issued by the Deputy Attorney General on August 6, 2001. Terms 

used in these procedures shall be interpreted in keeping with definitions 

contained in FISA. References in these procedures to particular positions or 

components within the Department of Justice shall apply to any successor 

position or component.
INTELLIGENCE SHARING PROCEDURES FOR 

FI AND FCI CONDUCTED BY THE FBI

832

Prior to the USA Patriot Act, FISA could be used only for the “primary 

purpose” of obtaining “foreign intelligence information.” The term “foreign 

intelligence information” was and is defined to include information that is 

necessary, or relevant, to the ability of the United Sates to protect against foreign 

threats to national security, such as attack, sabotage, terrorism, or clandestine 

intelligence activities. See 50 U.S.C. § 1801(e)(1). Under the primary purpose 

standard, the government could have a significant law enforcement purpose for 

using FISA, but only if it was subordinate to the primary foreign intelligence 

purpose. The USA PATRIOT Act allows FISA to be used for “a significant 

purpose,” rather than the primary purpose, of obtaining foreign intelligence 

information. Thus, it allows FISA to be used primarily for a law enforcement 

purpose, as long as a significant foreign intelligence purpose remains. See U.S.C. 

§ 1804(a)(7)(B), 1823(a)(7)(B).

The Act also expressly authorizes intelligence officers who are using FISA to 

“consult” with federal law enforcement officers to “coordinate efforts to 

investigate or protect against” foreign threats to national security. Under this 

authority, intelligence and law enforcement officers may exchange a full range of 

information and advice concerning such efforts in FI or FCI investigations, 

including information and advice designed to preserve or enhance the possibility 

of a criminal prosecution. The USA Patriot Act provides that such consultation 

between intelligence and law enforcement officers “shall not” preclude the 

government’s certification of a significant foreign intelligence purpose or the 

issuance of a FISA warrant. See 50 U.S.C. §§ 1806(k), 1825(k).

Consistent with the USA Patriot Act and with standards of effective 

management, all relevant DOJ components, including the Criminal Division, the 

relevant United States Attorney’s Offices (USAOs), and the Office of 

Intelligence Policy and Review (OIPR), must be fully informed about the nature, 

scope, and conduct of all full field FI and FCI investigations, whether or not 

those investigations involve the use of FISA. Correspondingly, the Attorney 

General can most effectively direct and control such FI and FCI investigation 

only if all relevant DOJ components are free to offer advice and make 

recommendations, both strategic and tactical, about the conduct and goals of the 

investigations. The overriding need to protect the national security from foreign 

threats compels a full and free exchange of information and ideas.
INTELLIGENCE SHARING PROCEDURES FOR 

FI AND FCI CONDUCTED BY THE FBI

833

II. INTELLIGENCE SHARING PROCEDURES CONCERNING 

THE CRIMINAL DIVISION

(A) DISSEMINATING INFORMATION.

The Criminal Division and OIPR shall have access to all information 

developed in full field FI and FCI investigations except as limited by orders 

issued by the Foreign Intelligence Surveillance Court, controls imposed by the 

originator of sensitive material, and restrictions established by the Attorney 

General or the Deputy Attorney General in particular cases. See 50 U.S.C 

§§1801 (h), 1806 (a), 1825 (a).

The FBI shall keep the Criminal Division and OIPR apprised of all 

information developed in full field FI and FCI investigations that is necessary to 

the ability of the United States to investigate or protect against foreign attack, 

sabotage, terrorism, and clandestine intelligence activities, subject to the limits 

set forth above. Relevant information includes both foreign intelligence 

information and information concerning a crime which has been, is being, or is 

about to be committed. The Criminal Division and OIPR must have access to this 

information to ensure the ability of the United States to coordinate efforts to 

investigate and protect against foreign threats to national security, including 

protection against such threats through criminal investigation and prosecution, 

and in keeping with the need of the United States to obtain, produce, and 

disseminate foreign intelligence information. See 50 U.S.C. §§ 1801(h)(1), 

1806(k), 1825(k).

The FBI shall also keep the Criminal Division and OIPR apprised of 

information developed in full field FI and FCI investigations that concerns any 

crime which has been, is being, or is about to be committed. See U.S.C §

1801(h)(3).

As part of its responsibility under the preceding paragraphs, the FBI shall 

provide to the Criminal Division and OIPR copies of annual Letterhead 

Memoranda (or successor summary documents) in all full field FI and FCI 

investigation, and shall make available to the Criminal Division and OIPR 

relevant information from investigative files, as appropriate. The Criminal 

Division shall adhere to any reasonable conditions on the storage and disclosure 

of such documents and information that the FBI or OIPR may require.
INTELLIGENCE SHARING PROCEDURES FOR 

FI AND FCI CONDUCTED BY THE FBI

834

All information acquired pursuant to a FISA electronic surveillance or 

physical search that is disseminated to the Criminal Division shall be 

accompanied by a statement that such information, or any information derived 

therefrom, may only be used in any criminal proceeding (including search and 

arrest warrant affidavits and grand jury subpoenas and proceedings) with the 

advance authorization of the Attorney General. See 50 U.S.C. §§ 1806(b), 

1825(c).

(B) PROVIDING ADVICE.

The FBI, the Criminal Division, and OIPR shall consult with one another 

concerning full field FI and FCI investigations except as limited by these 

procedures, orders issued by the Foreign Intelligence Surveillance Court, and 

restrictions established by the Attorney General or the Deputy Attorney General 

in particular cases.

Consultations may include the exchange of advice and recommendations on 

all issues necessary to the ability of the United States to investigate or protect 

against foreign attack, sabotage, terrorism, and clandestine intelligence activities, 

including protection against the foregoing through criminal investigations and 

prosecution, subject to the limits set forth above. Relevant issues include, but are 

not limited to, the strategy and goals for the investigation; the law enforcement 

and intelligence methods to be used in conducting the investigation; the 

interaction between intelligence and law enforcement components as part of the 

investigation; and the initiation, operation, continuation, or expansion of FISA 

searches or surveillance. Such consultations are necessary to the ability of the 

United States to coordinate efforts to investigate and protect against foreign 

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 conduct 

consultations. Consultations may also be conducted directly between two or more 

components at any time. Disagreements arising from consultations may be 

presented to the Deputy Attorney General or the Attorney General for resolution.

III.INTELLIGENCE SHARING PROCEDURES CONCERNING A USAO

With respect to FI or FCI investigation involving international terrorism, the 

relevant USAOs shall receive information and engage in consultations to the 

same extent as the Criminal Division under Parts II.A and II.B of these 

procedures. Thus, the relevant USAOs shall have access to information 
INTELLIGENCE SHARING PROCEDURES FOR 

FI AND FCI CONDUCTED BY THE FBI

835

developed in full field investigations, shall be kept apprised of information 

necessary to protect national security, shall be kept apprised of information 

concerning crimes, shall receive copies of LHMs or successor summary 

documents, and shall have access to the FBI files to the same extent as the 

Criminal Division. The relevant USAOs shall receive such information and 

access from the FBI field offices. The relevant USAOs also may and shall engage 

in regular consultations with the FBI and OIPR to the same extent as the 

Criminal Division.

With respect to FI or FCI investigations involving espionage, the Criminal 

Division shall, as appropriate, authorize the dissemination of information to a 

USAO, and shall also, as appropriate, authorize consultations between the FBI 

and a USAO, subject to the limits set forth in Parts II.A and II.B of these 

procedures. In an emergency, the FBI may disseminate information to, and 

consult with, a United States Attorney’s Office concerning an espionage 

investigation without the approval of the Criminal Division, but shall notify the 

Criminal Division as soon as possible after the fact.

All information disseminated to a USAO pursuant to these procedures, 

whether or not the information is derived from FISA and whether or not it 

concerns a terrorism or espionage investigation, shall be disseminated only to the 

United States Attorney (USA) and/or any Assistant United States Attorneys 

(AUSUAs) designated to the Department of Justice by the USA as points of 

contact to receive such information. The USAs and the designated AUSAs shall 

have appropriate security clearances and shall receive training in the handling of 

classified information and information derived from FISA, including training 

concerning restrictions on the use and dissemination of such information.

Except in an emergency, where circumstances preclude the opportunity of 

consultation, the USAOs shall take no action on the information disseminated 

pursuant to these procedures without consulting with the Criminal Division and 

OIPR. The term “action” is defined to include the use of such information in any 

criminal proceeding (including search and arrest warrant affidavits and grand 

jury subpoenas and proceedings), and the disclosure of such information to a 

court or to any non-government personnel. See also U.S. Attorney’s Manual §§9-

2.136, 9-90.020. Disagreements arising from consultations pursuant to this 

paragraph may be presented to the Deputy Attorney General or the Attorney 

General for resolution.
INTELLIGENCE SHARING PROCEDURES FOR 

FI AND FCI CONDUCTED BY THE FBI

836

All information acquired pursuant to a FISA electronic surveillance or 

physical search that is disseminated to a USAO shall be accompanied by a 

statement that such information, or any information derived therefrom, may only 

be used in any criminal proceeding (including search and arrest warrant affidavits 

and grand jury subpoenas and proceedings) with the advance authorization of the 

Attorney General. See 50 U.S.C. §§ 1806(b), 1835(c). Whenever a USAO 

requests authority from Attorney General to use such information in a criminal 

proceeding, it shall simultaneously notify the Criminal Division.
ATTORNEY GENERAL’S GUIDELINES REGARDING DISCLOSURE OF FOREIGN 

INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION 

837

GUIDELINES REGARDING DISCLOSURE TO THE DIRECTOR OF 

CENTRAL INTELLIGENCE AND HOMELAND SECURITY OFFICIALS 

OF FOREIGN INTELLIGENCE ACQUIRED IN THE COURSE OF A 

CRIMINAL INVESTIGATION

–––––––––

OFFICE OF THE ATTORNEY GENERAL

WASHINGTON, DC 20530

September 23, 2002

MEMORANDUM FOR HEADS OF DEPARTMENT OF JUSTICE 

COMPONENTS AND HEADS OF FEDERAL DEPARTMENTS 

AND AGENCIES WITH LAW ENFORCEMENT 

RESPONSIBILITIES

FROM: The Attorney General -/S/-John Ashcroft

SUBJECT: Guidelines Regarding Disclosure to the Director of Central 

Intelligence and Homeland Security Officials of Foreign 

Intelligence Acquired in the course of a Criminal Investigation

BACKGROUND

The Uniting and Strengthening America by Providing Appropriate Tools 

Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, 

Pub. L. 107-56, 115 Stat. 272, 389, enacted into law certain requirements for the 

sharing of information by Federal law enforcement agencies with the intelligence 

community. Specifically, section 905(a) of the USA PATRIOT Act provides that 

“the Attorney General, or the head of any other department or agency of the 

Federal Government with law enforcement responsibilities, shall expeditiously 

disclose to the Director of Central Intelligence, pursuant to guidelines developed 

by the Attorney General in consultation with the Director, foreign intelligence 

acquired by an element of the Department of Justice or an element of such 

department or agency, as the case may be, in the course of a criminal 

investigation.”

Since the enactment of the USA PATRIOT Act, federal law enforcement 

agencies have taken steps to improve existing channels of communication with 

the intelligence community and certain offices relating to homeland security 

(collectively, “Receiving Agencies”) in order to share foreign intelligence 
ATTORNEY GENERAL’S GUIDELINES REGARDING DISCLOSURE OF FOREIGN 

INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION 

838

acquired in the course of criminal investigations. The purpose of these guidelines 

is to formalize a framework pursuant to section 905(a) of the USA PATRIOT 

Act that will facilitate and increase to the fullest extent possible the continued 

expeditious sharing of such information. The procedures established by these 

guidelines for the sharing of information between components of the Department 

of Justice or other departments and agencies having law enforcement 

responsibilities with Recipients (as defined below) are not, however, intended to 

replace or supersede existing operational or information sharing mechanisms 

between Federal law enforcement agencies and Receiving Agencies. As 

appropriate, those relationships should continue to be used to the fullest extent 

possible.

Heads of Department of Justice components and heads of other 

departments and agencies of the Federal government having law enforcement

responsibility shall distribute these guidelines within their respective 

departments, components and agencies, as appropriate, to ensure prompt and 

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 elements of the 

Department of Justice having criminal investigative or prosecutorial 

responsibilities and to all other departments and agencies of the Federal 

government having law enforcement responsibilities (hereinafter, collectively, 

“Federal Law Enforcement Agencies”). These guidelines do not apply to 

agencies that provide support to criminal investigations, but that do not 

themselves conduct criminal investigations (e.g., the Department of Treasury’s 

Office of Foreign Assets Control and Financial Crimes Enforcement Network).

(2) LAW ENFORCEMENT INFORMATION SUBJECT TO MANDATORY DISCLOSURE.

Subject to any exceptions established by the Attorney General in consultation 

with the Director of Central Intelligence (the “Director”) and Assistant to the 

President for Homeland Security, section 905(a) and these guidelines require 

expeditious disclosure to the Director, the Assistant to the President for 

Homeland Security or other members of the U.S. intelligence community or 

homeland security agencies as are designated under paragraph 4, infra, of foreign 

intelligence acquired in the course of a criminal investigation conducted by 

Federal Law Enforcement Agencies.

(a) As used herein, the term “foreign intelligence” is defined in section 3 

of the National Security Act of 1947 (50 U.S.C. § 401a) as: “information 

relating to the capabilities, intentions, or activities of foreign 
ATTORNEY GENERAL’S GUIDELINES REGARDING DISCLOSURE OF FOREIGN 

INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION 

839

governments or elements thereof, foreign organizations, or foreign 

persons, or international terrorist activities.”

(b) The term “section 905(a) information” means foreign intelligence 

acquired in the course of a criminal investigation.

(c) Section 203(d) of the USA PATRIOT Act, provides that: 

“Notwithstanding any other law, it shall be lawful for foreign 

intelligence or counterintelligence (as defined in section 3 of the National 

Security Act of 1947 (50 U.S.C §401a)) or foreign intelligence 

information obtained as part of a criminal investigation to be disclosed to 

any Federal law enforcement, intelligence, protective, immigration, 

national defense, or national security official in order to assist the official 

receiving that information in the performance of his official duties.”

Thus, no other Federal or state law operates to prevent the sharing of 

such information so long as disclosure of such information will assist the 

Director and the Assistant to the President for Homeland Security in the 

performance of their official duties, and Federal Law Enforcement 

Agencies shall, notwithstanding any other law, expeditiously disclose to 

the Recipients (as defined below) section 905(a) information.

(3) TRAINING. Pursuant to section 908 of the USA PATRIOT Act, the 

Department of Justice, in consultation with the Director, the Assistant to the 

President for Homeland Security, and other Federal Law Enforcement Agencies, 

will develop a training curriculum and program to ensure that law enforcement 

officials receive sufficient training to identify foreign intelligence subject to the 

disclosure requirements under these guidelines.

(4) ENTITIES TO WHOM DISCLOSURE SHALL BE MADE. The Director, in 

consultation with the Assistant to the President for Homeland Security, shall 

promptly advise the Attorney General of his designations of appropriate offices, 

entities and/or officials of Receiving Agencies to receive the disclosure of section 

905(a) information not covered by an established operational or information 

sharing mechanism. Said designees, together with the Director and the Assistant 

to the President for Homeland Security and all offices, entities, or individuals 

covered by such an established mechanism, are collectively referred to herein as 

the “Recipients.” The Director, in consultation with the Assistant to the President 

for Homeland Security, shall ensure that sufficient Recipients are identified to 

facilitate expeditious sharing and handling of section 905(a) information.

(5) METHODS FOR DISCLOSURE OF SECTION 905(A) INFORMATION. Subject only 

to any exceptions that may be established pursuant to paragraph 9(a), infra, all 

section 905(a) information shall be shared as expeditiously as possible with one 

or more of the Recipients. The procedures established in this paragraph may be 

supplemented by more detailed definitions and protocols disseminated to 
ATTORNEY GENERAL’S GUIDELINES REGARDING DISCLOSURE OF FOREIGN 

INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION 

840

appropriate law enforcement, intelligence, and homeland security officials in 

classified or confidential form.

(a) TERRORISM OR WEAPONS OF MASS DESTRUCTION (WMD)

INFORMATION. Federal law enforcement officials shall disclose 

immediately to one or more Recipients information which they 

reasonably believe relates to a potential terrorism or WMD threat to the 

United States homeland, its critical infrastructure, key resources (whether 

physical or electronic), or to United States persons or interests 

worldwide. Other terrorism or WMD information, as defined by section 

5(a)(i) and (ii), shall be disclosed to one or more Recipients as 

expeditiously as possible. In all cases, the official shall disclose such 

information with the understood priorities of disrupting terrorist plans, 

preventing terrorists’ attacks, and preserving the lives of United States 

persons. Disclosure may be made through one or more of the following: 

existing field-level operational or information sharing mechanisms, 

including a Joint Terrorism Task Force (JTTF); existing headquarters 

operational or information sharing mechanisms; or when the officer 

reasonably believes that time does not permit the use of any such 

established mechanisms, any other field level or other mechanism 

intended to facilitate immediate action, response or other efforts to 

address such threats.

As soon as possible after any disclosure under the preceding paragraph, 

the disclosing official shall notify the relevant JTTF of the disclosure. 

The JTTF shall, as appropriate, keep the relevant Anti-Terrorism Task 

Force (ATTF) apprised of the nature of the information disclosed. The 

relevant ATTF shall, in turn, apprise the Department of Justice Criminal 

Division’s Terrorism and Violent Crime Section (TVCS). Where 

information is disclosed by the headquarters of the relevant Federal Law 

Enforcement Agency, the headquarters shall, as soon as practicable and 

to the extent reasonable, notify TVCS of all disclosures. Federal agencies 

may require additional notification procedures where appropriate.

For purposes of these guidelines, “terrorism information” and “weapons 

of mass destruction information” are defined as follows:

TERRORISM INFORMATION: All information relating to the 

existence, organization, capabilities, plans, intentions, 

vulnerabilities, means of finance or material support, or activities 

of foreign or international terrorist groups or individuals or threats 

posed by such groups or individuals to the United States, United 
ATTORNEY GENERAL’S GUIDELINES REGARDING DISCLOSURE OF FOREIGN 

INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION 

841

States persons, or United States interests, or to those of other 

nations, or to communications between such groups or individuals, 

or information relating to groups or individuals reasonably 

believed to be assisting or associated with them.

WEAPONS OF MASS DESTRUCTION (WMD) INFORMATION: All 

information relating to conventional explosive weapons and nonconventional weapons capable of causing mass casualties and 

damage, including chemical, biological, radiological and nuclear 

agents and weapons and the means of delivery of such weapons.

(b) ALL OTHER SECTION 905(A) INFORMATION. In consultation with the 

Department of Justice and the Director, Federal Law Enforcement 

Agencies shall develop (or continue to follow existing) protocols (which 

may be classified or confidential) to provide for the expeditious sharing 

of section 905(a) information concerning all other subjects.

(c) CONSULTATION WITH RESPECT TO TITLE III AND GRAND JURY 

MATERIALS. Except as to section 905(a) information related to a 

potential terrorism or WMD threat, disclosure of 905(a) information will 

be accomplished in consultation with the prosecuting official assigned to 

the case if: (i) the information was developed through investigatory 

activities occurring after a particular investigation has been referred 

formally to the Department of Justice for prosecution; and (ii) the 

information was produced by an electronic, wire, or oral interception or 

solely as a result of a grand jury subpoena or testimony occurring before 

a grand jury receiving information concerning the particular 

investigation. This consultation may be the basis for identifying 

appropriate use restrictions or for seeking an exception to the section 

905(a) disclosure requirements as set forth in paragraph 9, infra. 

Consultation shall be accomplished expeditiously, and any resulting 

disclosure shall occur no later than 48 hours after the prosecutor is 

initially notified. Section 905(a) information that a Federal law 

enforcement official reasonably believes is related to a potential 

terrorism or WMD threat, including information received from an 

electronic, wire, or oral interception or as a result of a grand jury 

subpoena or testimony occurring before a grand jury, shall be 

immediately disclosed by the Federal law enforcement official using the 

mechanisms described in paragraph 5(a), supra, and without need for 

advance consultation with the prosecuting official responsible for the 

case. Contemporaneously or as soon after making the disclosure as 

possible, the Federal law enforcement official shall notify the 
ATTORNEY GENERAL’S GUIDELINES REGARDING DISCLOSURE OF FOREIGN 

INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION 

842

prosecuting official responsible for the case in order to facilitate notice to 

the court, if necessary or appropriate.

(6) REQUESTS FOR ADDITIONAL INFORMATION AND AMPLIFICATION ON INITIAL 

DISCLOSURE.

(a) Initial disclosure of section 905(a) information to Recipients shall be 

accomplished automatically and without specific prior request to the 

disclosing department, component, or agency.

(b) Requests by any Recipient for additional information or for 

clarification or amplification related to the initial disclosure should be 

coordinated, as applicable, through the component that provided the 

initial information or the designated headquarters office of the relevant 

Federal law enforcement agency.

(7) DISCLOSURE OF GRAND JURY AND ELECTRONIC, WIRE, AND ORAL 

INTERCEPTION INFORMATION.

(a) Sections 203(a) and (b) of the USA PATRIOT Act permit the 

disclosure of federal grand jury information and electronic, wire and oral 

interception information to specified recipients for specified purposes 

(hereinafter “section 203 information”).

(b) Where section 203 information is shared pursuant to Paragraph 5, 

notice of such disclosures shall be promptly provided to the Office of 

Enforcement Operations (OEO) of the Department of Justice, Criminal 

Division. OEO shall establish appropriate record keeping procedures to 

ensure compliance with notice requirements related to the disclosure of 

grand jury information pursuant to section 203.

(c) The USA PATRIOT Act requires special procedures for the 

disclosure of section 203 information that identifies United States 

persons. The Federal law enforcement agency disclosing section 203 

information pursuant to these guidelines shall observe the procedures 

established by the Attorney General for disclosing such information that 

identifies a United States person. A copy of the section 203 United States 

person information procedures is attached as Appendix B.

(d) By these guidelines the special procedures that were established 

pursuant to section 203(c) are made applicable to all section 905(a) 

disclosures of information that identify a United States person.

(8) INFORMATION USE RESTRICTIONS.

(a) In the absence of any significant law enforcement interests, as 

identified below in paragraph 8(b), necessitating the imposition of use 

restrictions, Federal Law Enforcement Agencies shall disclose section 

905(a) information to Recipients pursuant to these guidelines free of any 

originator controls or information use restrictions.
ATTORNEY GENERAL’S GUIDELINES REGARDING DISCLOSURE OF FOREIGN 

INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION 

843

(b) The originator of the section 905(a) information may impose 

appropriate use restrictions necessary to protect sensitive law 

enforcement sources and ongoing criminal investigations and 

prosecutions. The scope and duration of such restrictions, including 

caveats restricting use of the disclosed information to a particular level or 

element of the intelligence community, will be tailored to address the 

particular situation or subject matter involved.

(i) When imposed, use restrictions shall be no more restrictive than 

necessary to accomplish the desired effect.

(ii) Once imposed, use restrictions shall be reviewed periodically 

by the originator to determine whether they can be narrowed or 

lifted at the request of Recipients.

(c) Section 203 information shall be disclosed subject to any use 

restrictions necessary to comply with notice and record keeping 

requirements and to protect sensitive law enforcement sources and 

ongoing criminal investigations and prosecutions.

(9) ATTORNEY GENERAL EXCEPTIONS TO MANDATORY DISCLOSURE OF 

SECTION 905 INFORMATION.

(a) Section 905(a) expressly authorizes the Attorney General, in 

consultation with the Director, to exempt by regulation from the 

mandatory disclosure obligation one or more classes of foreign 

intelligence or foreign intelligence related to one or more targets or 

matters.

(b) Pending the development of appropriate permanent exceptions, 

exemptions from the mandatory disclosure obligation will be determined 

by the Attorney General in consultation with the Director and the 

Assistant to the President for Homeland Security on a case-by-case basis.

(c) Requests for an Attorney General exception to mandatory disclosure 

of section 905(a) information must be submitted by the department, 

component or agency head in writing with a complete description of the 

facts and circumstances giving rise to the need for an exception and why 

lesser measures such as use restrictions are not adequate.

(10) ADMINISTERING AGENT. The Assistant Attorney General of the Criminal 

Division, in consultation with affected Agencies, Offices and Divisions of the 

Department of Justice, will act as executive agent for the Attorney General in 

administering these guidelines and providing advice and assistance to Federal 

law enforcement regarding the implementation of sections 203 and 905.

(11) NO PRIVATE RIGHTS CREATED. These procedures are not intended to and do 

not create any rights, privileges, or benefits, substantive or procedural, 
ATTORNEY GENERAL’S GUIDELINES REGARDING DISCLOSURE OF FOREIGN 

INTELLIGENCE ACQUIRED IN A CRIMINAL INVESTIGATION 

844

enforceable by any party against the United States, its departments, agencies, or 

other entities, its officers or employees, or any other person

(12) EFFECTIVE IMMEDIATELY. The guidelines in this memorandum shall be 

effective immediately.

APPENDICES:

A. Extract Copy of Section 905

B. Procedures for Marking, Handling and Disclosing Information that Identifies a 

United States Person
ATTORNEY GENERAL’S GUIDELINES REGARDING REPORTS OF POSSIBLE 

CRIMINAL ACTIVITY INVOLVING FOREIGN INTELLIGENCE SOURCES 

845

GUIDELINES REGARDING PROMPT HANDLING OF REPORTS

OF POSSIBLE CRIMINAL ACTIVITY INVOLVING

FOREIGN INTELLIGENCE SOURCES

–––––––––

OFFICE OF THE ATTORNEY GENERAL

WASHINGTON, DC 20530

September 23, 2002

MEMORANDUM FOR HEADS OF DEPARTMENT COMPONENTS

FROM: The Attorney General -/S/-John Ashcroft

SUBJECT: Guidelines Regarding Prompt Handling of Reports of Possible 

Criminal Activity Involving Foreign Intelligence Sources

Section 905(b) of the Uniting and Strengthening America by Providing 

Appropriate Tools Required to Intercept and Obstruct Terrorism (USA 

PATRIOT) Act of 2001, Pub. L. 107-56, 115 Stat. 272,389, requires the Attorney 

General to develop guidelines to ensure that the Department of Justice responds 

within a reasonable period of time to reports from the intelligence community of 

possible criminal activity involving foreign intelligence sources or potential 

foreign intelligence sources. See [50 U.S.C. § 3040(b)]. This memorandum 

establishes procedures to administer the requirements of section 905 (b).

Pursuant to section 1.7(a) of Executive Order 12333; 28 U.S.C. § 535(b); 

and the 1995 Memorandum of Understanding: Reporting of Information 

Concerning Federal Crimes (“1995 MOU”) between the Department of Justice 

and members of the intelligence community (Attachment A hereto), the 

intelligence community is required, inter alia, to report to the Assistant Attorney 

General or a designated Deputy Assistant Attorney General of the Criminal 

Division information that it has collected in the performance of its intelligence 

activities concerning possible federal crimes by employees of an intelligence 

agency and violations of specified federal criminal laws by any other person. 

This reporting requirement extends to matters in which the intelligence 

community agency determines that investigation or prosecution of the matter 

“may result in a public disclosure of classified information or intelligence 

sources or methods or would jeopardize the security of ongoing intelligence 

operations.” 1995 MOU at 9.
ATTORNEY GENERAL’S GUIDELINES REGARDING REPORTS OF POSSIBLE 

CRIMINAL ACTIVITY INVOLVING FOREIGN INTELLIGENCE SOURCES 

846

Upon receipt of a report of possible criminal activity pursuant to the 

1995 MOU, the designated Deputy Assistant Attorney General shall refer the 

possible crime report to the appropriate component within the Department of 

Justice for review, including a determination of whether to commence or decline 

to commence a criminal investigation.

Section 905(b) reflects a recognition that when the possible criminal 

activities involve a foreign intelligence source or potential foreign intelligence 

source, the referring intelligence community agency may have a strong interest in 

knowing on an expedited basis whether the Department of Justice intends to 

investigate potential crimes.

Accordingly, I hereby direct that, when an intelligence community 

agency making such a possible crime report (all of which fall within the scope of 

and therefore should be made pursuant to the 1995 MOU) to the Criminal 

Division of the Department: 

(1) notifies the Assistant Attorney General or designated Deputy 

Assistant Attorney General1 that the possible crime report involves 

activity of a foreign intelligence source or potential foreign intelligence 

source; and

(2) requests an expedited determination of the Department of Justice’s 

intent to commence or decline to commence a criminal investigation, 

the designated Deputy Assistant Attorney General and/or another attorney within 

the Criminal Division or other relevant component of the Department shall 

expeditiously confer with the referring intelligence community agency about the 

possible criminal activity, the reasons for the time sensitivity, and the nature and 

extent of the intelligence equities that may be affected by a decision to 

commence or decline to commence a criminal investigation of the reported 

activity. Upon receipt of the report, the designated Deputy Assistant Attorney 

General shall determine whether immediate contact with the referring agency is 

necessary. If a need for immediate contact is not established, an appropriate 

Department attorney will be made available for an initial contact with the 

referring intelligence community agency within seven days of the receipt of the 

report requesting an expedited determination.

 1 The notification should be documented in writing, consistent with the procedures set 

forth in the 1995 Memorandum of Understanding governing the reporting by the 

intelligence community of possible criminal activity to the Department of Justice.
ATTORNEY GENERAL’S GUIDELINES REGARDING REPORTS OF POSSIBLE 

CRIMINAL ACTIVITY INVOLVING FOREIGN INTELLIGENCE SOURCES 

847

After conferencing with the referencing agency, receiving any necessary 

additional information, and consulting with other appropriate Department 

components, the Assistant Attorney General or the designated Deputy Assistant 

Attorney General of the Criminal Division or another appropriate Department 

attorney shall inform the referring agency within a reasonable period of time 

whether the Department intends to commence or decline to commence a criminal 

investigation of the conduct described in the crime report. In all cases, 

Department attorneys shall take into account any special time urgency associated 

with the intelligence community agency’s intelligence equities or the possible 

criminal activity and, if necessary, provide notice of the prosecutorial decision on 

a highly expedited basis. Except in extraordinary circumstances, the referencing 

agency should be informed within 30 days. Extraordinary circumstances 

requiring more than 30 days may include situations where the case is of unusual 

complexity or where information necessary for a prosecutorial decision is 

unavailable.

These procedures are not intended to and do not create any rights, 

privileges, or benefits, substantive or procedural, enforceable by any party 

against the United State, its departments, agencies, or other entities, its officers or 

employees, or any other person.

The guidelines in this memorandum shall be effective immediately.
INFORMATION SHARING ENVIRONMENT PRIVACY GUIDELINES 

848

GUIDELINES TO ENSURE THAT THE INFORMATION PRIVACY 

AND OTHER LEGAL RIGHTS OF AMERICANS ARE PROTECTED 

IN THE DEVELOPMENT AND USE OF THE 

INFORMATION SHARING ENVIRONMENT

1. BACKGROUND AND APPLICABILITY.

(a) BACKGROUND. Section 1016(d) of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (IRTPA) calls for the issuance of guidelines to protect 

privacy and civil liberties in the development and use of the “information sharing 

environment” (ISE). Section 1 of Executive Order 13388, Further Strengthening 

the Sharing of Terrorism Information to Protect Americans, provides that, “[t]o 

the maximum extent consistent with applicable law, agencies shall ... give the 

highest priority to ... the interchange of terrorism information among agencies ... 

[and shall] protect the freedom, information privacy, and other legal rights of 

Americans in the conduct of [such] activities ....” These Guidelines implement 

the requirements under the IRTPA and EO 13388 to protect information privacy 

rights and provide other legal protections relating to civil liberties and the legal 

rights of Americans in the development and use of the ISE.

(b) APPLICABILITY. These Guidelines apply to information about United States 

citizens and lawful permanent residents that is subject to information privacy or 

other legal protections under the Constitution and Federal laws of the United 

States (“protected information”). For the intelligence community, protected 

information includes information about “United States persons” as defined in 

Executive Order 12333. Protected information may also include other 

information that the U.S. Government expressly determines by Executive Order, 

international agreement, or other similar instrument, should be covered by these 

Guidelines.

2. COMPLIANCE WITH LAWS.

(a) GENERAL. In the development and use of the ISE, all agencies shall, without 

exception, comply with the Constitution and all applicable laws and Executive 

Orders relating to protected information. 

(b) RULES ASSESSMENT. Each agency shall implement an ongoing process for 

identifying and assessing the laws, Executive Orders, policies, and procedures 

that apply to the protected information that it will make available or access 

through the ISE. Each agency shall identify, document, and comply with any 

legal restrictions applicable to such information. Each agency shall adopt internal 

policies and procedures requiring it to: 

(i) only seek or retain protected information that is legally permissible 

for the agency to seek or retain under the laws, regulations, policies, and 

executive orders applicable to the agency; and
INFORMATION SHARING ENVIRONMENT PRIVACY GUIDELINES 

849

(ii) ensure that the protected information that the agency makes available 

through the ISE has been lawfully obtained by the agency and may be 

lawfully made available through the ISE.

(c) CHANGES. If, as part of its rules assessment process, an agency:

(i) identifies an issue that poses a significant risk to information privacy 

rights or other legal protections, it shall as appropriate develop policies 

and procedures to provide protections that address that issue;

(ii) identifies a restriction on sharing protected information imposed by 

internal agency policy, that significantly impedes the sharing of terrorism 

information, homeland security information, or law enforcement 

information (as defined in Section 13 below) in a manner that does not 

appear to be required by applicable laws or to protect information 

privacy rights or provide other legal protections, it shall review the 

advisability of maintaining such restriction;

(iii) identifies a restriction on sharing protected information, other than 

one imposed by internal agency policy, that significantly impedes the 

sharing of information in a manner that does not appear to be required to 

protect information privacy rights or provide other legal protections, it 

shall review such restriction with the ISE Privacy Guidelines Committee 

(described in Section 12 below), and if an appropriate internal resolution 

cannot be developed, bring such restriction to the attention of the 

Attorney General and the Director of National Intelligence (DNI). The 

Attorney General and the DNI shall review any such restriction and 

jointly submit any recommendations for changes to such restriction to the 

Assistant to the President for Homeland Security and Counterterrorism, 

the Assistant to the President for National Security Affairs, and the 

Director of the Office of Management and Budget for further review.

3. PURPOSE SPECIFICATION. Protected information should be shared through the 

ISE only if it is terrorism information, homeland security information, or law 

enforcement information (as defined in Section 13 below). Each agency shall 

adopt internal policies and procedures requiring it to ensure that the agency’s 

access to and use of protected information available through the ISE is consistent 

with the authorized purpose of the ISE.

4. IDENTIFICATION OF PROTECTED INFORMATION TO BE SHARED THROUGH THE 

ISE.

(a) IDENTIFICATION AND PRIOR REVIEW. In order to facilitate compliance with 

these Guidelines, particularly Section 2 (Compliance with Laws) and Section 3 

(Purpose Specification), each agency shall identify its data holdings that contain 

protected information to be shared through the ISE, and shall put in place such 
INFORMATION SHARING ENVIRONMENT PRIVACY GUIDELINES 

850

mechanisms as may be reasonably feasible to ensure that protected information 

has been reviewed pursuant to these Guidelines before it is made available to the 

ISE.

(b) NOTICE MECHANISMS. Consistent with guidance and standards to be issued 

for the ISE, each agency shall put in place a mechanism for enabling ISE 

participants to determine the nature of the protected information that the agency 

is making available to the ISE, so that such participants can handle the 

information in accordance with applicable legal requirements. Specifically, such 

a mechanism will, to the extent reasonably feasible and consistent with the 

agency’s legal authorities and mission requirements, allow for ISE participants to 

determine whether:

(i) the information pertains to a United States citizen or lawful permanent 

resident;

(ii) the information is subject to specific information privacy or other 

similar restrictions on access, use or disclosure, and if so, the nature of 

such restrictions; and

(iii) there are limitations on the reliability or accuracy of the information.

5. DATA QUALITY.

(a) ACCURACY. Each agency shall adopt and implement procedures, as 

appropriate, to facilitate the prevention, identification, and correction of any 

errors in protected information with the objective of ensuring that such 

information is accurate and has not erroneously been shared through the ISE.

(b) NOTICE OF ERRORS. Each agency, consistent with its legal authorities and 

mission requirements, shall ensure that when it determines that protected 

information originating from another agency may be erroneous, includes 

incorrectly merged information, or lacks adequate context such that the rights of 

the individual may be affected, the potential error or deficiency will be 

communicated in writing to the other agency’s ISE privacy official (the ISE 

privacy officials are described in section 12 below).

(c) PROCEDURES. Each agency, consistent with its legal authorities and mission 

requirements, shall adopt and implement policies and procedures with respect to 

the ISE requiring the agency to:

(i) take appropriate steps, when merging protected information about an 

individual from two or more sources, to ensure that the information is 

about the same individual;

(ii) investigate in a timely manner alleged errors and deficiencies and 

correct, delete, or refrain from using protected information found to be 

erroneous or deficient; and

(iii) retain protected information only so long as it is relevant and timely 

for appropriate use by the agency, and update, delete, or refrain from 
INFORMATION SHARING ENVIRONMENT PRIVACY GUIDELINES 

851

using protected information that is outdated or otherwise irrelevant for 

such use.

6. DATA SECURITY. Each agency shall use appropriate physical, technical, and 

administrative measures to safeguard protected information shared through the 

ISE from unauthorized access, disclosure, modification, use, or destruction.

7. ACCOUNTABILITY, ENFORCEMENT AND AUDIT.

(a) PROCEDURES. Each agency shall modify existing policies and procedures or 

adopt new ones as appropriate, requiring the agency to:

(i) have and enforce policies for reporting, investigating, and responding 

to violations of agency policies relating to protected information, 

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 requirements an 

policies for collection, use, and disclosure of protected information, and, 

as appropriate, for reporting violations of agency privacy protection 

policies;

(iii) cooperate with audits and reviews by officials with responsibility for 

providing oversight with respect to the ISE; and

(iv) designate each agency’s ISE privacy official to receive reports (or 

copies thereof if the agency already has a designated recipient of such 

reports) regarding alleged errors in protected information that originate 

from that agency.

(b) AUDIT. Each agency shall implement adequate review and audit mechanisms 

to enable the agency’s ISE privacy official and other authorized officials to verify 

that the agency and its personnel are complying with these Guidelines in the 

development and use of the SE. 

8. REDRESS. To the extent consistent with its legal authorities and mission 

requirements, each agency shall, with respect to its participation in the 

development and use of the ISE, put in place internal procedures to address 

complaints from persons regarding protected information about them that is 

under the agency’s control. 

9. EXECUTION, TRAINING, AND TECHNOLOGY.

(a) EXECUTION. The ISE privacy official shall be responsible for ensuring that 

protections are implemented as appropriate through efforts such as training, 

business process changes, and system designs.
INFORMATION SHARING ENVIRONMENT PRIVACY GUIDELINES 

852

(b) TRAINING. Each agency shall develop an ongoing training program in the 

implementation of these Guidelines, and shall provide such training to agency 

personnel participating in the development and use of the ISE.

(c) TECHNOLOGY. Where reasonably feasible, and consistent with standards and 

procedures established for the ISE, each agency shall consider and implement, as 

appropriate, privacy enhancing technologies including, but not limited to, 

permissioning systems, hashing, data anonymization, immutable audit logs, and 

authentication.

10. AWARENESS. Each agency shall take steps to facilitate appropriate public 

awareness of its policies and procedures for implementing these Guidelines.

11. NON-FEDERAL ENTITIES. Consistent with any standards and procedures that 

may be issued to govern participation in the ISE by State, tribal, and local 

governments and private sector entities, the agencies and the PM-ISE will work 

with non-Federal entities seeking to access protected information through the ISE 

to ensure that such non-Federal entities develop and implement appropriate 

policies and procedures that provide protections that are at least as 

comprehensive as those contained in these Guidelines.

12. GOVERNANCE.

(a) ISE PRIVACY OFFICIALS. Each agency’s senior official with overall agencywide responsibility for information privacy issues (as designated by statute or 

executive order, or as otherwise identified in response to OMB Memorandum M05-08 dated February 11, 2005), shall directly oversee the agency’s 

implementation of and compliance with these Guidelines (the “ISE privacy 

official”). If a different official would be better situated to perform this role, he or 

she may be so designated by the head of the agency. The ISE privacy official role 

may be delegated to separate components within an agency, such that there could 

be multiple ISE privacy officials within one executive department. The ISE 

privacy official shall be responsible for ensuring that (i) the agency’s policies, 

procedures, and systems are appropriately designed and executed in compliance 

with these Guidelines, and (ii) changes are made as necessary. The ISE privacy 

official should be familiar with the agency’s activities as they relate to the ISE, 

possess all necessary security clearances, and be granted the authority and 

resources, as appropriate, to identify and address privacy and other legal issues 

arising out of the agency’s participation in the ISE. Such authority should be 

exercised in coordination with the agency’s senior ISE official.

(b) ISE PRIVACY GUIDELINES COMMITTEE. All agencies will abide by these 

Guidelines in their participation in the ISE. The PM shall establish a standing 

“ISE Privacy Guidelines Committee” to provide ongoing guidance on the 
INFORMATION SHARING ENVIRONMENT PRIVACY GUIDELINES 

853

implementation of these Guidelines, so that, among other things, agencies follow 

consistent interpretations of applicable legal requirements, avoid duplication of 

effort, share best practices, and have a forum for resolving issues on an interagency basis. The ISE Privacy Guidelines Committee is not intended to replace 

legal or policy guidance mechanisms established by law, executive order, or as 

part of the ISE, and will as appropriate work through or in consultation with such 

other mechanisms. The ISE Privacy Guidelines Committee shall be chaired by 

the PM or a senior official designated by the PM, and will consist of the ISE 

privacy officials of each member of the Information Sharing Council. If an issue 

cannot be resolved by the ISE Privacy Guidelines Committee, the PM will 

address the issue through the established ISE governance process. The ISE 

Privacy Guidelines Committee should request legal or policy guidance on 

questions relating to the implementation of these Guidelines from those agencies 

having responsibility or authorities for issuing guidance on such questions; any 

such requested guidance shall be provided promptly by the appropriate agencies. 

As the ISE governance process evolves, if a different entity is established or 

identified that could more effectively perform the functions of the ISE Privacy 

Guidelines Committee, the ISE Privacy Guidelines Committee structure shall be 

modified by the PM through such consultation and coordination as may be

required by the ISE governance process, to ensure the functions and 

responsibilities of the ISE Privacy Guidelines Committee remain priorities fully 

integrated into the overall ISE governance process.

(c) PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. The Privacy and Civil 

Liberties Oversight Board (PCLOB) should be consulted for ongoing advice 

regarding the protection of privacy and civil liberties in agencies’ development 

and use of the ISE. To facilitate the performance of the PCLOB’s duties, the ISE 

Privacy Guidelines Committee will serve as a mechanism for the PCLOB to 

obtain information from agencies and to provide advice and guidance consistent 

with the PCLOB’s statutory responsibilities. Accordingly, the ISE Privacy 

Guidelines Committee should work in consultation with the PCLOB, whose 

members may attend Committee meetings, provide advice, and review and 

comment on guidance as appropriate.

(d) ISE PRIVACY PROTECTION POLICY. Each agency shall develop and 

implement a written ISE privacy protection policy that sets forth the mechanisms, 

policies, and procedures its personnel will follow in implementing these 

Guidelines. Agencies should consult with the ISE Privacy Guidelines Committee 

as appropriate in the development and implementation of such policy.
INFORMATION SHARING ENVIRONMENT PRIVACY GUIDELINES 

854

13. GENERAL PROVISIONS.

(a) DEFINITIONS.

(i) The term “agency” has the meaning set forth for the term “executive 

agency” in section 105 of title 5, United States Code, but includes the 

Postal Rate Commission and the United States Postal Service and 

excludes the Government Accountability Office.

(ii) The term “protected information” has the meaning set forth for such 

term in paragraph 1(b) of these Guidelines.

(iii) The terms “terrorism information,” ”homeland security 

information,” and “law enforcement information” are defined as follows:

[I] “Terrorism information,” consistent with section 1016(a)(4) of 

IRTPA means all relating to (A) the existence, organization, 

capabilities, plans, intentions, vulnerabilities, means of finance or 

material support, or activities of foreign or international terrorist 

groups or individuals, or of domestic groups or individuals 

involved in transnational terrorism, (B) threats posed by such 

groups or individuals to the United States, United States persons, 

or United States interests, or to those of other nations, (C) 

communications of or by such groups or individuals, or (D) groups 

or individuals reasonably believed to be assisting or associated 

with such groups or individuals.

[II] “Homeland security information,” as derived from section 

482(f)(1) of the Homeland Security Act of 2002, means any 

information possessed by a Federal, State, local, or tribal agency 

that relates to (A) a threat of terrorist activity, (B) the ability to 

prevent, interdict, or disrupt terrorist activity, (C) the identification 

or investigation of a suspected terrorist or terrorist organization or 

any person, group, or entity associated with or assisting a 

suspected terrorist or terrorist organization, or (D) a planned or 

actual response to a terrorist act.

[III] “Law enforcement information” for the purposes of the ISE 

means any information obtained by or of interest to a law 

enforcement agency or official that is (A) related to terrorism or 

the security of our homeland and (B) relevant to a law enforcement 

mission, including but not limited to information 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 

vulnerabilities; the existence, organization, capabilities, plans, 

intentions, vulnerabilities, means, methods, or activities of 

individuals or groups involved or suspected of involvement in 
INFORMATION SHARING ENVIRONMENT PRIVACY GUIDELINES 

855

criminal or unlawful conduct or assisting or associated with 

criminal or unlawful conduct; the existence, identification, 

detection, prevention, interdiction, or disruption of, or response to, 

criminal acts and violations of the law; identification, 

apprehension, prosecution, release, detention, adjudication, 

supervision, or rehabilitation of accused persons or criminal 

offenders; and victim/witness assistance.

(b) The treatment of information as “protected information” under these 

Guidelines does not by itself establish that the individual or entity to which such 

information pertains does in fact have information privacy or other legal rights 

with respect to such information.

(c) Heads of executive departments and agencies shall, to the extent permitted by 

law and subject to the availability of appropriations, provide the cooperation, 

assistance, and information necessary for the implementation of these Guidelines.

(d) These Guidelines:

(i) shall be implemented in a manner consistent with applicable laws and 

executive orders, including Federal laws protecting the information 

privacy rights and other legal rights of Americans, and subject to the 

availability of appropriations;

(ii) shall be implemented in a manner consistent with the statutory 

authority of the principal officers of executive departments and agencies 

as heads of their respective departments or agencies;

(iii) shall not be construed to impair or otherwise affect the functions of 

the Director of the Office of Management and Budget relating to budget, 

administrative, and legislative proposals; and 

(iv) are intended only to improve the internal management of the Federal 

Government and are not intended to, and do not, create any rights or 

benefits, substantive or procedural, enforceable at law or in equity by a 

party against the United States, its departments, agencies, or entities, its 

officers, employees, or agencies, or any other person. 
THRESHOLD CRITERIA FOR REPORTING 

INTELLIGENCE OVERSIGHT MATTERS 

856

CRITERIA ON THRESHOLDS FOR REPORTING INTELLIGENCE 

OVERSIGHT MATTERS AND INSTRUCTIONS RELATING TO 

FORMATTING AND SCHEDULING

Intelligence oversight reporting serves as an early warning of intelligence 

activities of which the President should be informed, through either his 

Intelligence Oversight Board (IOB) or the Director of National Intelligence 

(DNI), or both, and provides a means by which the Executive Branch may 

quickly identify and correct in a timely manner any deficiencies in the conduct of 

its intelligence activities. The following criteria on thresholds for reporting 

intelligence oversight matters to the IOB, and instructions on formatting and 

scheduling of reports, are issued under the authority of Executive Order 13462, 

as amended.

I. CRITERIA ON THRESHOLDS FOR REPORTING. The heads of departments with 

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 intelligence activity 

which there is reason to believe may be unlawful or contrary to executive 

order (EO) or presidential directive (PD). The following guidance applies 

to determining whether a particular matter should be reported:

(1) “Intelligence activities” has the meaning specified in Part 

3.5(g) of EO 12333 and, for purposes of these criteria, include, but 

are not limited to, the acquisition, collection, retention, analysis, 

and dissemination of intelligence information.

(2) Intelligence activities are reportable if a reasonable person 

would believe they may be unlawful or contrary to EO or PD 

without waiting for substantiation, investigation, formal 

adjudication, or resolution of the issue of whether a particular 

matter is unlawful or contrary to EO or PD.

(3) Intelligence activities to be reported under EOs 13462 and 

12333 are not limited to those that concern “United States 

persons,” as defined in Part 3.5(k) of EO 12333 or in any successor 

EO.

(4) “Executive order or presidential directive” means, for purposes 

of implementing these criteria, a document signed by the President 

of the United States that has the force of law for the Executive 

Branch or constitutes the exercise by the President of his Executive 

authority. Violations of procedures and guidelines that heads of 
THRESHOLD CRITERIA FOR REPORTING 

INTELLIGENCE OVERSIGHT MATTERS 

857

departments or IC components have established to implement EO 

12333, or a successor order, should be reported if such matters are 

of potential presidential interest or deemed appropriate for the 

IOB’s review, e.g., because they involve the apparent violation of 

substantive rights of individuals.

(5) Reportable events include the initiation of, and significant 

developments in, investigations or other inquiries relating to the 

legality or propriety of intelligence activities.

(6) Initial reports made on the basis of incomplete or inaccurate 

reporting are to be updated as additional information becomes 

available. Subsequent or updated reports should be identified in 

such a manner that they can be accurately related to the relevant 

initial reports.

(7) Intelligence activities are reportable to the IOB if such 

activities are required to be reported or have been reported to the 

Attorney General as required by law or other directive, including 

the Memorandum of Understanding on Reporting of Information 

Concerning Federal Crimes (1995).

(8) Any intelligence activity that is to be reported to any 

congressional committee or member of Congress because it is or 

may be unlawful or contrary to executive order or otherwise 

“significant or highly sensitive” (see paragraph B, below) shall 

also be reported to the IOB and DNI generally before such a

congressional report is made. Any report concerning intelligence 

activities that is submitted to any committee or member of 

Congress shall also be submitted to the IOB and DNI if the 

activities were also reportable under these criteria.

(B) Report to the IOB and DNI significant or highly sensitive matters.

(1) “Significant or highly sensitive matters” are intelligence 

activities (regardless of whether the intelligence activities are 

unlawful or contrary to executive order or presidential directive), 

or serious criminal activities by intelligence personnel, that could 

impugn the reputation or integrity of the IC, or otherwise call into 

question the propriety of intelligence activities.

(2) Such matters might be manifested by actual or the potential for:

(a) congressional inquiries or investigations;

(b) adverse media coverage;

(c) impact on foreign relations or foreign partners; or

(d) systemic compromise, loss, or unauthorized 

disclosure of protected information.
THRESHOLD CRITERIA FOR REPORTING 

INTELLIGENCE OVERSIGHT MATTERS 

858

II. CONTENT OF REPORTS. Intelligence oversight reports should include (to the 

extent practicable without compromising the timeliness of reporting) the 

following:

(A) A narrative describing each intelligence activity in question.

(B) A statement describing when the matter occurred, when it was 

discovered and initially reported within the IC element, and if applicable, 

an explanation for any delay in reporting to the IOB.

(C) Why the matter is being reported, i.e., it is:

(1) a potential violation of law (cite the relevant law, if a judgment 

has been made);

(2) potentially contrary to EO or PD (cite the relevant section or 

part of the EO or PD);

(3) a potential violation of agency procedures (cite the specific rule 

or procedure, if a judgment has been made);

(4) “significant” because . . .; or

(5) “highly sensitive” because . . .

(D) An explanation and analysis of how or why the incident occurred.

(E) An assessment of any impact of the incident on national security or 

international relations, as well as any mitigation efforts, including 

successes and failures of such efforts.

(F) Any remedial action the IC element has taken or is taking to prevent 

recurrence of the incident being reported.

(G) An assessment of any impact the reported intelligence activity may 

have on civil liberties or protected privacy rights.

(H) How the IC element concerned is addressing any information 

improperly acquired, handled, used, destroyed, etc., as a consequence of 

the matter being reported.

(I) Quarterly reports, see section IV.B, shall include a summary of the 

gravity, frequency, trends, and patterns of matters reported for the 

quarter. 

(J) Any additional information that the reporting official considers 

relevant for purposes of fully and completely informing the IOB and the 

DNI on an intelligence oversight matter.

III. FORMATTING REPORTS. Reports may be formatted in accordance with 

departmental or agency policies, provided all the substantive information 

described above is included in each report.
THRESHOLD CRITERIA FOR REPORTING 

INTELLIGENCE OVERSIGHT MATTERS 

859

IV. SCHEDULING FOR REPORTING.

(A) Significant or highly sensitive matters must be reported immediately.

(1) Significant or highly sensitive matters may be reported orally, 

if necessary, and followed up with a written report as soon as 

possible thereafter. The preference is for written reports.

(2) Significant or highly sensitive matters, whether or not believed 

to be unlawful or contrary to EO or PD, shall be reported to the 

IOB and DNI.

(B) Reports of matters other than significant or highly sensitive matters 

shall be submitted on a quarterly basis. The first report for the calendar 

year shall cover 1 January through 31 March, and so on for each quarter 

of the year.

(C) Quarterly reports are due no later than 60 days following the end of 

each quarter.

(D) All IC elements must submit reports at least quarterly, even if a 

component has not been made aware of any reportable matter during the 

reporting period.

Questions concerning the implementation of EO 13462, or intelligence oversight 

reporting in general, may be submitted to the IOB’s General Counsel, or to the 

ODNI IOB Team: [ODNI/OIG or ODNI/OGC].
MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES 

860

MEMORANDUM OF UNDERSTANDING:

REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES

I. INTRODUCTION

Section 1.7 (a) of Executive Order (E.O.) 12333 requires senior officials of the 

Intelligence Community to—

report to the Attorney General possible violations of the federal criminal 

laws by employees and of specified federal criminal laws by any other 

person as provided in procedures agreed upon by the Attorney General 

and the head of the department or agency concerned, in a manner 

consistent with the protection of intelligence sources and methods, as

specified in those procedures.

Title 28, United States Code, Section 535 (b) requires that—

[a]ny information, allegation, or complaint received in a department or 

agency of the executive branch of government relating to violations of 

title 18 involving Government officers and employees shall be 

expeditiously reported to the Attorney General by the head of the 

department or agency, unless—

(1) the responsibility to perform an investigation with respect thereto is 

specifically assigned otherwise by another provision of law; or

(2) as to any department or agency of the Government, the Attorney 

General directs otherwise with respect to a specified class of information, 

allegation, or complaint.

This Memorandum of Understanding (MOU) sets forth the procedures by which 

each agency and organization within the Intelligence Community shall report to 

the Attorney General and to federal investigative agencies information 

concerning possible federal crimes by employees of an intelligence agency or 

organization, or violations of specified federal criminal laws by any other person, 

which information was collected by it during the performance of its designated 

intelligence activities, as those activities are defined in E.O. 12333, §§1.8-1.13.

II. DEFINITIONS

(A) “Agency,” as that term is used herein, refers to those agencies and 

organizations within the Intelligence Community as defined in E.O. 12333, 

§3.4(f), but excluding the intelligence elements of the Federal Bureau of 

Investigation and the Department of Treasury.

(B) “Employee,” as that term is used herein, means: 

(1) a staff employee, contract employee, asset, or other person or entity 

providing service to or acting on behalf of any agency within the 

intelligence community;
MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES 

861

(2) a former officer or employee of any agency within the intelligence 

community for purposes of an offense committed during such person’s 

employment, and for purposes of an offense involving a 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 or of the 

Department of which it is a component or an oversight person designated by such 

person to act on his/her behalf, and for purposes of these procedures may include 

an Inspector General or equivalent official if agency or departmental procedures 

so require or if designated by the agency or department head.

(D) “Inspector General” or “IG” means the inspector general of the Agency or of 

the department of which the Agency is a component.

(E) “Reasonable basis” exists when there are facts and circumstances, either 

personally known or of which knowledge is acquired from a source believed to 

be reasonably trustworthy, that would cause a person of reasonable caution to 

believe that a crime has been, is being, or will be committed. The question of 

which federal law enforcement or judicial entity has jurisdiction over the alleged 

criminal acts shall have no bearing upon the issue of whether a reasonable basis 

exists. 

III. SCOPE

(A) This MOU shall not be construed to authorize or require the Agency, or any 

person or entity acting on behalf of the Agency, to conduct any investigation not 

otherwise authorized by law, or to collect any information in a manner not 

authorized by law.

(B) This MOU ordinarily does not require an intelligence agency or organization 

to report crimes information that was collected and disseminated to it by another 

department, agency, or organization. Where, however, the receiving agency is the 

primary or sole recipient of that information, or if analysis by the receiving 

agency reveals additional crimes information, the receiving agency shall be 

responsible for reporting all such crimes information in accordance with the 

provisions of this MOU.

(C) This MOU does not in any way alter or supersede the obligation of an 

employee of an intelligence agency to report potential criminal behavior by other 

employees of that agency to an IG, as required either by statute or by agency 

regulations, nor affect any protections afforded any persons reporting such

behavior to an IG. Nor does this MOU affect any crimes reporting procedures 

between the IG Offices and the Department of Justice.

(D) This MOU does not in any way alter or supersede any obligation of a 

department or agency to report to the Attorney General criminal behavior by 
MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES 

862

Government employees not employed by the intelligence community, as required 

by 28 U.S.C. § 535.

(E) This MOU does not affect the obligation to report to the Federal Bureau of 

Investigation alleged or suspected espionage activities as required under Section 

811(c) of the Intelligence Authorization Act of 1995.

(F) The following crimes information is exempted from the application of this 

memorandum if the specified conditions are met:

(1) Crimes information that has been reported to an IG;1

(2) Crimes information received by a Department of Defense intelligence 

component concerning a Defense intelligence component employee who 

either is subject to the Uniform Code of Military Justice or is a civilian 

and has been accused of criminal behavior related to his/her assigned 

duties or position, if (a) the information is submitted to and investigated 

by the appropriate Defense Criminal Investigative Organization, and (b) 

in cases involving crimes committed during the performance of 

intelligence activities, the General Counsel provides to the Department of 

Justice a report reflecting the nature of the charges and the disposition 

thereof;

(3) Information regarding non-employee crimes listed in Section VII that 

is collected by the intelligence component of a Department also having 

within it a law enforcement organization where (a) the crime is of the 

type that the Department’s law enforcement organization has jurisdiction 

to investigate; and (b) the Department’s intelligence organization submits 

that crimes information to the Department’s law enforcement 

organization for investigation and further handling in accordance with 

Department policies and procedures;2

(4) Crimes information regarding persons who are not employees of the 

Agency, as those terms are defined in Section II, that involve crimes 

against property in an amount of $1,000 or less, or, in the case of Agency 

employees, crimes against property in an amount of $500 or less. As to 

other relatively minor offenses to which this MOU would ordinarily 

apply, but which, in the General Counsel’s opinion, do not warrant 

reporting pursuant to this MOU, the General Counsel may orally contact 

 1 If, however, the IG determines that the reported information is not properly subject to 

that office’s jurisdiction, but that such information may be reportable pursuant to this 

MOU, the IG may forward the information to the DOJ in compliance with these 

procedures. Alternatively, the IG may transmit the information to the Agency’s General 

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 enforcement and 

other non-intelligence components of a department, agency, or organization. 
MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES 

863

the Assistant Attorney General, Criminal Division,* or his/her designee. 

If the Department of Justice concurs with that opinion, no further 

reporting under these procedures is required. The General Counsel shall 

maintain an appropriate record of such contacts with the Department. If 

deemed appropriate by the General Counsel, he/she may take necessary 

steps to pass such information to the appropriate law enforcement 

authorities; or

(5) Information, other than that relating to homicide or espionage, 

regarding crimes that were completed more than ten years prior to the 

date such allegations became known to the agency. If, however, the 

Agency has a reasonable basis to believe that the alleged criminal 

activities occurring ten or more years previously relate to, or are a part 

of, a pattern of criminal activities that continued within that ten year 

interval, the reporting procedures herein will apply to those activities.

(G) The Procedures set forth herein are not intended to affect whether an 

intelligence agency reports to state or local authorities activity that appears to 

constitute a crime under state law. In the event that an intelligence agency 

considers it appropriate to report to state or local authorities possible criminal 

activity that may implicate classified information or intelligence sources or 

methods, it should inform the AAG, or the designated Deputy AAG, Criminal 

Division, in accordance with paragraph VIII.C, below; the Criminal Division will 

consult with the intelligence agency regarding appropriate methods for 

conveying the information to state or local authorities. In the event that an 

intelligence agency considers it appropriate to report to state or local authorities 

possible criminal activity that is not expected to implicate classified information 

or intelligence sources or methods, it should nevertheless provide a copy of such

report to the AAG, or to the designated Deputy AAG, Criminal Division.

IV. GENERAL CONSIDERATIONS: ALLEGATIONS OF CRIMINAL ACTS COMMITTED 

BY AGENCY EMPLOYEES

(A) This Agreement requires each employee of the Agency to report to the 

General Counsel or IG facts or circumstances that reasonably indicate to the

 * [Pursuant to Attorney General Alberto Gonzales’s letter of September 14, 2007, to 

Director of National Intelligence J. Michael McConnell, within this Memorandum of 

Understanding all referenced functions of the Assistant Attorney General for the Criminal 

Division or of the Criminal Division, generally, shall be read to refer to the Assistant 

Attorney General for National Security and the National Security Division, respectively.]
MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES 

864

employee that an employee of an intelligence agency has committed, is 

committing, or will commit a violation of federal criminal law.3

(B) Except as exempted in Section III, when the General Counsel has received 

allegations, complaints or information (hereinafter allegations) that an employee 

of the Agency may have violated, may be violating, or may violate a federal 

criminal statute, that General Counsel should within a reasonable period of time 

determine whether there is a reasonable basis to believe that a federal crime has 

been, is being, or will be committed and that it is a crime which, under this 

memorandum, must be reported. The General Counsel may, as set forth in 

Section V, below, conduct a preliminary inquiry for this purpose. If a preliminary 

inquiry reveals that there is a reasonable basis for the allegations, the General 

Counsel will follow the reporting procedures set forth in Section VIII, below. If a 

preliminary inquiry reveals that the allegations are without a reasonable basis, the 

General Counsel will make a record, as appropriate, of that finding and no 

reporting under these procedures is required.

V. PRELIMINARY INQUIRY INTO ALLEGATIONS AGAINST AN AGENCY 

EMPLOYEE

(A) The General Counsel’s preliminary inquiry regarding allegations against an 

Agency employee will ordinarily be limited to the following:

(1) review of materials submitted in support of the allegations;

(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 and information;

(5) interview of the complainant; and

(6) interview of any Agency employee, other than the accused, who, in 

the opinion of the General Counsel, may be able to corroborate or refute 

the allegations.

(B) Where criminal allegations against an Agency employee are subject to this 

MOU, an interview of that employee may only be undertaken in compliance with 

the following conditions:

 3 When a General Counsel or IG has received information concerning alleged violations 

of federal law by an employee of another intelligence community agency, and those 

violations are not exempted under section III. E. 4, hereof, the General Counsel shall 

notify in writing the General Counsel of the accused employee’s agency. The latter 

General Counsel must then determine whether this MOU requires the allegations to be 

reported to the Department of Justice.
MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES 

865

(1) Where the crime alleged against an Agency employee does not 

pertain to a serious felony offense,4 a responsible Agency official may 

interview the accused employee; however, such interview shall only be 

conducted with the approval of the General Counsel, the IG, or, as to 

Defense and military employees, the responsible military Judge 

Advocate General or the responsible Defense Criminal Investigative 

Organization.

(2) Where the crime alleged against an Agency employee is a serious 

felony offense, the Agency shall ordinarily not interview the accused 

employee, except where, in the opinion of the General Counsel, there are 

exigent circumstances5 which require that the employee be interviewed. 

If such exigent circumstances exist, the General Counsel or other 

attorney in the General Counsel’s office may interview the accused 

employee to the extent reasonably necessary to eliminate or substantially 

reduce the exigency.

(3) In all other cases of alleged serious felonies, the General Counsel, or 

the General Counsel’s designee, may interview the accused employee 

only after consultation with the Agency’s IG, a Defense Criminal 

Investigative Organization (for Defense and military employees), or with 

the Department of Justice regarding the procedures to be used during an 

interview with the accused employee.

Any interview of an accused employee that is undertaken shall be conducted in a 

manner that does not cause the loss, concealment, destruction, damage or 

alteration of evidence of the alleged crime, nor result in the immunization of any 

statements made by the accused employee during that interview. The Agency 

shall not otherwise be limited by this MOU either as to the techniques it is 

otherwise authorized to use, or as to its responsibility to provide for its security 

functions pursuant to E.O. 12333.

 4 A “serious felony offense” includes any offense listed in Section VII, hereof, violent 

crimes, and other offenses which, if committed in the presence of a reasonably prudent 

and law-abiding person, would cause that person immediately to report that conduct 

directly to the police. For purposes of this MOU, crimes against government property that 

do not exceed $5,000 and are not part of a pattern of continuing behavior or of a criminal 

conspiracy shall not be considered serious felony offenses. 

5 “Exigent circumstances” are circumstances requiring prompt action by the Agency in 

order to protect life or substantial property interests; to apprehend or identify a fleeing 

offender; or to prevent the compromise, loss, concealment, destruction, or alteration of 

evidence in a crime. 
MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES 

866

VI. GENERAL CONSIDERATIONS: ALLEGATIONS OF CRIMINAL ACTS COMMITTED 

BY NON-EMPLOYEES

(A) This MOU requires each employee of the Agency to report, to the General 

Counsel or as otherwise directed by the Department or Agency head, facts or 

circumstances that reasonably indicate to the employee that a non-employee has 

committed, is committing, or will commit one or more of the specified crimes in 

Section VII, below.

(B) When an Agency has received information concerning alleged violations of 

federal law by a person other than an employee of an intelligence agency, and 

has determined that the reported information provides a reasonable basis to 

conclude that a violation of one of the specified crimes in Section VII has 

occurred, is occurring, or may occur, the Agency shall report that information to 

the Department of Justice in accordance with Sections VIII or IX, below.

VII. REPORTABLE OFFENSES BY NON-EMPLOYEES

(A) Unless exempted under Section III, above, allegations concerning criminal 

activities by non-employees are reportable if they pertain to one or more of the 

following specified violations of federal criminal law:

(1) Crimes involving intentional infliction or threat of death or serious 

physical harm. These include but are not limited to homicide, 

kidnapping, hostage taking, assault (including sexual assault), or threats 

or attempts to commit such offenses, against any person in the United 

States or a U.S. national or internationally protected person (as defined in 

18 U.S.C. § 1116(b)(4)), whether in the United States or abroad.

(2) Crimes, including acts of terrorism, that are likely to affect the 

national security, defense or foreign relations of the United States. These

may include but are not limited to:

(a) Espionage; sabotage; unauthorized disclosure of classified 

information; seditious conspiracies to overthrow the government of 

the United States; fund transfers violating the International 

Emergency Economic Powers Act; providing material or financial 

support to terrorists; unauthorized traffic in controlled munitions or 

technology; or unauthorized traffic in, use of, or contamination by 

nuclear materials, chemical or biological weapons, or chemical or 

biological agents; whether in the United States or abroad;

(b) Fraudulent entry of persons into the United States, the violation 

of immigration restrictions or the failure to register as a foreign 

agent or an intelligence trained agent;

(c) Offenses involving interference with foreign governments or 

interference with the foreign policy of the United States whether 

occurring in the United States or abroad;
MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES 

867

(d) Acts of terrorism anywhere in the world which target the U.S. 

government or its property, U.S. persons, or any property in the 

United States, or in which the perpetrator is a U.S. person; aircraft 

hijacking; attacks on aircraft or international aviation facilities; or 

maritime piracy;

(e) The unauthorized transportation or use of firearms or 

explosives in interstate or foreign commerce.

(3) Crimes involving foreign interference with the integrity of U.S. 

governmental institutions or processes. Such crimes may include:

(a) Activities to defraud the U.S. government or any federally 

protected financial institution, whether occurring in the United 

States or abroad;

(b) Obstruction of justice or bribery of U.S. officials or witnesses 

in U.S. proceedings, whether occurring in the United States or 

abroad;

(c) Interference with U.S. election proceedings or illegal 

contributions by foreign persons to U.S. candidates or election 

committees;

(d) Perjury in connection with U.S. proceedings, or false 

statements made in connection with formal reports or applications 

to the U.S. government, or in connection with a formal criminal or 

administrative investigation, whether committed in the United 

States or abroad;

(e) Counterfeiting U.S. obligations or any other governmental 

currency, security or identification documents used in the United 

States, whether committed in the United States or abroad; 

transactions involving stolen governmental securities or 

identification documents or stolen or counterfeit non-governmental 

securities.

(4) Crimes related to unauthorized electronic surveillance in the United 

States or to tampering with, or unauthorized access to, computer systems.

(5) Violations of U.S. drug laws including: the cultivation, production, 

transportation, importation, sale, or possession (other than possession of 

user quantities) of controlled substances; the production, transportation, 

importation, and sale of precursor or essential chemicals.

(6) The transmittal, investment and/or laundering of the proceeds of any 

of the unlawful activities listed in this Section, whether committed in the 

United States or abroad.

(B) Any conspiracy or attempt to commit a crime reportable under this section 

shall be reported if the conspiracy or attempt itself meets the applicable reporting 

criteria.
MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES 

868

(C) The Attorney General also encourages the Agency to notify the Department 

of Justice when the Agency’s otherwise routine collection of intelligence in 

accordance with its authorities results in its acquisition of information about the 

commission of other serious felony offenses by non-employees, e.g. violations of 

U.S. environmental laws relating to ocean and inland water discharging or 

dumping, drinking water contamination, or hazardous waste disposal, and crimes 

involving interference with the integrity of U.S. governmental institutions or 

processes that would not otherwise be reportable under section VII.A.3.

VIII. PROCEDURE FOR SUBMITTING SPECIAL CRIMES REPORTS

(A) Where the Agency determines that a matter must be the subject of a special 

report to the Department of Justice, it may, consistent with paragraphs VIII.B and 

VIII.C, below, make such a report (1) by letter or other, similar communication 

from the General Counsel, or (2) by electronic or courier dissemination of 

information from operational or analytical units, provided that in all cases, the 

subject line and the text of such communication or dissemination clearly reflects 

that it is a report of possible criminal activity. The Department of Justice shall 

maintain a record of all special crimes reports received from the Agency.

(B) Where the Agency determines that a matter must be the subject of a special 

report to the Department of Justice; and where the Agency further determines 

that no public disclosure of classified information or intelligence sources and 

methods would result from further investigation or prosecution, and the security 

of ongoing intelligence operations would not be jeopardized thereby, the Agency 

will report the matter to the federal investigative agency having jurisdiction over 

the criminal matter. A copy of that report must also be provided to the AAG, or 

designated Deputy AAG, Criminal Division.

(C) Where the Agency determines that further investigation or prosecution of a 

matter that must be specifically reported may result in a public disclosure of 

classified information or intelligence sources or methods or would jeopardize the 

security of ongoing intelligence operations, the Agency shall report the matter to 

the AAG or designated Deputy AAG, Criminal Division. A copy of that report 

must also be provided to the Assistant Director, Criminal Investigations or 

National Security Divisions, Federal Bureau of Investigation, or in the event that 

the principal investigative responsibility resides with a different federal 

investigative agency, to an appropriately cleared person of equivalent position in 

such agency. The Agency’s report should explain the security or operational 

problems that would or might arise from a criminal investigation or prosecution.

(D) Written documents associated with the reports submitted pursuant to this 

section may refer to persons who are the subjects of the reports by nonidentifying terms (such as “John Doe # ___”). The Agency shall advise the 
MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES 

869

Department of Justice or relevant federal investigative agency of the true 

identities of such persons if so requested.

(E) It is agreed that, in acting upon information reported in accordance with these 

procedures, the Agency, the Department of Justice and the relevant federal 

investigative agencies will deal with classified information, including sources 

and methods, in a manner consistent with the provisions of relevant statutes and 

Executive Orders, including the Classified Information Procedures Act.

IX. WHEN ROUTINE DISSEMINATION MAY BE USED IN LIEU OF A SPECIAL

CRIMES REPORT

(A) Except as set forth in IX.B, below, the Agency may report crimes 

information regarding non-employees to the Department of Justice by routine 

dissemination, provided that:

(1) the crimes information is of the type that is routinely disseminated by 

the Agency to headquarters elements of cognizant federal investigative 

agencies;

(2) the criminal activity is of a kind that is normally collected and 

disseminated to law enforcement by the Agency (e.g., drug trafficking, 

money laundering, terrorism, or sanctions violations); and

(3) the persons or entities involved are members of a class that are 

routinely the targets or objects of such collection and dissemination.

If all three of these conditions are met, the Agency may satisfy its crimes 

reporting obligation through routine dissemination to the Department of Justice, 

Criminal Division, and to all cognizant federal law enforcement agencies, which 

shall retain primary responsibility for review of disseminated information for

evidence of criminal activity. In all other cases, the special reporting procedures 

in Section VIII shall apply. As requested by the Department of Justice, the 

Agency will coordinate with the Department to facilitate the Department’s 

analytical capabilities as to the Agency’s routine dissemination of crimes 

information in compliance with this MOU.

(B) Routine dissemination, as discussed in IX.A, above, may not be used in lieu 

of the special reporting requirements set forth herein as to the following 

categories of criminal activities:

(1) Certain crimes involving the intentional infliction or threat of death 

or serious physical harm (VII.A.1, above);

(2) Espionage; sabotage; unauthorized disclosure of classified 

information; and seditious conspiracies to overthrow the government of 

the United States (VII.A.2.a, above); and

(3) Certain crimes involving foreign interference with the integrity of 

U.S. governmental institutions or processes (VII.A.3.b and c, above).
MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES 

870

X. OTHER AGENCY RESPONSIBILITIES

(A) The Agency shall develop internal procedures in accordance with the 

provisions of Sections VIII and IX for the reporting of criminal information by 

its employees as required under Sections IV.A and VI.A.

(B) The Agency shall also establish initial and continuing training to ensure that 

its employees engaged in the review and analysis of collected intelligence are 

knowledgeable of and in compliance with the provisions of this MOU.

XI. RELATION TO OTHER PROCEDURES AND AGREEMENTS

(A) If the Agency desires, for administrative or security reasons, to conduct a 

more extensive investigation into the activities of an employee relating to any 

matter reported pursuant to this MOU, it will inform the Department of Justice 

and the federal investigative agency to which the matter was reported. The 

Agency may also take appropriate administrative, disciplinary, or other adverse 

action at any time against any employee whose activities are reported under these 

procedures. However, such investigations or adverse actions shall be coordinated 

with the proper investigative or prosecuting officials to avoid prejudice to any 

criminal investigation or prosecution.

(B) Nothing in these procedures shall be construed to restrict the exchange of 

information among the Agencies in the Intelligence Community or between those 

Agencies and law enforcement entities other than the Department of Justice.

(C) This MOU supersedes all prior crimes reporting memoranda of 

understanding executed pursuant to the requirements of E.O. 12333. To the 

extent that there exist any conflicts between other Agency policies or directives 

and the provisions herein, such conflicts shall be resolved in accordance with the 

provisions of this MOU. However, this MOU shall not be construed to modify in 

any way the August 1984 Memorandum of Understanding between the 

Department of Defense and the Department of Justice relating to the 

investigation and prosecution of certain crimes.

(D) The parties understand and agree that nothing herein shall be construed to 

alter in any way the current routine dissemination by the Agency of intelligence 

information, including information regarding alleged criminal activities by any 

person, to the Department of Justice or to federal law enforcement agencies.

XII. MISCELLANEOUS

(A) This MOU shall become effective as to each agency below as of the date 

signed by the listed representative of that agency.

(B) The Intelligence-Law Enforcement Policy Board, within one year of the date 

of the effective date hereof, and as it deems appropriate thereafter, will appoint a 

working group consisting of an equal number of representatives from the
MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES 

871

intelligence and law enforcement communities, including the Criminal Division. 

That working group shall do the following:

(1) review the Agency’s implementation of Sections III.F and IV.B, 

hereof;

(2) consider whether the crimes reporting requirements of E.O. 12333 

and other authorities are being met through the operation of this MOU;

(3) review each of the provisions of this MOU and determine what, if 

any, modifications thereof should be recommended to the Policy Board, 

or its successor; and

(4) issue a report to the Policy Board of its findings and 

recommendations in each of the foregoing categories.

(C) The Policy Board in turn shall make recommendations to the Attorney 

General, the Director of Central Intelligence, and the heads of the affected 

agencies concerning any modifications to the MOU that it considers necessary.

-/S/-Janet Reno -/S/-William J. Perry

Attorney General Secretary of Defense

Date: August 3, 1995 Date: 11 AUG 1995

-/S/-John Deutch -/S/-JM McConnell

Director of Central Intelligence Director, National Security Agency

Date: 3 August 1995 Date: 22 Aug 1995

-/S/-Michael F. Munson -/S/-Toby T. Gati

Director, Defense Intelligence Assistant Secretary of State,

Intelligence Agency Intelligence and Research

Date: 2 Aug 1995 Date: 8/14/95

-/S/-Kenneth E. Baker

Director, Office Of Non-Proliferation

and National Security, 

Department of Energy

Date: 15 Aug 95
INTELLIGENCE COMMUNITY AND GOVERNMENT WEBSITES 

872

INTELLIGENCE COMMUNITY AND GOVERNMENT WEBSITES

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE: www.dni.gov

NATIONAL COUNTERTERRORISM CENTER: www.nctc.gov

NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER: www.ncsc.gov

PROGRAM MANAGER, INFORMATION SHARING ENVIRONMENT: www.ise.gov

INTELLIGENCE COMMUNITY LEGAL REFERENCE BOOK: www.dni.gov/ogc

IC ON THE RECORD: www.icontherecord.tumblr.com

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.oni.navy.mil

NCIS: www.ncis.navy.mil

MARINE CORPS: www.marines.mil

USMC INTELLIGENCE:

www.hqmc.marines.mil/intelligence/UnitHome.aspx

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
INTELLIGENCE COMMUNITY AND GOVERNMENT WEBSITES 

873

DEPARTMENT OF TREASURY: www.treasury.gov

DEPARTMENT OF HOMELAND SECURITY: www.dhs.gov

COAST GUARD: www.uscg.mil

HOMELAND SECURITY DIGITAL LIBRARY: www.hsdl.org

DEPARTMENT OF ENERGY: www.energy.gov

WHITE HOUSE: www.whitehouse.gov

U.S. SENATE: www.senate.gov

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.house.gov

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.congress.gov