2624 
In addition to any other authorities available 
under law for such purposes, the National In-
telligence Director, with the approval of the 
Director of the Office of Management and 
Budget— 
ø‘‘(A) 
may 
transfer 
funds 
appro-
priated for a program within the Na-
tional Intelligence Program to another 
such program; and 
ø‘‘(B) in accordance with procedures 
to be developed by the National Intel-
ligence Director and the heads of the de-
partments and agencies concerned, may 
transfer personnel authorized for an ele-
ment of the intelligence community to an-
other such element for periods up to one 
year. 
ø‘‘(2) The amounts available for transfer 
in the National Intelligence Program in any 
given fiscal year, and the terms and condi-
tions governing such transfers, are subject to 
the provisions of annual appropriations Acts 
and this subsection. 
ø‘‘(3)(A) A transfer of funds or personnel 
may be made under this subsection only if—
2625 
ø‘‘(i) the funds or personnel are being 
transferred to an activity that is a higher 
priority intelligence activity; 
ø‘‘(ii) the need for funds or personnel 
for such activity is based on unforeseen 
requirements; 
ø‘‘(iii) the transfer does not involve a 
transfer of funds to the Reserve for Con-
tingencies of the Central Intelligence 
Agency; 
ø‘‘(iv) in the case of a transfer of 
funds, the transfer results in a cumu-
lative transfer of funds out of any depart-
ment or agency, as appropriate, funded 
in the National Intelligence Program in a 
single fiscal year— 
ø‘‘(I) that is less than $100,000,000, 
and 
ø‘‘(II) that is less than 5 percent of 
amounts available to a department or 
agency under the National Intel-
ligence Program; and 
ø‘‘(v) the transfer does not terminate 
a program.
2626 
ø‘‘(B) A transfer may be made without re-
gard 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 or 
agency involved. The authority to provide 
such concurrence may only be delegated by 
the head of the department or agency in-
volved to the deputy of such officer. 
ø‘‘(4) Funds transferred under this sub-
section shall remain available for the same 
period as the appropriations account to 
which transferred. 
ø‘‘(5) Any transfer of funds under this sub-
section shall be carried out in accordance 
with existing procedures applicable to re-
programming notifications for the appro-
priate congressional committees. Any pro-
posed transfer for which notice is given to the 
appropriate congressional committees shall 
be accompanied by a report explaining the 
nature of the proposed transfer and how it 
satisfies the requirements of this subsection. 
In addition, the congressional intelligence 
committees shall be promptly notified of any 
transfer of funds made pursuant to this sub-
2627 
section in any case in which the transfer 
would 
not 
have 
otherwise 
required 
re-
programming notification under procedures 
in effect as of the date of the enactment of this 
subsection. 
ø‘‘(6)(A) The National Intelligence Direc-
tor shall promptly submit to— 
ø‘‘(i) the congressional intelligence 
committees, 
ø‘‘(ii) in the case of the transfer of 
personnel to or from the Department of 
Defense, the Committee on Armed Serv-
ices of the Senate and the Committee on 
Armed Services of the House of Rep-
resentatives, and 
ø‘‘(iii) in the case of the transfer of 
personnel to or from the Department of 
Justice, to the Committees on the Judici-
ary of the Senate and the House of Rep-
resentatives, 
a report on any transfer of personnel made 
pursuant to this subsection. 
ø‘‘(B) The Director shall include in any 
such report an explanation of the nature of
2628 
the transfer and how it satisfies the require-
ments of this subsection. 
ø‘‘(f) TASKING
AND OTHER AUTHORITIES.— 
(1)(A) The National Intelligence Director 
shall— 
ø‘‘(i) develop collection objectives, 
priorities, and guidance for the intel-
ligence 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 na-
tional intelligence; 
ø‘‘(ii) determine and establish re-
quirements and priorities for, and man-
age and direct the tasking of, collection, 
analysis, production, and dissemination 
of national intelligence by elements of 
the intelligence community, including— 
ø‘‘(I) approving requirements for 
collection and analysis, and
2629 
ø‘‘(II) resolving conflicts in collec-
tion requirements and in the tasking 
of national collection assets of the 
elements of the intelligence commu-
nity; and 
ø‘‘(iii) provide advisory tasking to in-
telligence elements of those agencies and 
departments not within the National In-
telligence Program. 
ø‘‘(B) The authority of the National Intel-
ligence Director under subparagraph (A) shall 
not apply— 
ø‘‘(i) insofar as the President so di-
rects; 
ø‘‘(ii) with respect to clause (ii) of 
subparagraph (A), insofar as the Sec-
retary of Defense exercises tasking au-
thority under plans or arrangements 
agreed upon by the Secretary of Defense 
and the National Intelligence Director; or 
ø‘‘(iii) to the direct dissemination of 
information to State government and 
local government officials and private 
sector entities pursuant to sections 201
2630 
and 892 of the Homeland Security Act of 
2002 (6 U.S.C. 121, 482). 
ø‘‘(2) The National Intelligence Director 
shall oversee the National counterterrorism 
Center and may establish such other national 
intelligence centers as the Director deter-
mines necessary. 
ø‘‘(3)(A) The National Intelligence Direc-
tor shall prescribe community-wide personnel 
policies that— 
ø‘‘(i) 
facilitate 
assignments 
across 
community elements and to the intel-
ligence centers; 
ø‘‘(ii) establish overarching standards 
for intelligence education and training; 
and 
ø‘‘(iii) promote the most effective 
analysis and collection of intelligence by 
ensuring a diverse workforce, including 
the recruitment and training of women, 
minorities, and individuals with diverse, 
ethnic, and linguistic backgrounds. 
ø‘‘(B) In developing the policies pre-
scribed under subparagraph (A), the National 
Intelligence Director shall consult with the
2631 
heads of the departments containing the ele-
ments of the intelligence community. 
ø‘‘(C) Policies prescribed under subpara-
graph (A) shall not be inconsistent with the 
personnel policies otherwise applicable to 
members of the uniformed services. 
ø‘‘(4) The National Intelligence Director 
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 intel-
ligence community through the host execu-
tive departments that manage the programs 
and activities that are part of the National In-
telligence Program. 
ø‘‘(5) The National Intelligence Director 
shall ensure the elimination of waste and un-
necessary duplication within the intelligence 
community. 
ø‘‘(6) The National Intelligence Director 
shall perform such other functions as the 
President may direct. 
Nothing in this Act shall be construed as af-
fecting the role of the Department of Justice 
or the Attorney General with respect to appli-
2632 
cations under the Foreign Intelligence Sur-
veillance Act of 1978. 
ø‘‘(g) INTELLIGENCE
INFORMATION
SHAR-
ING.—(1) The National Intelligence Director 
shall have principal authority to ensure max-
imum availability of and access to intelligence 
information within the intelligence commu-
nity consistent with national security require-
ments. The National Intelligence Director 
shall— 
ø‘‘(A) 
establish 
uniform 
security 
standards and procedures; 
ø‘‘(B) establish common information 
technology 
standards, 
protocols, 
and 
interfaces; 
ø‘‘(C) ensure development of informa-
tion technology systems that include 
multi-level security and intelligence inte-
gration capabilities; and 
ø‘‘(D) establish policies and proce-
dures to resolve conflicts between the 
need to share intelligence information 
and the need to protect intelligence 
sources and methods.
2633 
ø‘‘(2) The President shall ensure that the 
National Intelligence Director has all nec-
essary support and authorities to fully and ef-
fectively implement paragraph (1). 
ø‘‘(3) Except as otherwise directed by the 
President or with the specific written agree-
ment 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, assess-
ment, 
or 
other 
material 
(including 
unevaluated intelligence information) to that 
department or agency solely by virtue of hav-
ing provided that information, report, assess-
ment, or other material to the National Intel-
ligence Director or the National counter-
terrorism Center. 
ø‘‘(4) Not later than February 1 of each 
year, the National Intelligence Director shall 
submit to the President and to the Congress 
an annual report that identifies any statute, 
regulation, policy, or practice that the Direc-
tor believes impedes the ability of the Direc-
tor to fully and effectively implement para-
graph (1).
2634 
ø‘‘(h) ANALYSIS.—(1) The National Intel-
ligence Director shall ensure that all elements 
of the intelligence community strive for the 
most accurate analysis of intelligence derived 
from all sources to support national security 
needs. 
ø‘‘(2) The National Intelligence Director 
shall ensure that intelligence analysis gen-
erally receives the highest priority when dis-
tributing resources within the intelligence 
community and shall carry out duties under 
this subsection in a manner that— 
ø‘‘(A) 
develops 
all-source 
analysis 
techniques; 
ø‘‘(B) ensures competitive analysis; 
ø‘‘(C) ensures that differences in judg-
ment are fully considered and brought to 
the attention of policymakers; and 
ø‘‘(D) builds relationships between in-
telligence collectors and analysts to fa-
cilitate greater understanding of the 
needs of analysts. 
ø‘‘(i) 
PROTECTION
OF
INTELLIGENCE 
SOURCES AND METHODS.—(1) In order to pro-
tect intelligence sources and methods from
2635 
unauthorized disclosure and, consistent with 
that protection, to maximize the dissemina-
tion of intelligence, the National Intelligence 
Director shall establish and implement guide-
lines for the intelligence community for the 
following purposes: 
ø‘‘(A) Classification of information. 
ø‘‘(B) Access to and dissemination of 
intelligence, both in final form and in the 
form when initially gathered. 
ø‘‘(C) 
Preparation 
of 
intelligence 
products in such a way that source infor-
mation is removed to allow for dissemina-
tion at the lowest level of classification 
possible or in unclassified form to the ex-
tent practicable. 
ø‘‘(2) The Director may only delegate a 
duty or authority given the Director under 
this subsection to the Deputy National Intel-
ligence Director. 
ø‘‘(j) UNIFORM PROCEDURES FOR SENSITIVE 
COMPARTMENTED
INFORMATION.—The 
Presi-
dent, acting through the National Intelligence 
Director, shall—
2636 
ø‘‘(1) establish uniform standards and 
procedures for the grant of access to sen-
sitive compartmented information to any 
officer or employee of any agency or de-
partment of the United States and to em-
ployees of contractors of those agencies 
or departments; 
ø‘‘(2) ensure the consistent implemen-
tation of those standards and procedures 
throughout such agencies and depart-
ments; 
ø‘‘(3) ensure that security clearances 
granted by individual elements of the in-
telligence community are recognized by 
all elements of the intelligence commu-
nity, and under contracts entered into by 
those agencies; and 
ø‘‘(4) ensure that the process for in-
vestigation and adjudication of an appli-
cation for access to sensitive compart-
mented information is performed in the 
most expeditious manner possible con-
sistent with applicable standards for na-
tional security.
2637 
ø‘‘(k) COORDINATION WITH FOREIGN GOV-
ERNMENTS.—Under the direction of the Presi-
dent and in a manner consistent with section 
207 of the Foreign Service Act of 1980 (22 
U.S.C. 3927), the National Intelligence Direc-
tor shall oversee the coordination of the rela-
tionships between elements of the intel-
ligence community and the intelligence or se-
curity services of foreign governments on all 
matters involving intelligence related to the 
national security or involving intelligence ac-
quired through clandestine means. 
ø‘‘(l) 
ENHANCED
PERSONNEL
MANAGE-
MENT.—(1)(A) The National Intelligence Direc-
tor shall, under regulations prescribed by the 
Director, provide incentives for personnel of 
elements of the intelligence community to 
serve— 
ø‘‘(i) on the staff of the National Intel-
ligence Director; 
ø‘‘(ii) on the staff of the national intel-
ligence centers; 
ø‘‘(iii) on the staff of the National 
counterterrorism Center; and
2638 
ø‘‘(iv) in other positions in support of 
the intelligence community management 
functions of the Director. 
ø‘‘(B) Incentives under subparagraph (A) 
may include financial incentives, bonuses, 
and such other awards and incentives as the 
Director considers appropriate. 
ø‘‘(2)(A) Notwithstanding any other provi-
sion of law, the personnel of an element of the 
intelligence community who are assigned or 
detailed under paragraph (1)(A) to service 
under the National Intelligence Director shall 
be promoted at rates equivalent to or better 
than personnel of such element who are not 
so assigned or detailed. 
ø‘‘(B) The Director may prescribe regula-
tions to carry out this section. 
ø‘‘(3)(A) The National Intelligence Direc-
tor 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 pos-
sible understanding by such personnel of the
2639 
variety of intelligence requirements, methods, 
users, and capabilities. 
ø‘‘(B) The mechanisms prescribed under 
subparagraph (A) may include the following: 
ø‘‘(i) The establishment of special oc-
cupational categories involving service, 
over the course of a career, in more than 
one element of the intelligence commu-
nity. 
ø‘‘(ii) The provision of rewards for 
service in positions undertaking analysis 
and planning of operations involving two 
or more elements of the intelligence com-
munity. 
ø‘‘(iii) The establishment of require-
ments for education, training, service, 
and evaluation that involve service in 
more than one element of the intelligence 
community. 
ø‘‘(C) It is the sense of Congress that the 
mechanisms prescribed under this subsection 
should, to the extent practical, seek to dupli-
cate for civilian personnel within the intel-
ligence community the joint officer manage-
ment policies established by chapter 38 of
2640 
title 10, United States Code, and the other 
amendments made by title IV of the Gold-
water-Nichols Department of Defense Reorga-
nization Act of 1986 (Public Law 99–433). 
ø‘‘(4)(A) This subsection shall not apply 
with respect to personnel of the elements of 
the intelligence community who are members 
of the uniformed services or law enforcement 
officers (as that term is defined in section 
5541(3) of title 5, United States Code). 
ø‘‘(B) Assignment to the Office of the Na-
tional Intelligence Director of commissioned 
officers of the Armed Forces shall be consid-
ered a joint-duty assignment for purposes of 
the joint officer management policies pre-
scribed by chapter 38 of title 10, United States 
Code, and other provisions of that title. 
ø‘‘(m) ADDITIONAL
AUTHORITY
WITH
RE-
SPECT TO PERSONNEL.—(1) In addition to the 
authorities under subsection (f)(3), the Na-
tional Intelligence Director may exercise with 
respect to the personnel of the Office of the 
National Intelligence Director any authority 
of the Director of the Central Intelligence 
Agency with respect to the personnel of the
2641 
Central Intelligence Agency under the Cen-
tral Intelligence Agency Act of 1949 (50 U.S.C. 
403a et seq.), and other applicable provisions 
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. 
ø‘‘(2) Employees and applicants for em-
ployment of the Office of the National Intel-
ligence Director shall have the same rights 
and protections under the Office of the Na-
tional Intelligence Director 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. 
ø‘‘(n) ACQUISITION
AUTHORITIES.—(1) In 
carrying out the responsibilities and authori-
ties under this section, the National Intel-
ligence Director may exercise the acquisition 
authorities referred to in the Central Intel-
ligence Agency Act of 1949 (50 U.S.C. 403a et 
seq.).
2642 
ø‘‘(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 National In-
telligence Director or the Deputy National In-
telligence Director. 
ø‘‘(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. 
ø‘‘(B) Except as provided in subparagraph 
(C), the National Intelligence Director or the 
Deputy National Intelligence Director may, in 
such official’s discretion, delegate to any offi-
cer or other official of the Office of the Na-
tional Intelligence Director any authority to 
make a determination or decision as the head 
of the agency under an authority referred to 
in paragraph (1). 
ø‘‘(C) The limitations and conditions set 
forth in section 3(d) of the Central Intel-
ligence Agency Act of 1949 (50 U.S.C. 403c(d)) 
shall apply to the exercise by the National In-
2643 
telligence Director of an authority referred to 
in paragraph (1). 
ø‘‘(D) Each determination or decision re-
quired by an authority referred to in the sec-
ond sentence of section 3(d) of the Central In-
telligence 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 National In-
telligence Director for a period of at least six 
years following the date of such determina-
tion or decision. 
ø‘‘(o) CONSIDERATION
OF VIEWS
OF ELE-
MENTS OF THE INTELLIGENCE COMMUNITY.—In 
carrying out the duties and responsibilities 
under this section, the National Intelligence 
Director shall take into account the views of 
a head of a department containing an element 
of the intelligence community and of the Di-
rector of the Central Intelligence Agency. 
ø‘‘OFFICE OF THE NATIONAL INTELLIGENCE 
DIRECTOR 
ø‘‘SEC. 103. (a) ESTABLISHMENT OF OFFICE; 
FUNCTION.—(1) There is an Office of the Na-
tional Intelligence Director. The Office of the
2644 
National Intelligence Director shall not be lo-
cated within the Executive Office of the Presi-
dent. 
ø‘‘(2) The function of the Office is to assist 
the National Intelligence Director in carrying 
out the duties and responsibilities of the Di-
rector under this Act and to carry out such 
other duties as may be prescribed by the 
President or by law. 
ø‘‘(3) Any authority, power, or function 
vested by law in any officer, employee, or part 
of the Office of the National Intelligence Di-
rector is vested in, or may be exercised by, the 
National Intelligence Director. 
ø‘‘(4) Exemptions, exceptions, and exclu-
sions for the Central Intelligence Agency or 
for personnel, resources, or activities of such 
Agency from otherwise applicable laws, other 
than the exception contained in section 
104A(c)(1) shall apply in the same manner to 
the Office of the National Intelligence Direc-
tor and the personnel, resources, or activities 
of such Office. 
ø‘‘(b) OFFICE
OF NATIONAL INTELLIGENCE 
DIRECTOR.—(1) The Office of the National In-
2645 
telligence Director is composed of the fol-
lowing: 
ø‘‘(A) The National Intelligence Direc-
tor. 
ø‘‘(B) The Deputy National Intel-
ligence Director. 
ø‘‘(C) The Deputy National Intel-
ligence Director for Operations. 
ø‘‘(D) The Deputy National Intel-
ligence Director for Community Manage-
ment and Resources. 
ø‘‘(E) The Associate National Intel-
ligence Director for Military Support. 
ø‘‘(F) The Associate National Intel-
ligence Director for Domestic Security. 
ø‘‘(G) The Associate National Intel-
ligence Director for Diplomatic Affairs. 
ø‘‘(H) The National Intelligence Coun-
cil. 
ø‘‘(I) The General Counsel to the Na-
tional Intelligence Director. 
ø‘‘(J) Such other offices and officials 
as may be established by law or the Na-
tional Intelligence Director may establish 
or designate in the Office.
2646 
ø‘‘(2) To assist the National Intelligence 
Director in fulfilling the duties and respon-
sibilities of the Director, the Director shall 
employ and utilize in the Office of the Na-
tional Intelligence Director a staff having ex-
pertise in matters relating to such duties and 
responsibilities and may establish permanent 
positions and appropriate rates of pay with 
respect to such staff. 
ø‘‘(c) DEPUTY NATIONAL INTELLIGENCE DI-
RECTOR.—(1) There is a Deputy National Intel-
ligence Director who shall be appointed by 
the President, by and with the advice and 
consent of the Senate. 
ø‘‘(2) The Deputy National Intelligence Di-
rector shall assist the National Intelligence 
Director in carrying out the responsibilities 
of the National Intelligence Director under 
this Act. 
ø‘‘(3) The Deputy National Intelligence Di-
rector shall act for, and exercise the powers 
of, the National Intelligence Director during 
the absence or disability of the National Intel-
ligence Director or during a vacancy in the 
position of the National Intelligence Director.
2647 
ø‘‘(4) The Deputy National Intelligence Di-
rector takes precedence in the Office of the 
National Intelligence Director immediately 
after the National Intelligence Director. 
ø‘‘(d) DEPUTY NATIONAL INTELLIGENCE DI-
RECTOR FOR OPERATIONS.—(1) There is a Dep-
uty National Intelligence Director for Oper-
ations. 
ø‘‘(2) The Deputy National Intelligence Di-
rector for Operations shall— 
ø‘‘(A) assist the National Intelligence 
Director in all aspects of intelligence op-
erations, including intelligence tasking, 
requirements, collection, and analysis; 
ø‘‘(B) assist the National Intelligence 
Director in overseeing the national intel-
ligence centers; and 
ø‘‘(C) perform such other duties and 
exercise such powers as National Intel-
ligence Director may prescribe. 
ø‘‘(e) DEPUTY NATIONAL INTELLIGENCE DI-
RECTOR FOR COMMUNITY MANAGEMENT AND RE-
SOURCES.—(1) There is a Deputy National In-
telligence Director for Community Manage-
ment and Resources.
2648 
ø‘‘(2) The Deputy National Intelligence Di-
rector for Community Management and Re-
sources shall— 
ø‘‘(A) assist the National Intelligence 
Director in all aspects of management 
and resources, including administration, 
budgeting, 
information 
security, 
per-
sonnel, training, and programmatic func-
tions; and 
ø‘‘(B) perform such other duties and 
exercise such powers as the National In-
telligence Director may prescribe. 
ø‘‘(f) ASSOCIATE NATIONAL INTELLIGENCE DI-
RECTOR FOR MILITARY SUPPORT.—(1) There is 
an Associate National Intelligence Director 
for Military Support who shall be appointed 
by the National Intelligence Director, in con-
sultation with the Secretary of Defense. 
ø‘‘(2) The Associate National Intelligence 
Director for Military Support shall— 
ø‘‘(A) ensure that the intelligence 
needs of the Department of Defense are 
met; and
2649 
ø‘‘(B) perform such other duties and 
exercise such powers as the National In-
telligence Director may prescribe. 
ø‘‘(g) ASSOCIATE
NATIONAL
INTELLIGENCE 
DIRECTOR FOR DOMESTIC SECURITY.—(1) There 
is an Associate National Intelligence Director 
for Domestic Security who shall be appointed 
by the National Intelligence Director in con-
sultation with the Attorney General and the 
Secretary of Homeland Security. 
ø‘‘(2) The Associate National Intelligence 
Director for Domestic Security shall— 
ø‘‘(A) ensure that the intelligence 
needs of the Department of Justice, the 
Department of Homeland Security, and 
other relevant executive departments 
and agencies are met; and 
ø‘‘(B) perform such other duties and 
exercise such powers as the National In-
telligence Director may prescribe, except 
that the National Intelligence Director 
may not make such officer responsible 
for disseminating any domestic or home-
land security information to State gov-
2650 
ernment or local government officials or 
any private sector entity. 
ø‘‘(h) ASSOCIATE NATIONAL INTELLIGENCE 
DIRECTOR FOR DIPLOMATIC AFFAIRS.—(1) There 
is an Associate National Intelligence Director 
for Diplomatic Affairs who shall be appointed 
by the National Intelligence Director in con-
sultation with the Secretary of State. 
ø‘‘(2) The Associate National Intelligence 
Director for Diplomatic Affairs shall— 
ø‘‘(A) ensure that the intelligence 
needs of the Department of State are met; 
and 
ø‘‘(B) perform such other duties and 
exercise such powers as the National In-
telligence Director may prescribe. 
ø‘‘(i) MILITARY STATUS
OF DIRECTOR
AND 
DEPUTY DIRECTORS.—(1) Not more than one of 
the individuals serving in the positions speci-
fied in paragraph (2) may be a commissioned 
officer of the Armed Forces in active status. 
ø‘‘(2) The positions referred to in this 
paragraph are the following: 
ø‘‘(A) The National Intelligence Direc-
tor.
2651 
ø‘‘(B) The Deputy National Intel-
ligence Director. 
ø‘‘(3) It is the sense of Congress that, 
under ordinary circumstances, it is desirable 
that one of the individuals serving in the posi-
tions specified in paragraph (2)— 
ø‘‘(A) be a commissioned officer of the 
Armed Forces, in active status; or 
ø‘‘(B) have, by training or experience, 
an appreciation of military intelligence 
activities and requirements. 
ø‘‘(4) A commissioned officer of the Armed 
Forces, while serving in a position specified 
in paragraph (2)— 
ø‘‘(A) shall not be subject to super-
vision or control by the Secretary of De-
fense or by any officer or employee of the 
Department of Defense; 
ø‘‘(B) shall not exercise, by reason of 
the officer’s status as a commissioned of-
ficer, any supervision or control with re-
spect to any of the military or civilian 
personnel of the Department of Defense 
except as otherwise authorized by law; 
and
2652 
ø‘‘(C) shall not be counted against the 
numbers and percentages of commis-
sioned officers of the rank and grade of 
such officer authorized for the military 
department of that officer. 
ø‘‘(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, per-
quisite, right, privilege, or benefit incident to 
or arising out of such status, position, rank, 
or grade. 
ø‘‘(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 mili-
tary 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 National Intelligence Director.
2653 
ø‘‘(j) NATIONAL INTELLIGENCE COUNCIL.—(1) 
Within the Office of the Deputy National In-
telligence Director for Operations, there is a 
National Intelligence Council. 
ø‘‘(2)(A) 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 and report to the 
Deputy National Intelligence Director for Op-
erations. 
ø‘‘(B) The Director shall prescribe appro-
priate security requirements for personnel 
appointed from the private sector as a condi-
tion of service on the Council, or as contrac-
tors of the Council or employees of such con-
tractors, to ensure the protection of intel-
ligence sources and methods while avoiding, 
wherever possible, unduly intrusive require-
ments which the Director considers to be un-
necessary for this purpose. 
ø‘‘(3) The National Intelligence Council 
shall— 
ø‘‘(A) produce national intelligence 
estimates for the United States Govern-
2654 
ment, which shall include as a part of 
such estimates in their entirety, alter-
native views, if any, held by elements of 
the intelligence community; 
ø‘‘(B) evaluate community-wide col-
lection and production of intelligence by 
the intelligence community and the re-
quirements and resources of such collec-
tion and production; and 
ø‘‘(C) otherwise assist the National In-
telligence Director in carrying out the re-
sponsibility of the National Intelligence 
Director to provide national intelligence. 
ø‘‘(4) Within their respective areas of ex-
pertise and under the direction of the Deputy 
National Intelligence Director for Operations, 
the members of the National Intelligence 
Council shall constitute the senior intel-
ligence advisers of the intelligence commu-
nity for purposes of representing the views of 
the intelligence community within the United 
States Government. 
ø‘‘(5) Subject to the direction and control 
of the Deputy National Intelligence Director 
for Operations, the National Intelligence
2655 
Council may carry out its responsibilities 
under this section by contract, including con-
tracts for substantive experts necessary to as-
sist the Council with particular assessments 
under this subsection. 
ø‘‘(6) The Deputy National Intelligence Di-
rector for Operations shall make available to 
the National Intelligence Council such per-
sonnel as may be necessary to permit the 
Council to carry out its responsibilities under 
this section. 
ø‘‘(7) The heads of the elements of the in-
telligence community shall, as appropriate, 
furnish such support to the National Intel-
ligence Council, including the preparation of 
intelligence analyses, as may be required by 
the National Intelligence Director. 
ø‘‘(k) GENERAL COUNSEL TO THE NATIONAL 
INTELLIGENCE DIRECTOR.—(1) There is a Gen-
eral Counsel to the National Intelligence Di-
rector. 
ø‘‘(2) The individual serving in the posi-
tion of General Counsel to the National Intel-
ligence Director may not, while so serving,
2656 
also serve as the General Counsel of any other 
agency or department of the United States. 
ø‘‘(3) The General Counsel to the National 
Intelligence Director is the chief legal officer 
for the National Intelligence Director. 
ø‘‘(4) The General Counsel to the National 
Intelligence Director shall perform such func-
tions as the National Intelligence Director 
may prescribe. 
ø‘‘(l) INTELLIGENCE COMMUNITY INFORMA-
TION TECHNOLOGY OFFICER.—(1) There is an In-
telligence 
Community 
Information 
Tech-
nology Officer who shall be appointed by the 
National Intelligence Director. 
ø‘‘(2) The mission of the Intelligence Com-
munity Information Technology Officer is to 
assist the National Intelligence Director in en-
suring the sharing of information in the full-
est and most prompt manner between and 
among elements of the intelligence commu-
nity consistent with section 102A(g). 
ø‘‘(3) The Intelligence Community Infor-
mation Technology Officer shall— 
ø‘‘(A) assist the Deputy National Intel-
ligence Director for Community Manage-
2657 
ment and Resources in developing and 
implementing an integrated information 
technology network; 
ø‘‘(B) develop an enterprise architec-
ture for the intelligence community and 
assist the Deputy National Intelligence 
Director 
for 
Community 
Management 
and Resources in ensuring that elements 
of the intelligence community comply 
with such architecture; 
ø‘‘(C) have procurement approval au-
thority over all enterprise architecture- 
related 
information 
technology 
items 
funded in the National Intelligence Pro-
gram; 
ø‘‘(D) ensure that all such elements 
have the most direct and continuous elec-
tronic access to all information (includ-
ing unevaluated intelligence consistent 
with existing laws and the guidelines re-
ferred to in section 102A(b)) necessary for 
appropriately cleared analysts to conduct 
comprehensive all-source analysis and 
for appropriately cleared policymakers to 
perform their duties—
2658 
ø‘‘(i) directly, in the case of the 
elements of the intelligence commu-
nity within the National Intelligence 
Program, and 
ø‘‘(ii) in conjunction with the Sec-
retary of Defense and other applica-
ble heads of departments with intel-
ligence elements outside the National 
Intelligence Program; 
ø‘‘(E) 
review 
and 
provide 
rec-
ommendations to the Deputy National In-
telligence Director for Community Man-
agement and Resources on National Intel-
ligence Program budget requests for in-
formation technology and national secu-
rity systems; 
ø‘‘(F) assist the Deputy National Intel-
ligence Director for Community Manage-
ment and Resources in promulgating and 
enforcing standards on information tech-
nology and national security systems that 
apply throughout the elements of the in-
telligence community; 
ø‘‘(G) ensure that within and between 
the elements of the National Intelligence
2659 
Program, duplicative and unnecessary in-
formation technology and national secu-
rity systems are eliminated; and 
ø‘‘(H) pursuant to the direction of the 
National Intelligence Director, consult 
with the Director of the Office of Manage-
ment and Budget to ensure that the Of-
fice of the National Intelligence Director 
coordinates and complies with national 
security requirements consistent with ap-
plicable law, Executive orders, and guid-
ance; and 
ø‘‘(I) perform such other duties with 
respect to the information systems and 
information technology of the Office of 
the National Intelligence Director as may 
be prescribed by the Deputy National In-
telligence Director for Community Man-
agement and Resources or specified by 
law. 
ø‘‘CENTRAL INTELLIGENCE AGENCY 
ø‘‘SEC. 104. (a) CENTRAL
INTELLIGENCE 
AGENCY.—There is a Central Intelligence 
Agency. 
ø‘‘(b) FUNCTION.—The function of the Cen-
tral Intelligence Agency is to assist the Direc-
2660 
tor of the Central Intelligence Agency in car-
rying out the responsibilities specified in sec-
tion 104A(c). 
ø‘‘DIRECTOR OF THE CENTRAL INTELLIGENCE 
AGENCY 
ø‘‘SEC. 104A. (a) DIRECTOR OF CENTRAL IN-
TELLIGENCE 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. The Direc-
tor shall be under the authority, direction, 
and control of the National Intelligence Direc-
tor, except as otherwise determined by the 
President. 
ø‘‘(b) DUTIES.—In the capacity as Director 
of the Central Intelligence Agency, the Direc-
tor of the Central Intelligence Agency shall— 
ø‘‘(1) carry out the responsibilities 
specified in subsection (c); and 
ø‘‘(2) serve as the head of the Central 
Intelligence Agency. 
ø‘‘(c) RESPONSIBILITIES.—The Director of 
the Central Intelligence Agency shall— 
ø‘‘(1) 
collect 
intelligence 
through 
human sources and by other appropriate 
means, except that the Director of the
2661 
Central Intelligence Agency shall have no 
police, subpoena, or law enforcement 
powers or internal security functions; 
ø‘‘(2) provide overall direction for the 
collection of national intelligence over-
seas or outside of the United States 
through human sources by elements of 
the intelligence community authorized to 
undertake such collection and, in coordi-
nation with other agencies of the Govern-
ment which are authorized to undertake 
such collection, ensure that the most ef-
fective use is made of resources and that 
the risks to the United States and those 
involved in such collection are mini-
mized; 
ø‘‘(3) correlate and evaluate intel-
ligence related to the national security 
and provide appropriate dissemination of 
such intelligence; 
ø‘‘(4) perform such additional services 
as are of common concern to the ele-
ments of the intelligence community, 
which services the National Intelligence
2662 
Director determines can be more effi-
ciently accomplished centrally; and 
ø‘‘(5) perform such other functions 
and duties related to intelligence affect-
ing the national security as the President 
or the National Intelligence Director may 
direct. 
ø‘‘(d) DEPUTY DIRECTOR OF THE CENTRAL IN-
TELLIGENCE AGENCY.—There is a Deputy Direc-
tor of the Central Intelligence Agency who 
shall be appointed by the President. The Dep-
uty Director shall perform such functions as 
the Director may prescribe and shall perform 
the duties of the Director during the Direc-
tor’s absence or disability or during a vacancy 
in the position of the Director of the Central 
Intelligence Agency. 
ø‘‘(e) TERMINATION OF EMPLOYMENT OF CIA 
EMPLOYEES.—(1) Notwithstanding the provi-
sions of any other law, the Director of the 
Central Intelligence Agency may, in the dis-
cretion of the Director, terminate the employ-
ment of any officer or employee of the Central 
Intelligence Agency whenever the Director 
considers the termination of employment of
2663 
such officer or employee necessary or advis-
able in the interests of the United States. 
ø‘‘(2) Any termination of employment of 
an officer or employee under paragraph (1) 
shall not affect the right of the officer or em-
ployee 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 Per-
sonnel Management.’’. 
ø(b) FIRST DIRECTOR.—(1) When the Senate 
receives the nomination of a person for the 
initial appointment by the President for the 
position of National Intelligence Director, it 
shall consider and dispose of such nomination 
within a period of 30 legislative days. 
ø(2) If the Senate does not dispose of such 
nomination referred to in paragraph (1) with-
in such period— 
ø(A) Senate confirmation is not re-
quired; and 
ø(B) the appointment of such nomi-
nee as National Intelligence Director 
takes effect upon administration of the 
oath of office.
2664 
ø(3) For the purposes of this subsection, 
the term ‘‘legislative day’’ means a day on 
which the Senate is in session. 
øSEC. 1012. REVISED DEFINITION OF NATIONAL INTEL-
LIGENCE. 
øParagraph (5) of section 3 of the National 
Security Act of 1947 (50 U.S.C. 401a) is amend-
ed to read as follows: 
ø‘‘(5) The terms ‘national intelligence’ 
and ‘intelligence related to national secu-
rity’ refer to all intelligence, regardless of 
the source from which derived and in-
cluding information gathered within or 
outside the United States, that— 
ø‘‘(A) pertains, as determined con-
sistent with any guidance issued by 
the President, to more than one 
United States Government agency; 
and 
ø‘‘(B) that involves— 
ø‘‘(i) threats to the United 
States, its people, property, or in-
terests;
2665 
ø‘‘(ii) the development, pro-
liferation, or use of weapons of 
mass destruction; or 
ø‘‘(iii) any other matter bear-
ing on United States national or 
homeland security.’’. 
øSEC. 1013. JOINT PROCEDURES FOR OPERATIONAL CO-
ORDINATION BETWEEN DEPARTMENT OF DE-
FENSE AND CENTRAL INTELLIGENCE AGEN-
CY. 
ø(a) DEVELOPMENT
OF PROCEDURES.—The 
National Intelligence Director, in consulta-
tion with the Secretary of Defense and the Di-
rector of the Central Intelligence Agency, 
shall develop joint procedures to be used by 
the Department of Defense and the Central 
Intelligence Agency to improve the coordina-
tion and deconfliction of operations that in-
volve elements of both the Armed Forces and 
the Central Intelligence Agency consistent 
with national security and the protection of 
human intelligence sources and methods. 
Those procedures shall, at a minimum, pro-
vide the following:
2666 
ø(1) Methods by which the Director of 
the Central Intelligence Agency and the 
Secretary of Defense can improve com-
munication and coordination in the plan-
ning, execution, and sustainment of oper-
ations, including, as a minimum— 
ø(A) information exchange be-
tween senior officials of the Central 
Intelligence Agency and senior offi-
cers and officials of the Department 
of Defense when planning for such an 
operation commences by either orga-
nization; and 
ø(B) exchange of information be-
tween the Secretary and the Director 
of the Central Intelligence Agency to 
ensure that senior operational offi-
cials in both the Department of De-
fense and the Central Intelligence 
Agency have knowledge of the exist-
ence of the ongoing operations of the 
other. 
ø(2) 
When 
appropriate, 
in 
cases 
where the Department of Defense and the 
Central Intelligence Agency are con-
2667 
ducting separate missions in the same 
geographical area, mutual agreement on 
the tactical and strategic objectives for 
the region and a clear delineation of 
operational responsibilities to prevent 
conflict and duplication of effort. 
ø(b) IMPLEMENTATION REPORT.—Not later 
than 180 days after the date of the enactment 
of the Act, the National Intelligence Director 
shall submit to the congressional defense 
committees (as defined in section 101 of title 
10, United States Code) and the congressional 
intelligence committees (as defined in section 
3(7) of the National Security Act of 1947 (50 
U.S.C. 401a(7))) a report describing the proce-
dures established pursuant to subsection (a) 
and the status of the implementation of those 
procedures. 
øSEC. 1014. ROLE OF NATIONAL INTELLIGENCE DIRECTOR 
IN APPOINTMENT OF CERTAIN OFFICIALS RE-
SPONSIBLE FOR INTELLIGENCE-RELATED AC-
TIVITIES. 
øSection 106 of the National Security Act 
of 1947 (50 U.S.C. 403–6) is amended by strik-
2668 
ing all after the heading and inserting the fol-
lowing: 
ø‘‘(a) RECOMMENDATION OF NID IN CERTAIN 
APPOINTMENTS.—(1) In the event of a vacancy 
in a position referred to in paragraph (2), the 
National 
Intelligence 
Director 
shall 
rec-
ommend to the President an individual for 
nomination to fill the vacancy. 
ø‘‘(2) Paragraph (1) applies to the fol-
lowing positions: 
ø‘‘(A) The Deputy National Intel-
ligence Director. 
ø‘‘(B) The Director of the Central In-
telligence Agency. 
ø‘‘(b) CONCURRENCE
OF NID IN APPOINT-
MENTS TO POSITIONS IN THE INTELLIGENCE COM-
MUNITY.—(1) In the event of a vacancy in a po-
sition referred to in paragraph (2), the head 
of the department or agency having jurisdic-
tion over the position shall obtain the concur-
rence of the National Intelligence Director be-
fore appointing an individual to fill the va-
cancy or recommending to the President an 
individual to be nominated to fill the vacancy. 
If the Director does not concur in the rec-
2669 
ommendation, 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). 
ø‘‘(2) Paragraph (1) applies to the fol-
lowing positions: 
ø‘‘(A) The Director of the National Se-
curity Agency. 
ø‘‘(B) The Director of the National Re-
connaissance Office. 
ø‘‘(C) The Director of the National 
Geospatial-Intelligence Agency. 
ø‘‘(c) CONSULTATION WITH NATIONAL INTEL-
LIGENCE DIRECTOR IN CERTAIN POSITIONS.—(1) 
In the event of a vacancy in a position re-
ferred to in paragraph (2), the head of the de-
partment or agency having jurisdiction over 
the position shall consult with the National 
Intelligence Director before appointing an in-
dividual to fill the vacancy or recommending 
to the President an individual to be nomi-
nated to fill the vacancy. 
ø‘‘(2) Paragraph (1) applies to the fol-
lowing positions:
2670 
ø‘‘(A) The Director of the Defense In-
telligence Agency. 
ø‘‘(B) The Assistant Secretary of State 
for Intelligence and Research. 
ø‘‘(C) The Director of the Office of In-
telligence of the Department of Energy. 
ø‘‘(D) The Director of the Office of 
counterintelligence of the Department of 
Energy. 
ø‘‘(E) The Assistant Secretary for In-
telligence and Analysis of the Depart-
ment of the Treasury. 
ø‘‘(F) The Executive Assistant Direc-
tor for Intelligence of the Federal Bureau 
of Investigation or that officer’s suc-
cessor. 
ø‘‘(G) The Under Secretary of Home-
land Security for Information Analysis 
and Infrastructure Protection. 
ø‘‘(H) The Deputy Assistant Com-
mandant of the Coast Guard for Intel-
ligence.
2671 
øSEC. 1015. INITIAL APPOINTMENT OF THE NATIONAL IN-
TELLIGENCE DIRECTOR. 
ø(a) INITIAL APPOINTMENT OF THE NATIONAL 
INTELLIGENCE
DIRECTOR.—Notwithstanding 
section 102(a)(1) of the National Security Act 
of 1947, as added by section 1011(a), the indi-
vidual serving as the Director of Central In-
telligence on the date immediately preceding 
the date of the enactment of this Act may, at 
the discretion of the President, become the 
National Intelligence Director as of the date 
of the enactment of this Act. 
ø(b) GENERAL REFERENCES.—(1) Any ref-
erence to the Director of Central Intelligence 
in the Director’s capacity as the head of the 
intelligence community in any law, regula-
tion, document, paper, or other record of the 
United States shall be deemed to be a ref-
erence to the National Intelligence Director. 
ø(2) Any reference to the Director of Cen-
tral Intelligence in the Director’s capacity as 
the head of the Central Intelligence Agency in 
any law, regulation, document, paper, or 
other record of the United States shall be 
deemed to be a reference to the Director of 
the Central Intelligence Agency.
2672 
ø(3) Any reference to the Deputy Director 
of Central Intelligence in the Deputy Direc-
tor’s capacity as deputy to the head of the in-
telligence community in any law, regulation, 
document, paper, or other record of the 
United States shall be deemed to be a ref-
erence to the Deputy National Intelligence Di-
rector. 
ø(4) Any reference to the Deputy Director 
of Central Intelligence for Community Man-
agement in any law, regulation, document, 
paper, or other record of the United States 
shall be deemed to be a reference to the Dep-
uty National Intelligence Director for Com-
munity Management and Resources. 
øSEC. 1016. EXECUTIVE SCHEDULE MATTERS. 
ø(a) EXECUTIVE SCHEDULE LEVEL I.—Sec-
tion 5312 of title 5, United States Code, is 
amended by adding the end the following new 
item: 
ø‘‘National Intelligence Director.’’. 
ø(b) EXECUTIVE SCHEDULE LEVEL II.—Sec-
tion 5313 of title 5, United States Code, is 
amended by adding at the end the following 
new items:
2673 
ø‘‘Deputy National Intelligence Direc-
tor. 
ø‘‘Director of the National counter-
terrorism Center.’’. 
ø(c) EXECUTIVE SCHEDULE LEVEL IV.—Sec-
tion 5315 of title 5, United States Code, is 
amended by striking the item relating to the 
Assistant Directors of Central Intelligence. 
øSubtitle 
B—National 
counter-
terrorism Center and Civil Lib-
erties Protections 
øSEC. 1021. NATIONAL counterterrorism CENTER. 
ø(a) IN GENERAL.—Title I of the National 
Security Act of 1947 (50 U.S.C. 402 et seq.) is 
amended by adding at the end the following 
new section: 
ø‘‘NATIONAL COUNTERTERRORISM CENTER 
ø‘‘SEC. 119. (a) ESTABLISHMENT
OF CEN-
TER.—There is within the Office of the Na-
tional 
Intelligence 
Director 
a 
National 
counterterrorism Center. 
ø‘‘(b) DIRECTOR
OF
NATIONAL
COUNTER-
TERRORISM CENTER.—There is a Director of the 
National counterterrorism Center, who shall 
be the head of the National counterterrorism
2674 
Center, who shall be appointed by National 
Intelligence Director. 
ø‘‘(c) SUPERVISION.—The Director of the 
National counterterrorism Center shall re-
port to the National Intelligence Director on— 
ø‘‘(1) the budget and programs of the 
National counterterrorism Center; 
ø‘‘(2) the activities of the Directorate 
of Intelligence of the National counter-
terrorism Center under subsection (h); 
ø‘‘(3) the conduct of intelligence oper-
ations implemented by other elements of 
the intelligence community; and 
ø‘‘(4) the planning and progress of 
joint counterterrorism operations (other 
than intelligence operations). 
The National Intelligence Director shall carry 
out this section through the Deputy National 
Intelligence Director for Operations. 
ø‘‘(d) PRIMARY
MISSIONS.—The primary 
missions of the National counterterrorism 
Center shall be as follows: 
ø‘‘(1) To serve as the primary organi-
zation in the United States Government 
for analyzing and integrating all intel-
2675 
ligence possessed or acquired by the 
United States Government pertaining to 
terrorism and counterterrorism, except-
ing intelligence pertaining exclusively to 
domestic counterterrorism. 
ø‘‘(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. 
ø‘‘(3) To support operational respon-
sibilities assigned to lead agencies for 
counterterrorism activities by ensuring 
that such agencies have access to and re-
ceive intelligence needed to accomplish 
their assigned activities. 
ø‘‘(4) To ensure that agencies, as ap-
propriate, have access to and receive all- 
source intelligence support needed to 
execute their counterterrorism plans or 
perform independent, alternative anal-
ysis.
2676 
ø‘‘(e) DOMESTIC COUNTERTERRORISM INTEL-
LIGENCE.—(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 exclu-
sively to domestic counterterrorism from any 
Federal, State, or local government or other 
source necessary to fulfill its responsibilities 
and retain and disseminate such intelligence. 
ø‘‘(2) Any agency authorized to conduct 
counterterrorism activities may request infor-
mation from the Center to assist it in its re-
sponsibilities, consistent with applicable law 
and the guidelines referred to in section 
102A(b). 
ø‘‘(f) DUTIES AND RESPONSIBILITIES OF DI-
RECTOR.—The 
Director 
of 
the 
National 
counterterrorism Center shall— 
ø‘‘(1) serve as the principal adviser to 
the National Intelligence Director on in-
telligence operations relating to counter-
terrorism; 
ø‘‘(2) provide strategic guidance and 
plans 
for 
the 
civilian 
and 
military 
counterterrorism efforts of the United
2677 
States Government and for the effective 
integration 
of 
counterterrorism 
intel-
ligence and operations across agency 
boundaries, both inside and outside the 
United States; 
ø‘‘(3) advise the National Intelligence 
Director on the extent to which the 
counterterrorism program recommenda-
tions and budget proposals of the depart-
ments, agencies, and elements of the 
United States Government conform to the 
priorities established by the President; 
ø‘‘(4) disseminate terrorism informa-
tion, including current terrorism threat 
analysis, to the President, the Vice Presi-
dent, the Secretaries of State, Defense, 
and Homeland Security, the Attorney 
General, the Director of the Central Intel-
ligence Agency, and other officials of the 
executive branch as appropriate, and to 
the appropriate committees of Congress; 
ø‘‘(5) support the Department of Jus-
tice and the Department of Homeland Se-
curity, and other appropriate agencies, in 
fulfillment of their responsibilities to dis-
2678 
seminate 
terrorism 
information, 
con-
sistent with applicable law, guidelines re-
ferred to in section 102A(b), Executive 
Orders and other Presidential guidance, 
to State and local government officials, 
and other entities, and coordinate dis-
semination of terrorism information to 
foreign governments as approved by the 
National Intelligence Director; 
ø‘‘(6) consistent with priorities ap-
proved by the President, assist the Na-
tional Intelligence Director in estab-
lishing requirements for the intelligence 
community for the collection of terrorism 
information; and 
ø‘‘(7) perform such other duties as the 
National Intelligence Director may pre-
scribe or are prescribed by law. 
ø‘‘(g) LIMITATION.—The Director of the Na-
tional counterterrorism Center may not di-
rect the execution of counterterrorism oper-
ations. 
ø‘‘(h) RESOLUTION OF DISPUTES.—The Na-
tional Intelligence Director shall resolve dis-
agreements between the National counter-
2679 
terrorism Center and the head of a depart-
ment, agency, or element of the United States 
Government on designations, assignments, 
plans, or responsibilities. The head of such a 
department, agency, or element may appeal 
the resolution of the disagreement by the Na-
tional Intelligence Director to the President. 
ø‘‘(i) DIRECTORATE OF INTELLIGENCE.—The 
Director of the National counterterrorism 
Center shall establish and maintain within 
the National counterterrorism Center a Direc-
torate of Intelligence which shall have pri-
mary responsibility within the United States 
Government for analysis of terrorism and ter-
rorist organizations (except for purely domes-
tic terrorism and domestic terrorist organiza-
tions) from all sources of intelligence, wheth-
er collected inside or outside the United 
States. 
ø‘‘(j) DIRECTORATE
OF
STRATEGIC
PLAN-
NING.—The Director of the National counter-
terrorism Center shall establish and maintain 
within the National counterterrorism Center 
a Directorate of Strategic Planning which 
shall provide strategic guidance and plans for
2681 
ø(2) oversee compliance by the Office 
and the National Intelligence Director 
with requirements under the Constitu-
tion and all laws, regulations, Executive 
orders, and implementing guidelines re-
lating to civil liberties and privacy; 
ø(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 National 
Intelligence Director and, as appropriate, 
investigate any such complaint or infor-
mation; 
ø(4) ensure that the use of tech-
nologies sustain, and do not erode, pri-
vacy protections relating to the use, col-
lection, and disclosure of personal infor-
mation; 
ø(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 ‘Pri-
vacy Act’), is handled in full compliance
2682 
with fair information practices as set out 
in that section; 
ø(6) conduct privacy impact assess-
ments when appropriate or as required 
by law; and 
ø(7) perform such other duties as may 
be prescribed by the National Intel-
ligence Director or specified by law. 
ø(c) USE
OF
AGENCY
INSPECTORS
GEN-
ERAL.—When appropriate, the Civil Liberties 
Protection Officer may refer complaints to 
the Office of Inspector General having re-
sponsibility for the affected element of the de-
partment or agency of the intelligence com-
munity to conduct an investigation under 
paragraph (3) of subsection (b). 
øSubtitle C—Joint Intelligence 
Community Council 
øSEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL. 
ø(a) ESTABLISHMENT.—There is hereby es-
tablished a Joint Intelligence Community 
Council. 
ø(b) 
FUNCTIONS.—(1) 
The 
Joint 
Intel-
ligence Community Council shall provide ad-
2683 
vice to the National Intelligence Director as 
appropriate. 
ø(2) The National Intelligence Director 
shall consult with the Joint Intelligence Com-
munity Council in developing guidance for 
the development of the annual National Intel-
ligence Program budget. 
ø(c) MEMBERSHIP.—The Joint Intelligence 
Community Council shall consist of the fol-
lowing: 
ø(1) The National Intelligence Direc-
tor, who shall chair the Council. 
ø(2) The Secretary of State. 
ø(3) The Secretary of the Treasury. 
ø(4) The Secretary of Defense. 
ø(5) The Attorney General. 
ø(6) The Secretary of Energy. 
ø(7) The Secretary of Homeland Secu-
rity. 
ø(8) Such other officials of the execu-
tive branch as the President may des-
ignate.
2684 
øSubtitle D—Improvement of 
Human Intelligence (HUMINT) 
øSEC. 1041. HUMAN INTELLIGENCE AS AN INCREASINGLY 
CRITICAL 
COMPONENT 
OF 
THE 
INTEL-
LIGENCE COMMUNITY. 
øIt is a sense of Congress that— 
ø(1) the human intelligence officers of 
the intelligence community have per-
formed admirably and honorably in the 
face of great personal dangers; 
ø(2) during an extended period of un-
precedented investment and improve-
ments in technical collection means, the 
human intelligence capabilities of the 
United States have not received the nec-
essary and commensurate priorities; 
ø(3) human intelligence is becoming 
an increasingly important capability to 
provide information on the asymmetric 
threats to the national security of the 
United States; 
ø(4) the continued development and 
improvement of a robust and empowered 
and flexible human intelligence work 
force is critical to identifying, under-
2685 
standing, and countering the plans and 
intentions of the adversaries of the 
United States; and 
ø(5) an increased emphasis on, and 
resources 
applied 
to, 
enhancing 
the 
depth and breadth of human intelligence 
capabilities of the United States intel-
ligence community must be among the 
top priorities of the National Intelligence 
Director. 
øSEC. 1042. IMPROVEMENT OF HUMAN INTELLIGENCE CA-
PACITY. 
øNot later than 6 months after the date of 
the enactment of this Act, the National Intel-
ligence Director shall submit to Congress a re-
port 
on 
existing 
human 
intelligence 
(HUMINT) capacity which shall include a 
plan to implement changes, as necessary, to 
accelerate improvements to, and increase the 
capacity of, HUMINT across the intelligence 
community.
2686 
øSubtitle E—Improvement of Edu-
cation for the Intelligence Com-
munity 
øSEC. 1051. MODIFICATION OF OBLIGATED SERVICE RE-
QUIREMENTS UNDER NATIONAL SECURITY 
EDUCATION PROGRAM. 
ø(a) IN GENERAL.—(1) Subsection (b)(2) of 
section 802 of the David L. Boren National Se-
curity Education Act of 1991 (50 U.S.C. 1902) 
is amended to read as follows: 
ø‘‘(2) will meet the requirements for 
obligated service described in subsection 
(j); and’’. 
ø(2) Such section is further amended by 
adding at the end the following new sub-
section: 
ø‘‘(j) REQUIREMENTS FOR OBLIGATED SERV-
ICE IN THE GOVERNMENT.—(1) Each recipient of 
a scholarship or a fellowship under the pro-
gram shall work in a specified national secu-
rity position. In this subsection, the term 
‘specified national security position’ means a 
position of a department or agency of the 
United States that the Secretary certifies is 
appropriate to use the unique language and
2687 
region expertise acquired by the recipient 
pursuant to the study for which scholarship 
or fellowship assistance (as the case may be) 
was provided under the program. 
ø‘‘(2) Each such recipient shall commence 
work in a specified national security position 
as soon as practicable but in no case later 
than two years after the completion by the re-
cipient of the study for which scholarship or 
fellowship assistance (as the case may be) was 
provided under the program. 
ø‘‘(3) Each such recipient shall work in a 
specified national security position for a pe-
riod specified by the Secretary, which period 
shall include— 
ø‘‘(A) in the case of a recipient of a 
scholarship, one year of service for each 
year, or portion thereof, for which such 
scholarship assistance was provided, and 
ø‘‘(B) in the case of a recipient of a 
fellowship, not less than one nor more 
than three years for each year, or portion 
thereof, for which such fellowship assist-
ance was provided.
2688 
ø‘‘(4) Recipients shall seek specified na-
tional security positions as follows: 
ø‘‘(A) In the Department of Defense or 
in any element of the intelligence com-
munity. 
ø‘‘(B) In the Department of State or in 
the Department of Homeland Security, if 
the recipient demonstrates to the Sec-
retary that no position is available in the 
Department of Defense or in any element 
of the intelligence community. 
ø‘‘(C) In any other Federal depart-
ment or agency not referred to in sub-
paragraphs (A) and (B), if the recipient 
demonstrates to the Secretary that no po-
sition is available in a Federal depart-
ment or agency specified in such para-
graphs.’’. 
ø(b) REGULATIONS.—The Secretary of De-
fense shall prescribe regulations to carry out 
subsection (j) of section 802 of the David L. 
Boren National Security Education Act of 
1991, as added by subsection (a). In pre-
scribing such regulations, the Secretary shall 
establish standards that recipients of scholar-
2689 
ship and fellowship assistance under the pro-
gram under section 802 of the David L. Boren 
National Security Education Act of 1991 are 
required to demonstrate in order to satisfy 
the requirement of a good faith effort to gain 
employment as required under such sub-
section. 
ø(c) APPLICABILITY.—(1) The amendments 
made by subsection (a) shall apply with re-
spect to service agreements entered into 
under the David L. Boren National Security 
Education Act of 1991 on or after the date of 
the enactment of this Act. 
ø(2) The amendments made by subsection 
(a) shall not affect the force, validity, or terms 
of any service agreement entered into under 
the David L. Boren National Security Edu-
cation Act of 1991 before the date of the enact-
ment of this Act that is in force as of that date. 
øSEC. 1052. IMPROVEMENTS TO THE NATIONAL FLAGSHIP 
LANGUAGE INITIATIVE. 
ø(a) INCREASE
IN ANNUAL AUTHORIZATION 
OF APPROPRIATIONS.—(1) Title VIII of the Intel-
ligence Authorization Act for Fiscal Year 1992 
(Public Law 102–183; 105 Stat. 1271), as
2690 
amended by section 311(c) of the Intelligence 
Authorization Act for Fiscal Year 1994 (Public 
Law 103–178; 107 Stat. 2037) and by section 
333(b) of the Intelligence Authorization Act 
for Fiscal Year 2003 (Public Law 107–306; 116 
Stat. 2397), is amended in subsection (a) of 
section 811 by striking ‘‘there is authorized to 
be appropriated to the Secretary for each fis-
cal year, beginning with fiscal year 2003, 
$10,000,000,’’ and inserting ‘‘there is author-
ized to be appropriated to the Secretary for 
each of fiscal years 2003 and 2004, $10,000,000, 
and for fiscal year 2005 and each subsequent 
fiscal year, $12,000,000,’’. 
ø(2) Subsection (b) of such section is 
amended by inserting ‘‘for fiscal years 2003 
and 2004 only’’ after ‘‘authorization of appro-
priations under subsection (a)’’. 
ø(b) 
REQUIREMENT
FOR
EMPLOYMENT 
AGREEMENTS.—(1) Section 802(i) of the David 
L. Boren National Security Education Act of 
1991 (50 U.S.C. 1902(i)) is amended by adding 
at the end the following new paragraph: 
ø‘‘(5)(A) In the case of an undergraduate 
or graduate student that participates in train-
2691 
ing in programs under paragraph (1), the stu-
dent shall enter into an agreement described 
in subsection (b), other than such a student 
who has entered into such an agreement pur-
suant to subparagraph (A)(ii) or (B)(ii) of sec-
tion 802(a)(1). 
ø‘‘(B) In the case of an employee of an 
agency or department of the Federal Govern-
ment that participates in training in pro-
grams under paragraph (1), the employee 
shall agree in writing— 
ø‘‘(i) to continue in the service of the 
agency or department of the Federal Gov-
ernment employing the employee for the 
period of such training; 
ø‘‘(ii) to continue in the service of 
such agency or department employing 
the employee following completion of 
such training for a period of two years 
for each year, or part of the year, of such 
training; 
ø‘‘(iii) to reimburse the United States 
for the total cost of such training (exclud-
ing the employee’s pay and allowances) 
provided to the employee if, before the
2692 
completion by the employee of the train-
ing, the employment of the employee by 
the agency or department is terminated 
due to misconduct by the employee or by 
the employee voluntarily; and 
ø‘‘(iv) to reimburse the United States 
if, after completing such training, the em-
ployment of the employee by the agency 
or department is terminated either by the 
agency or department due to misconduct 
by the employee or by the employee vol-
untarily, before the completion by the 
employee of the period of service re-
quired in clause (ii), in an amount that 
bears the same ratio to the total cost of 
the training (excluding the employee’s 
pay and allowances) provided to the em-
ployee as the unserved portion of such 
period of service bears to the total period 
of service under clause (ii). 
ø‘‘(C) Subject to subparagraph (D), the ob-
ligation to reimburse the United States under 
an agreement under subparagraph (A) is for 
all purposes a debt owing the United States.
2693 
ø‘‘(D) The head of an element of the intel-
ligence community may release an employee, 
in whole or in part, from the obligation to re-
imburse the United States under an agree-
ment under subparagraph (A) when, in the 
discretion of the head of the element, the 
head of the element determines that equity or 
the interests of the United States so require.’’. 
ø(2) The amendment made by paragraph 
(1) shall apply to training that begins on or 
after the date that is 90 days after the date of 
the enactment of this Act. 
ø(c) INCREASE IN THE NUMBER OF PARTICI-
PATING EDUCATIONAL INSTITUTIONS.—The Sec-
retary of Defense shall take such steps as the 
Secretary determines will increase the num-
ber of qualified educational institutions that 
receive grants under the National Flagship 
Language Initiative to establish, operate, or 
improve activities designed to train students 
in programs in a range of disciplines to 
achieve advanced levels of proficiency in 
those foreign languages that the Secretary 
identifies as being the most critical in the in-
2694 
terests of the national security of the United 
States. 
ø(d) CLARIFICATION OF AUTHORITY TO SUP-
PORT STUDIES ABROAD.—Educational institu-
tions that receive grants under the National 
Flagship Language Initiative may support 
students who pursue total immersion foreign 
language studies overseas of foreign lan-
guages that are critical to the national secu-
rity of the United States. 
øSEC. 1053. ESTABLISHMENT OF SCHOLARSHIP PROGRAM 
FOR ENGLISH LANGUAGE STUDIES FOR HER-
ITAGE COMMUNITY CITIZENS OF THE UNITED 
STATES WITHIN THE NATIONAL SECURITY 
EDUCATION PROGRAM. 
ø(a) SCHOLARSHIP PROGRAM FOR ENGLISH 
LANGUAGE STUDIES FOR HERITAGE COMMUNITY 
CITIZENS
OF
THE
UNITED
STATES.—(1) Sub-
section (a)(1) of section 802 of the David L. 
Boren National Security Education Act of 
1991 (50 U.S.C. 1902) is amended— 
ø(A) by striking ‘‘and’’ at the end of 
subparagraph (C);
2695 
ø(B) by striking the period at the end 
of subparagraph (D) and inserting ‘‘; 
and’’; and 
ø(C) by adding at the end the fol-
lowing new subparagraph: 
ø‘‘(E) awarding scholarships to 
students who— 
ø‘‘(i) are United States citizens 
who— 
ø‘‘(I) are native speakers 
(commonly referred to as her-
itage community residents) of 
a foreign language that is 
identified as critical to the na-
tional security interests of the 
United States who should be 
actively recruited for employ-
ment 
by 
Federal 
security 
agencies with a need for lin-
guists; and 
ø‘‘(II) are not proficient at 
a professional level in the 
English language with respect 
to reading, writing, and inter-
personal skills required to
2696 
carry out the national secu-
rity interests of the United 
States, as determined by the 
Secretary, 
to enable such students to pursue 
English language studies at an in-
stitution of higher education of 
the United States to attain pro-
ficiency in those skills; and 
ø‘‘(ii) enter into an agreement 
to work in a national security po-
sition or work in the field of edu-
cation in the area of study for 
which the scholarship was award-
ed in a similar manner (as deter-
mined by the Secretary) as agree-
ments entered into pursuant to 
subsection (b)(2)(A).’’. 
ø(2) The matter following subsection (a)(2) 
of such section is amended— 
ø(A) in the first sentence, by inserting 
‘‘or for the scholarship program under 
paragraph (1)(E)’’ after ‘‘under paragraph 
(1)(D) for the National Flagship Language
2697 
Initiative described in subsection (i)’’; 
and 
ø(B) by adding at the end the fol-
lowing: ‘‘For the authorization of appro-
priations for the scholarship program 
under paragraph (1)(E), see section 812.’’. 
ø(3) Section 803(d)(4)(E) of such Act (50 
U.S.C. 1903(d)(4)(E)) is amended by inserting 
before the period the following: ‘‘and section 
802(a)(1)(E) (relating to scholarship programs 
for advanced English language studies by her-
itage community residents)’’. 
ø(b) FUNDING.—The David L. Boren Na-
tional Security Education Act of 1991 (50 
U.S.C. 1901 et seq.) is amended by adding at 
the end the following new section: 
ø‘‘SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR 
CERTAIN HERITAGE COMMUNITY RESIDENTS. 
ø‘‘There is authorized to be appropriated 
to the Secretary for each fiscal year, begin-
ning with fiscal year 2005, $4,000,000, to carry 
out the scholarship programs for English lan-
guage studies by certain heritage community 
residents under section 802(a)(1)(E).
2698 
øSEC. 1054. SENSE OF CONGRESS WITH RESPECT TO LAN-
GUAGE AND EDUCATION FOR THE INTEL-
LIGENCE COMMUNITY; REPORTS. 
ø(a) SENSE OF CONGRESS.—It is the sense of 
Congress that there should be within the Of-
fice of the National Intelligence Director a 
senior official responsible to assist the Na-
tional Intelligence Director in carrying out 
the Director’s responsibilities for establishing 
policies and procedure for foreign language 
education and training of the intelligence 
community. The duties of such official should 
include the following: 
ø(1) Overseeing and coordinating re-
quirements for foreign language edu-
cation and training of the intelligence 
community. 
ø(2) Establishing policy, standards, 
and priorities relating to such require-
ments. 
ø(3) Identifying languages that are 
critical to the capability of the intel-
ligence community to carry out national 
security activities of the United States. 
ø(4) Monitoring the allocation of re-
sources for foreign language education
2699 
and training in order to ensure the re-
quirements of the intelligence community 
with respect to foreign language pro-
ficiency are met. 
ø(b) REPORTS.—Not later than one year 
after the date of the enactment of this Act, the 
National Intelligence Director shall submit to 
Congress the following reports: 
ø(1) A report that identifies— 
ø(A) skills and processes involved 
in learning a foreign language; and 
ø(B) characteristics and teaching 
techniques that are most effective in 
teaching foreign languages. 
ø(2)(A) A report that identifies foreign 
language heritage communities, particu-
larly 
such 
communities 
that 
include 
speakers of languages that are critical to 
the national security of the United States. 
ø(B) For purposes of subparagraph 
(A), the term ‘‘foreign language heritage 
community’’ means a community of resi-
dents or citizens of the United States—
2700 
ø(i) who are native speakers of, or 
who have fluency in, a foreign lan-
guage; and 
ø(ii) who should be actively re-
cruited for employment by Federal 
security agencies with a need for lin-
guists. 
ø(3) A report on— 
ø(A) the estimated cost of estab-
lishing a program under which the 
heads of elements of the intelligence 
community agree to repay employees 
of the intelligence community for any 
student loan taken out by that em-
ployee for the study of foreign lan-
guages critical for the national secu-
rity of the United States; and 
ø(B) the effectiveness of such a 
program in recruiting and retaining 
highly qualified personnel in the in-
telligence community. 
øSEC. 1055. ADVANCEMENT OF FOREIGN LANGUAGES CRIT-
ICAL TO THE INTELLIGENCE COMMUNITY. 
ø(a) IN GENERAL.—Title X of the National 
Security Act of 1947 (50 U.S.C.) is amended—
2701 
ø(1) by inserting before section 1001 
(50 U.S.C. 441g) the following: 
ø‘‘Subtitle A—Science and 
Technology’’; 
and 
ø(2) by adding at the end the fol-
lowing new subtitles: 
ø‘‘Subtitle B—Foreign Languages 
Program 
ø‘‘PROGRAM ON ADVANCEMENT OF FOREIGN LAN-
GUAGES
CRITICAL
TO
THE
INTELLIGENCE 
COMMUNITY 
ø‘‘SEC. 1011. (a) ESTABLISHMENT
OF PRO-
GRAM.—The Secretary of Defense and the Na-
tional Intelligence Director may jointly estab-
lish a program to advance foreign languages 
skills in languages that are critical to the ca-
pability of the intelligence community to 
carry out national security activities of the 
United States (hereinafter in this subtitle re-
ferred to as the ‘Foreign Languages Pro-
gram’). 
ø‘‘(b) IDENTIFICATION
OF
REQUISITE
AC-
TIONS.—In order to carry out the Foreign Lan-
guages Program, the Secretary of Defense and
2702 
the National Intelligence Director shall joint-
ly determine actions required to improve the 
education of personnel in the intelligence 
community in foreign languages that are crit-
ical to the capability of the intelligence com-
munity to carry out national security activi-
ties of the United States to meet the long-term 
intelligence needs of the United States. 
ø‘‘EDUCATION PARTNERSHIPS 
ø‘‘SEC. 1012. (a) IN GENERAL.—In carrying 
out the Foreign Languages Program, the head 
of a department or agency containing an ele-
ment of an intelligence community entity may 
enter into one or more education partnership 
agreements with educational institutions in 
the United States in order to encourage and 
enhance the study of foreign languages that 
are critical to the capability of the intel-
ligence community to carry out national secu-
rity activities of the United States in edu-
cational institutions. 
ø‘‘(b) ASSISTANCE PROVIDED UNDER EDU-
CATIONAL PARTNERSHIP AGREEMENTS.—Under 
an educational partnership agreement en-
tered into with an educational institution 
pursuant to this section, the head of an ele-
2703 
ment of an intelligence community entity may 
provide the following assistance to the edu-
cational institution: 
ø‘‘(1) The loan of equipment and in-
structional materials of the element of 
the intelligence community entity to the 
educational institution for any purpose 
and duration that the head determines to 
be appropriate. 
ø‘‘(2) Notwithstanding any other pro-
vision of law relating to transfers of sur-
plus property, the transfer to the edu-
cational institution of any computer 
equipment, or other equipment, that is— 
ø‘‘(A) commonly used by edu-
cational institutions; 
ø‘‘(B) surplus to the needs of the 
entity; and 
ø‘‘(C) determined by the head of 
the element to be appropriate for 
support of such agreement. 
ø‘‘(3) The provision of dedicated per-
sonnel to the educational institution— 
ø‘‘(A) to teach courses in foreign 
languages that are critical to the ca-
2704 
pability of the intelligence commu-
nity to carry out national security ac-
tivities of the United States; or 
ø‘‘(B) to assist in the development 
of such courses and materials for the 
institution. 
ø‘‘(4) The involvement of faculty and 
students of the educational institution in 
research projects of the element of the in-
telligence community entity. 
ø‘‘(5) 
Cooperation 
with 
the 
edu-
cational institution in developing a pro-
gram under which students receive aca-
demic credit at the educational institu-
tion for work on research projects of the 
element of the intelligence community 
entity. 
ø‘‘(6) The provision of academic and 
career advice and assistance to students 
of the educational institution. 
ø‘‘(7) The provision of cash awards 
and other items that the head of the ele-
ment of the intelligence community enti-
ty determines to be appropriate.
2705 
ø‘‘VOLUNTARY SERVICES 
ø‘‘SEC. 1013. (a) AUTHORITY
TO
ACCEPT 
SERVICES.—Notwithstanding section 1342 of 
title 31, United States Code, and subject to 
subsection (b), the Foreign Languages Pro-
gram under section 1011 shall include author-
ity for the head of an element of an intel-
ligence community entity to accept from any 
individual who is dedicated personnel (as de-
fined in section 1016(3)) voluntary services in 
support of the activities authorized by this 
subtitle. 
ø‘‘(b) REQUIREMENTS AND LIMITATIONS.—(1) 
In accepting voluntary services from an indi-
vidual under subsection (a), the head of the 
element shall— 
ø‘‘(A) supervise the individual to the 
same extent as the head of the element 
would supervise a compensated employee 
of that element providing similar serv-
ices; and 
ø‘‘(B) ensure that the individual is li-
censed, privileged, has appropriate edu-
cational or experiential credentials, or is
2706 
otherwise qualified under applicable law 
or regulations to provide such services. 
ø‘‘(2) In accepting voluntary services from 
an individual under subsection (a), the head 
of an element of the intelligence community 
entity may not— 
ø‘‘(A) place the individual in a policy-
making position, or other position per-
forming 
inherently 
government 
func-
tions; or 
ø‘‘(B) compensate the individual for 
the provision of such services. 
ø‘‘(c) AUTHORITY TO RECRUIT AND TRAIN IN-
DIVIDUALS PROVIDING SERVICES.—The head of 
an element of an intelligence community enti-
ty may recruit and train individuals to pro-
vide voluntary services accepted under sub-
section (a). 
ø‘‘(d) STATUS
OF INDIVIDUALS PROVIDING 
SERVICES.—(1) Subject to paragraph (2), while 
providing voluntary services accepted under 
subsection (a) or receiving training under 
subsection (c), an individual shall be consid-
ered to be an employee of the Federal Govern-
2707 
ment only for purposes of the following provi-
sions of law: 
ø‘‘(A) Section 552a of title 5, United 
States Code (relating to maintenance of 
records on individuals). 
ø‘‘(B) Chapter 11 of title 18, United 
States Code (relating to conflicts of inter-
est). 
ø‘‘(2)(A) With respect to voluntary services 
accepted under paragraph (1) provided by an 
individual that are within the scope of the 
services so accepted, the individual is deemed 
to be a volunteer of a governmental entity or 
nonprofit institution for purposes of the Vol-
unteer Protection Act of 1997 (42 U.S.C. 14501 
et seq.). 
ø‘‘(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. 
ø‘‘(3) Acceptance of voluntary services 
under this section shall have no bearing on 
the issuance or renewal of a security clear-
ance.
2708 
ø‘‘(e) REIMBURSEMENT
OF INCIDENTAL EX-
PENSES.—(1) The head of an element of the in-
telligence community entity may reimburse 
an individual for incidental expenses in-
curred by the individual in providing vol-
untary services accepted under subsection 
(a). The head of an element of the intelligence 
community entity shall determine which ex-
penses are eligible for reimbursement under 
this subsection. 
ø‘‘(2) Reimbursement under paragraph (1) 
may be made from appropriated or non-
appropriated funds. 
ø‘‘(f) AUTHORITY TO INSTALL EQUIPMENT.— 
(1) The head of an element of the intelligence 
community may install telephone lines and 
any necessary telecommunication equipment 
in the private residences of individuals who 
provide voluntary services accepted under 
subsection (a). 
ø‘‘(2) The head of an element of the intel-
ligence community may pay the charges in-
curred for the use of equipment installed 
under paragraph (1) for authorized purposes.
2709 
ø‘‘(3) Notwithstanding section 1348 of title 
31, United States Code, the head of an element 
of the intelligence community entity may use 
appropriated funds or nonappropriated funds 
of the element in carrying out this subsection. 
ø‘‘REGULATIONS 
ø‘‘SEC. 1014. (a) IN GENERAL.—The Sec-
retary of Defense and the National Intel-
ligence Director jointly shall promulgate reg-
ulations necessary to carry out the Foreign 
Languages Program authorized under this 
subtitle. 
ø‘‘(b) ELEMENTS OF THE INTELLIGENCE COM-
MUNITY.—Each head of an element of an intel-
ligence community entity shall prescribe reg-
ulations to carry out sections 1012 and 1013 
with respect to that element including the fol-
lowing: 
ø‘‘(1) Procedures to be utilized for the 
acceptance of voluntary services under 
section 1013. 
ø‘‘(2) Procedures and requirements 
relating to the installation of equipment 
under section 1013(g). 
ø‘‘DEFINITIONS 
ø‘‘SEC. 1015. In this subtitle:
2710 
ø‘‘(1) The term ‘intelligence commu-
nity entity’ means an agency, office, bu-
reau, or element referred to in subpara-
graphs (B) through (K) of section 3(4). 
ø‘‘(2) The term ‘educational institu-
tion’ means— 
ø‘‘(A) a local educational agency 
(as that term is defined in section 
9101(26) of the Elementary and Sec-
ondary Education Act of 1965 (20 
U.S.C. 7801(26))), 
ø‘‘(B) an institution of higher edu-
cation (as defined in section 102 of 
the Higher Education Act of 1965 (20 
U.S.C. 1002) other than institutions 
referred to in subsection (a)(1)(C) of 
such section), or 
ø‘‘(C) any other nonprofit institu-
tion that provides instruction of for-
eign languages in languages that are 
critical to the capability of the intel-
ligence community to carry out na-
tional security activities of the United 
States.
2711 
ø‘‘(3) The term ‘dedicated personnel’ 
means employees of the intelligence com-
munity 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 hon-
orably 
discharged 
or 
generally 
dis-
charged under honorable circumstances, 
and rehired on a voluntary basis specifi-
cally to perform the activities authorized 
under this subtitle). 
ø‘‘Subtitle C—Additional Education 
Provisions 
ø‘‘ASSIGNMENT OF INTELLIGENCE COMMUNITY 
PERSONNEL AS LANGUAGE STUDENTS 
ø‘‘SEC. 1021. (a) IN GENERAL.—(1) The Na-
tional Intelligence Director, acting through 
the heads of the elements of the intelligence 
community, may provide for the assignment 
of military and civilian personnel described 
in paragraph (2) as students at accredited 
professional, technical, or other institutions 
of higher education for training at the grad-
uate or undergraduate level in foreign lan-
2712 
guages required for the conduct of duties and 
responsibilities of such positions. 
ø‘‘(2) Personnel referred to in paragraph 
(1) are personnel of the elements of the intel-
ligence community who serve in analysts po-
sitions in such elements and who require for-
eign language expertise required for the con-
duct of duties and responsibilities of such po-
sitions. 
ø‘‘(b) AUTHORITY
FOR REIMBURSEMENT
OF 
COSTS OF TUITION AND TRAINING.—(1) The Di-
rector may reimburse an employee assigned 
under subsection (a) for the total cost of the 
training described in subsection (a), including 
costs of educational and supplementary read-
ing materials. 
ø‘‘(2) The authority under paragraph (1) 
shall apply to employees who are assigned on 
a full-time or part-time basis. 
ø‘‘(3) Reimbursement under paragraph (1) 
may be made from appropriated or non-
appropriated funds. 
ø‘‘(c) RELATIONSHIP TO COMPENSATION AS AN 
ANALYST.—Reimbursement under this section 
to an employee who is an analyst is in addi-
2713 
tion to any benefits, allowances, travels, or 
other compensation the employee is entitled 
to by reason of serving in such an analyst po-
sition.’’. 
ø(b) CLERICAL AMENDMENT.—The table of 
contents for the National Security Act of 1947 
is amended by striking the item relating to 
section 1001 and inserting the following new 
items: 
ø‘‘Subtitle A—Science and Technology 
ø‘‘Sec. 1001. Scholarships and work-study for pursuit of grad-
uate degrees in science and technology. 
ø‘‘Subtitle B—Foreign Languages Program 
ø‘‘Sec. 1011. Program on advancement of foreign languages 
critical to the intelligence community. 
ø‘‘Sec. 1012. Education partnerships. 
ø‘‘Sec. 1013. Voluntary services. 
ø‘‘Sec. 1014. Regulations. 
ø‘‘Sec. 1015. Definitions. 
ø‘‘Subtitle C—Additional Education Provisions 
ø‘‘Sec. 1021. Assignment of intelligence community personnel 
as language students.’’. 
øSEC. 1056. PILOT PROJECT FOR CIVILIAN LINGUIST RE-
SERVE CORPS. 
ø(a) PILOT PROJECT.—The National Intel-
ligence Director shall conduct a pilot project 
to establish a Civilian Linguist Reserve Corps 
comprised of United States citizens with ad-
vanced levels of proficiency in foreign lan-
guages who would be available upon a call of
2714 
the President to perform such service or du-
ties with respect to such foreign languages in 
the Federal Government as the President may 
specify. 
ø(b) CONDUCT
OF PROJECT.—Taking into 
account the findings and recommendations 
contained in the report required under sec-
tion 325 of the Intelligence Authorization Act 
for Fiscal Year 2003 (Public Law 107–306; 116 
Stat. 2393), in conducting the pilot project 
under subsection (a) the National Intelligence 
Director shall— 
ø(1) 
identify 
several 
foreign 
lan-
guages that are critical for the national 
security of the United States; 
ø(2) identify United States citizens 
with advanced levels of proficiency in 
those foreign languages who would be 
available to perform the services and du-
ties referred to in subsection (a); and 
ø(3) implement a call for the perform-
ance of such services and duties. 
ø(c) DURATION
OF
PROJECT.—The pilot 
project under subsection (a) shall be con-
ducted for a three-year period.
2715 
ø(d) AUTHORITY
TO
ENTER
INTO
CON-
TRACTS.—The National Intelligence Director 
may enter into contracts with appropriate 
agencies or entities to carry out the pilot 
project under subsection (a). 
ø(e) REPORTS.—(1) The National Intel-
ligence Director shall submit to Congress an 
initial and a final report on the pilot project 
conducted under subsection (a). 
ø(2) Each report required under para-
graph (1) shall contain information on the op-
eration of the pilot project, the success of the 
pilot project in carrying out the objectives of 
the establishment of a Civilian Linguist Re-
serve Corps, and recommendations for the 
continuation or expansion of the pilot project. 
ø(3) The final report shall be submitted 
not later than 6 months after the completion 
of the project. 
ø(f) AUTHORIZATION OF APPROPRIATIONS.— 
There are authorized to be appropriated to 
the National Intelligence Director such sums 
as are necessary for each of fiscal years 2005, 
2006, and 2007 in order to carry out the pilot 
project under subsection (a).
2716 
øSEC. 1057. CODIFICATION OF ESTABLISHMENT OF THE NA-
TIONAL VIRTUAL TRANSLATION CENTER. 
ø(a) IN GENERAL.—Title I of the National 
Security Act of 1947 (50 U.S.C. 402 et seq.), as 
amended by section 1021(a), is further amend-
ed by adding at the end the following new sec-
tion: 
ø‘‘NATIONAL VIRTUAL TRANSLATION CENTER 
ø‘‘SEC. 120. (a) IN GENERAL.—There is an 
element of the intelligence community known 
as the National Virtual Translation Center 
under the direction of the National Intel-
ligence Director. 
ø‘‘(b) FUNCTION.—The National Virtual 
Translation Center shall provide for timely 
and accurate translations of foreign intel-
ligence for all other elements of the intel-
ligence community. 
ø‘‘(c) 
FACILITATING
ACCESS
TO
TRANS-
LATIONS.—In order to minimize the need for a 
central facility for the National Virtual Trans-
lation Center, the Center shall— 
ø‘‘(1) use state-of-the-art communica-
tions technology;
2717 
ø‘‘(2) integrate existing translation ca-
pabilities in the intelligence community; 
and 
ø‘‘(3) use remote-connection capac-
ities. 
ø‘‘(d) USE
OF
SECURE
FACILITIES.—Per-
sonnel of the National Virtual Translation 
Center may carry out duties of the Center at 
any location that— 
ø‘‘(1) has been certified as a secure fa-
cility by an agency or department of the 
United States; and 
ø‘‘(2) the National Intelligence Direc-
tor determines to be appropriate for such 
purpose.’’. 
ø(b) CLERICAL AMENDMENT.—The table of 
sections for that Act, as amended by section 
1021(b), is further amended by inserting after 
the item relating to section 119 the following 
new item: 
ø‘‘Sec. 120. National Virtual Translation Center.’’. 
øSEC. 1058. REPORT ON RECRUITMENT AND RETENTION OF 
QUALIFIED INSTRUCTORS OF THE DEFENSE 
LANGUAGE INSTITUTE. 
ø(a) STUDY.—The Secretary of Defense 
shall conduct a study on methods to improve
2718 
the recruitment and retention of qualified for-
eign language instructors at the Foreign Lan-
guage Center of the Defense Language Insti-
tute. In conducting the study, the Secretary 
shall consider, in the case of a foreign lan-
guage instructor who is an alien, to expedi-
tiously adjust the status of the alien from a 
temporary status to that of an alien lawfully 
admitted for permanent residence. 
ø(b) REPORT.—(1) Not later than one year 
after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the ap-
propriate congressional committees a report 
on the study conducted under subsection (a), 
and shall include in that report recommenda-
tions for such changes in legislation and regu-
lation as the Secretary determines to be ap-
propriate. 
ø(2) DEFINITION.—In this subsection, the 
term ‘‘appropriate congressional committees’’ 
means the following: 
ø(A) The Select Committee on Intel-
ligence and the Committee on Armed 
Services of the Senate.
2719 
ø(B) The Permanent Select Com-
mittee on Intelligence and the Committee 
on Armed Services of the House of Rep-
resentatives. 
øSubtitle F—Additional Improve-
ments of Intelligence Activities 
øSEC. 1061. PERMANENT EXTENSION OF CENTRAL INTEL-
LIGENCE AGENCY VOLUNTARY SEPARATION 
INCENTIVE PROGRAM. 
ø(a) EXTENSION OF PROGRAM.—Section 2 of 
the Central Intelligence Agency Voluntary 
Separation Pay Act (50 U.S.C. 403–4 note) is 
amended— 
ø(1) by striking subsection (f); and 
ø(2) by redesignating subsections (g) 
and (h) as subsections (f) and (g), respec-
tively. 
ø(b) TERMINATION
OF FUNDS REMITTANCE 
REQUIREMENT.—(1) Section 2 of such Act (50 
U.S.C. 403–4 note) is further amended by strik-
ing subsection (i). 
ø(2) Section 4(a)(2)(B)(ii) of the Federal 
Workforce Restructuring Act of 1994 (5 U.S.C. 
8331 note) is amended by striking ‘‘, or section 
2 of the Central Intelligence Agency Vol-
2720 
untary Separation Pay Act (Public Law 103– 
36; 107 Stat. 104)’’. 
øSEC. 1062. NATIONAL SECURITY AGENCY EMERGING 
TECHNOLOGIES PANEL. 
øThe National Security Agency Act of 1959 
(50 U.S.C. 402 note) is amended by adding at 
the end the following new section: 
ø‘‘SEC. 19. (a) There is established the Na-
tional 
Security 
Agency 
Emerging 
Tech-
nologies Panel. The panel is a standing panel 
of the National Security Agency. The panel 
shall be appointed by, and shall report di-
rectly to, the Director. 
ø‘‘(b) 
The 
National 
Security 
Agency 
Emerging Technologies Panel shall study and 
assess, and periodically advise the Director 
on, the research, development, and applica-
tion of existing and emerging science and 
technology 
advances, 
advances 
on 
encryption, and other topics. 
ø‘‘(c) The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply with respect to 
the National Security Agency Emerging Tech-
nologies Panel.’’.
2721 
øSubtitle G—Conforming and 
Other Amendments 
øSEC. 1071. CONFORMING AMENDMENTS RELATING TO 
ROLES OF NATIONAL INTELLIGENCE DIREC-
TOR AND DIRECTOR OF THE CENTRAL INTEL-
LIGENCE AGENCY. 
ø(a) NATIONAL SECURITY ACT OF 1947.—(1) 
The National Security Act of 1947 (50 U.S.C. 
401 et seq.) is amended by striking ‘‘Director 
of Central Intelligence’’ each place it appears 
in the following provisions and inserting ‘‘Na-
tional Intelligence Director’’: 
ø(A) 
Section 
3(5)(B) 
(50 
U.S.C. 
401a(5)(B)). 
ø(B) Section 101(h)(2)(A) (50 U.S.C. 
402(h)(2)(A)). 
ø(C) 
Section 
101(h)(5) 
(50 
U.S.C. 
402(h)(5)). 
ø(D) Section 101(i)(2)(A) (50 U.S.C. 
402(i)(2)(A)). 
ø(E) Section 101(j) (50 U.S.C. 402(j)). 
ø(F) Section 105(a) (50 U.S.C. 403– 
5(a)). 
ø(G) Section 105(b)(6)(A) (50 U.S.C. 
403–5(b)(6)(A)).
2722 
ø(H) Section 105B(a)(1) (50 U.S.C. 403– 
5b(a)(1)). 
ø(I) Section 105B(b) (50 U.S.C. 403– 
5b(b)), the first place it appears. 
ø(J) Section 110(b) (50 U.S.C. 404e(b)). 
ø(K) Section 110(c) (50 U.S.C. 404e(c)). 
ø(L) 
Section 
112(a)(1) 
(50 
U.S.C. 
404g(a)(1)). 
ø(M) 
Section 
112(d)(1) 
(50 
U.S.C. 
404g(d)(1)). 
ø(N) Section 113(b)(2)(A) (50 U.S.C. 
404h(b)(2)(A)). 
ø(O) 
Section 
114(a)(1) 
(50 
U.S.C. 
404i(a)(1)). 
ø(P) 
Section 
114(b)(1) 
(50 
U.S.C. 
404i(b)(1)). 
ø(Q) 
Section 
115(a)(1) 
(50 
U.S.C. 
404j(a)(1)). 
ø(R) Section 115(b) (50 U.S.C. 404j(b)). 
ø(S) Section 115(c)(1)(B) (50 U.S.C. 
404j(c)(1)(B)). 
ø(T) Section 116(a) (50 U.S.C. 404k(a)). 
ø(U) 
Section 
117(a)(1) 
(50 
U.S.C. 
404l(a)(1)).
2723 
ø(V) Section 303(a) (50 U.S.C. 405(a)), 
both places it appears. 
ø(W) Section 501(d) (50 U.S.C. 413(d)). 
ø(X) Section 502(a) (50 U.S.C. 413a(a)). 
ø(Y) Section 502(c) (50 U.S.C. 413a(c)). 
ø(Z) Section 503(b) (50 U.S.C. 413b(b)). 
ø(AA) Section 504(a)(3)(C) (50 U.S.C. 
414(a)(3)(C)). 
ø(BB) Section 504(d)(2) (50 U.S.C. 
414(d)(2)). 
ø(CC) Section 506A(a)(1) (50 U.S.C. 
415a–1(a)(1)). 
ø(DD) 
Section 
603(a) 
(50 
U.S.C. 
423(a)). 
ø(EE) Section 702(a)(1) (50 U.S.C. 
432(a)(1)). 
ø(FF) 
Section 
702(a)(6)(B)(viii) 
(50 
U.S.C. 432(a)(6)(B)(viii)). 
ø(GG) Section 702(b)(1) (50 U.S.C. 
432(b)(1)), both places it appears. 
ø(HH) Section 703(a)(1) (50 U.S.C. 
432a(a)(1)). 
ø(II) 
Section 
703(a)(6)(B)(viii) 
(50 
U.S.C. 432a(a)(6)(B)(viii)).
2724 
ø(JJ) Section 703(b)(1) (50 U.S.C. 
432a(b)(1)), both places it appears. 
ø(KK) Section 704(a)(1) (50 U.S.C. 
432b(a)(1)). 
ø(LL) Section 704(f)(2)(H) (50 U.S.C. 
432b(f)(2)(H)). 
ø(MM) Section 704(g)(1)) (50 U.S.C. 
432b(g)(1)), both places it appears. 
ø(NN) 
Section 
1001(a) 
(50 
U.S.C. 
441g(a)). 
ø(OO) Section 1102(a)(1) (50 U.S.C. 
442a(a)(1)). 
ø(PP) Section 1102(b)(1) (50 U.S.C. 
442a(b)(1)). 
ø(QQ) Section 1102(c)(1) (50 U.S.C. 
442a(c)(1)). 
ø(RR) 
Section 
1102(d) 
(50 
U.S.C. 
442a(d)). 
ø(2) That Act is further amended by strik-
ing ‘‘of Central Intelligence’’ each place it ap-
pears in the following provisions: 
ø(A) Section 105(a)(2) (50 U.S.C. 403– 
5(a)(2)). 
ø(B) Section 105B(a)(2) (50 U.S.C. 403– 
5b(a)(2)).
2725 
ø(C) Section 105B(b) (50 U.S.C. 403– 
5b(b)), the second place it appears. 
ø(3) That Act is further amended by strik-
ing ‘‘Director’’ each place it appears in the fol-
lowing provisions and inserting ‘‘National In-
telligence Director’’: 
ø(A) Section 114(c) (50 U.S.C. 404i(c)). 
ø(B) Section 116(b) (50 U.S.C. 404k(b)). 
ø(C) 
Section 
1001(b) 
(50 
U.S.C. 
441g(b)). 
ø(D) 
Section 
1001(c) 
(50 
U.S.C. 
441g(c)), the first place it appears. 
ø(E) Section 1001(d)(1)(B) (50 U.S.C. 
441g(d)(1)(B)). 
ø(F) 
Section 
1001(e) 
(50 
U.S.C. 
441g(e)), the first place it appears. 
ø(4) Section 114A of that Act (50 U.S.C. 
404i–1) is amended by striking ‘‘Director of 
Central Intelligence’’ and inserting ‘‘National 
Intelligence Director, the Director of the Cen-
tral Intelligence Agency’’ 
ø(5) Section 504(a)(2) of that Act (50 U.S.C. 
414(a)(2)) is amended by striking ‘‘Director of 
Central Intelligence’’ and inserting ‘‘Director 
of the Central Intelligence Agency’’.
2726 
ø(6) Section 701 of that Act (50 U.S.C. 431) 
is amended— 
ø(A) in subsection (a), by striking 
‘‘Operational files of the Central Intel-
ligence Agency may be exempted by the 
Director of Central Intelligence’’ and in-
serting ‘‘The Director of the Central Intel-
ligence Agency, with the coordination of 
the National Intelligence Director, may 
exempt operational files of the Central 
Intelligence Agency’’; and 
ø(B) in subsection (g)(1), by striking 
‘‘Director of Central Intelligence’’ and in-
serting ‘‘Director of the Central Intel-
ligence Agency and the National Intel-
ligence Director’’. 
ø(7) The heading for section 114 of that 
Act (50 U.S.C. 404i) is amended to read as fol-
lows: 
ø‘‘ADDITIONAL ANNUAL REPORTS FROM THE 
NATIONAL INTELLIGENCE DIRECTOR’’. 
ø(b) CENTRAL INTELLIGENCE AGENCY ACT OF 
1949.—(1) The Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403a et seq.) is amended by 
striking ‘‘Director of Central Intelligence’’ 
each place it appears in the following provi-
2727 
sions and inserting ‘‘National Intelligence Di-
rector’’: 
ø(A) Section 6 (50 U.S.C. 403g). 
ø(B) Section 17(f) (50 U.S.C. 403q(f)), 
both places it appears. 
ø(2) That Act is further amended by strik-
ing ‘‘of Central Intelligence’’ in each of the fol-
lowing provisions: 
ø(A) Section 2 (50 U.S.C. 403b). 
ø(B) Section 16(c)(1)(B) (50 U.S.C. 
403p(c)(1)(B)). 
ø(C) 
Section 
17(d)(1) 
(50 
U.S.C. 
403q(d)(1)). 
ø(D) Section 20(c) (50 U.S.C. 403t(c)). 
ø(3) That Act is further amended by strik-
ing ‘‘Director of Central Intelligence’’ each 
place it appears in the following provisions 
and inserting ‘‘Director of the Central Intel-
ligence Agency’’: 
ø(A) Section 14(b) (50 U.S.C. 403n(b)). 
ø(B) 
Section 
16(b)(2) 
(50 
U.S.C. 
403p(b)(2)). 
ø(C) 
Section 
16(b)(3) 
(50 
U.S.C. 
403p(b)(3)), both places it appears.
2728 
ø(D) 
Section 
21(g)(1) 
(50 
U.S.C. 
403u(g)(1)). 
ø(E) 
Section 
21(g)(2) 
(50 
U.S.C. 
403u(g)(2)). 
ø(c) CENTRAL INTELLIGENCE AGENCY RE-
TIREMENT ACT.—Section 101 of the Central In-
telligence Agency Retirement Act (50 U.S.C. 
2001) is amended by striking paragraph (2) 
and inserting the following new paragraph 
(2): 
ø‘‘(2) DIRECTOR.—The term ‘Director’ 
means the Director of the Central Intel-
ligence Agency.’’. 
ø(d) CIA VOLUNTARY
SEPARATION
PAY 
ACT.—Subsection (a)(1) of section 2 of the Cen-
tral Intelligence Agency Voluntary Separa-
tion Pay Act (50 U.S.C. 2001 note) is amended 
to read as follows: 
ø‘‘(1) the term ‘Director’ means the Di-
rector of the Central Intelligence Agen-
cy;’’. 
ø(e) FOREIGN INTELLIGENCE SURVEILLANCE 
ACT
OF 1978.—(1) The Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) is amended by striking ‘‘Director of Cen-
2729 
tral Intelligence’’ each place it appears and in-
serting ‘‘National Intelligence Director’’. 
ø(f) CLASSIFIED INFORMATION PROCEDURES 
ACT.—Section 9(a) of the Classified Informa-
tion Procedures Act (5 U.S.C. App.) is amend-
ed by striking ‘‘Director of Central Intel-
ligence’’ and inserting ‘‘National Intelligence 
Director’’. 
ø(g) INTELLIGENCE AUTHORIZATION ACTS.— 
ø(1) 
PUBLIC
LAW
103–359.—Section 
811(c)(6)(C) of the counterintelligence 
and Security Enhancements Act of 1994 
(title VIII of Public Law 103–359) is 
amended by striking ‘‘Director of Central 
Intelligence’’ and inserting ‘‘National In-
telligence Director’’. 
ø(2) PUBLIC LAW 107–306.—(A) The Intel-
ligence Authorization Act for Fiscal Year 
2003 (Public Law 107–306) is amended by 
striking ‘‘Director of Central Intelligence, 
acting as the head of the intelligence 
community,’’ each place it appears in the 
following provisions and inserting ‘‘Na-
tional Intelligence Director’’:
2730 
ø(i) 
Section 
313(a) 
(50 
U.S.C. 
404n(a)). 
ø(ii) Section 343(a)(1) (50 U.S.C. 
404n–2(a)(1)) 
ø(B) That Act is further amended by 
striking ‘‘Director of Central Intelligence’’ 
each place it appears in the following 
provisions and inserting ‘‘National Intel-
ligence Director’’: 
ø(i) Section 902(a)(2) (50 U.S.C. 
402b(a)(2)). 
ø(ii) Section 904(e)(4) (50 U.S.C. 
402c(e)(4)). 
ø(iii) Section 904(e)(5) (50 U.S.C. 
402c(e)(5)). 
ø(iv) Section 904(h) (50 U.S.C. 
402c(h)), each place it appears. 
ø(v) Section 904(m) (50 U.S.C. 
402c(m)). 
ø(C) Section 341 of that Act (50 U.S.C. 
404n–1) is amended by striking ‘‘Director 
of Central Intelligence, acting as the head 
of the intelligence community, shall es-
tablish in the Central Intelligence Agen-
cy’’ and inserting ‘‘National Intelligence
2731 
Director shall establish within the Cen-
tral Intelligence Agency’’. 
ø(D) Section 352(b) of that Act (50 
U.S.C. 404–3 note) is amended by striking 
‘‘Director’’ and inserting ‘‘National Intel-
ligence Director’’. 
ø(3) PUBLIC LAW 108–177.—(A) The Intel-
ligence Authorization Act for Fiscal Year 
2004 (Public Law 108–177) is amended by 
striking ‘‘Director of Central Intelligence’’ 
each place it appears in the following 
provisions and inserting ‘‘National Intel-
ligence Director’’: 
ø(i) Section 317(a) (50 U.S.C. 403– 
3 note). 
ø(ii) Section 317(h)(1). 
ø(iii) Section 318(a) (50 U.S.C. 
441g note). 
ø(iv) Section 319(b) (50 U.S.C. 403 
note). 
ø(v) Section 341(b) (28 U.S.C. 519 
note). 
ø(vi) Section 357(a) (50 U.S.C. 403 
note).
2732 
ø(vii) Section 504(a) (117 Stat. 
2634), both places it appears. 
ø(B) Section 319(f)(2) of that Act (50 
U.S.C. 403 note) is amended by striking 
‘‘Director’’ the first place it appears and 
inserting ‘‘National Intelligence Direc-
tor’’. 
ø(C) Section 404 of that Act (18 U.S.C. 
4124 note) is amended by striking ‘‘Direc-
tor of Central Intelligence’’ and inserting 
‘‘Director of the Central Intelligence 
Agency’’. 
øSEC. 1072. OTHER CONFORMING AMENDMENTS 
ø(a) NATIONAL SECURITY ACT OF 1947.—(1) 
Section 101(j) of the National Security Act of 
1947 (50 U.S.C. 402(j)) is amended by striking 
‘‘Deputy Director of Central Intelligence’’ and 
inserting ‘‘Deputy National Intelligence Direc-
tor’’. 
ø(2) Section 112(d)(1) of that Act (50 U.S.C. 
404g(d)(1)) is amended by striking ‘‘section 
103(c)(6) of this Act’’ and inserting ‘‘section 
102A(g) of this Act’’. 
ø(3) Section 116(b) of that Act (50 U.S.C. 
404k(b)) is amended by striking ‘‘to the Dep-
2733 
uty Director of Central Intelligence, or with 
respect to employees of the Central Intel-
ligence Agency, the Director may delegate 
such authority to the Deputy Director for Op-
erations’’ and inserting ‘‘to the Deputy Na-
tional Intelligence Director, or with respect to 
employees of the Central Intelligence Agency, 
to the Director of the Central Intelligence 
Agency’’. 
ø(4) Section 506A(b)(1) of that Act (50 
U.S.C. 415a–1(b)(1)) is amended by striking 
‘‘Office of the Deputy Director of Central In-
telligence’’ and inserting ‘‘Office of the Na-
tional Intelligence Director’’. 
ø(5) Section 701(c)(3) of that Act (50 U.S.C. 
431(c)(3)) is amended by striking ‘‘Office of 
the Director of Central Intelligence’’ and in-
serting ‘‘Office of the National Intelligence Di-
rector’’. 
ø(6) Section 1001(b) of that Act (50 U.S.C. 
441g(b)) is amended by striking ‘‘Assistant Di-
rector of Central Intelligence for Administra-
tion’’ and inserting ‘‘Office of the National In-
telligence Director’’.
2734 
ø(b) CENTRAL INTELLIGENCE ACT OF 1949.— 
Section 6 of the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 403g) is amended by 
striking ‘‘section 103(c)(7) of the National Se-
curity Act of 1947 (50 U.S.C. 403–3(c)(7))’’ and 
inserting ‘‘section 102A(g) of the National Se-
curity Act of 1947’’. 
ø(c) CENTRAL INTELLIGENCE AGENCY RE-
TIREMENT ACT.—Section 201(c) of the Central 
Intelligence Agency Retirement Act (50 U.S.C. 
2011(c)) is amended by striking ‘‘paragraph 
(6) of section 103(c) of the National Security 
Act of 1947 (50 U.S.C. 403–3(c)) that the Direc-
tor of Central Intelligence’’ and inserting ‘‘sec-
tion 102A(g) of the National Security Act of 
1947 (50 U.S.C. 403–3(c)(1)) that the National 
Intelligence Director’’. 
ø(d) INTELLIGENCE AUTHORIZATION ACTS.— 
ø(1) PUBLIC
LAW
107–306.—(A) Section 
343(c) of the Intelligence Authorization 
Act for Fiscal Year 2003 (Public Law 107– 
306; 50 U.S.C. 404n–2(c)) is amended by 
striking ‘‘section 103(c)(6) of the National 
Security Act of 1947 (50 U.S.C. 403– 
3((c)(6))’’ and inserting ‘‘section 102A(g) of
2735 
the National Security Act of 1947 (50 
U.S.C. 403–3(c)(1))’’. 
ø(B) Section 904 of that Act (50 U.S.C. 
402c) is amended— 
ø(i) in subsection (c), by striking 
‘‘Office of the Director of Central In-
telligence’’ and inserting ‘‘Office of 
the National Intelligence Director’’; 
and 
ø(ii) in subsection (l), by striking 
‘‘Office of the Director of Central In-
telligence’’ and inserting ‘‘Office of 
the National Intelligence Director’’. 
ø(2) PUBLIC LAW 108–177.—Section 317 
of the Intelligence Authorization Act for 
Fiscal Year 2004 (Public Law 108–177; 50 
U.S.C. 403–3 note) is amended— 
ø(A) in subsection (g), by striking 
‘‘Assistant Director of Central Intel-
ligence for Analysis and Production’’ 
and inserting ‘‘Deputy National Intel-
ligence Director’’; and 
ø(B) in subsection (h)(2)(C), by 
striking ‘‘Assistant Director’’ and in-
2736 
serting ‘‘Deputy National Intelligence 
Director’’. 
øSEC. 1073. ELEMENTS OF INTELLIGENCE COMMUNITY 
UNDER NATIONAL SECURITY ACT OF 1947. 
øParagraph (4) of section 3 of the National 
Security Act of 1947 (50 U.S.C. 401a) is amend-
ed to read as follows: 
ø‘‘(4) The term ‘intelligence commu-
nity’ includes the following: 
ø‘‘(A) The Office of the National 
Intelligence Director. 
ø‘‘(B) 
The 
Central 
Intelligence 
Agency. 
ø‘‘(C) The National Security Agen-
cy. 
ø‘‘(D) The Defense Intelligence 
Agency. 
ø‘‘(E) The National Geospatial-In-
telligence Agency. 
ø‘‘(F) The National Reconnais-
sance Office. 
ø‘‘(G) Other offices within the De-
partment of Defense for the collection 
of specialized national intelligence 
through reconnaissance programs.
2737 
ø‘‘(H) The intelligence elements of 
the Army, the Navy, the Air Force, 
the Marine Corps, the Federal Bureau 
of Investigation, and the Department 
of Energy. 
ø‘‘(I) The Bureau of Intelligence 
and Research of the Department of 
State. 
ø‘‘(J) The Office of Intelligence 
and Analysis of the Department of the 
Treasury. 
ø‘‘(K) The elements of the Depart-
ment 
of 
Homeland 
Security 
con-
cerned with the analysis of intel-
ligence information, including the Of-
fice of Intelligence of the Coast 
Guard. 
ø‘‘(L) Such other elements of any 
other department or agency as may 
be designated by the President, or 
designated jointly by the National In-
telligence Director and the head of 
the department or agency concerned, 
as an element of the intelligence com-
munity.’’.
2738 
øSEC. 1074. REDESIGNATION OF NATIONAL FOREIGN IN-
TELLIGENCE PROGRAM AS NATIONAL INTEL-
LIGENCE PROGRAM. 
ø(a) REDESIGNATION.—Paragraph (6) of 
section 3 of the National Security Act of 1947 
(50 U.S.C. 401a) is amended by striking ‘‘For-
eign’’. 
ø(b) CONFORMING AMENDMENTS.—(1) Sec-
tion 506(a) of the National Security Act of 
1947 (50 U.S.C. 415a(a)) is amended by striking 
‘‘National Foreign Intelligence Program’’ and 
inserting ‘‘National Intelligence Program’’. 
ø(2) Section 17(f) of the Central Intel-
ligence Agency Act of 1949 (50 U.S.C. 403q(f)) 
is amended by striking ‘‘National Foreign In-
telligence Program’’ and inserting ‘‘National 
Intelligence Program’’. 
ø(c) HEADING AMENDMENT.—The heading of 
section 506 of that Act is amended by striking 
‘‘FOREIGN’’. 
øSEC. 1075. REPEAL OF SUPERSEDED AUTHORITIES. 
ø(a) 
APPOINTMENT
OF
CERTAIN
INTEL-
LIGENCE OFFICIALS.—Section 106 of the Na-
tional Security Act of 1947 (50 U.S.C. 403–6) is 
repealed.
2739 
ø(b) COLLECTION
TASKING
AUTHORITY.— 
Section 111 of the National Security Act of 
1947 (50 U.S.C. 404f) is repealed. 
øSEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECU-
RITY ACT OF 1947. 
øThe table of contents for the National Se-
curity Act of 1947 is amended— 
ø(1) by striking the items relating to 
sections 102 through 104 and inserting 
the following new items: 
ø‘‘Sec. 102. National Intelligence Director. 
ø‘‘Sec. 102A. Responsibilities and authorities of National Intel-
ligence Director. 
ø‘‘Sec. 103. Office of the National Intelligence Director. 
ø‘‘Sec. 104. Central Intelligence Agency. 
ø‘‘Sec. 104A. Director of the Central Intelligence Agency.’’; and 
ø(2) by striking the item relating to 
section 114 and inserting the following 
new item: 
ø‘‘Sec. 114. Additional annual reports from the National Intel-
ligence Director.’’; 
øand 
ø(3) by striking the item relating to 
section 506 and inserting the following 
new item: 
ø‘‘Sec. 506. Specificity of National Intelligence Program budget 
amounts 
for 
counterterrorism, 
counter-
proliferation, 
counternarcotics, 
and 
counter-
intelligence’’.
2740 
øSEC. 1077. CONFORMING AMENDMENTS RELATING TO 
PROHIBITING DUAL SERVICE OF THE DIREC-
TOR OF THE CENTRAL INTELLIGENCE AGEN-
CY. 
øSection 1 of the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403a) is amend-
ed— 
ø(1) by redesignating paragraphs (a), 
(b), and (c) as paragraphs (1), (2), and (3), 
respectively; and 
ø(2) by striking paragraph (2), as so 
redesignated, and inserting the following 
new paragraph (2): 
ø‘‘(2) ‘Director’ means the Director of the 
Central Intelligence Agency; and’’. 
øSEC. 1078. ACCESS TO INSPECTOR GENERAL PROTEC-
TIONS. 
øSection 17(a)(1) of the Central Intel-
ligence 
Agency 
Act 
of 
1949 
(50 
U.S.C. 
403q(a)(1)) is amended by inserting before the 
semicolon at the end the following: ‘‘and to 
programs and operations of the Office of the 
National Intelligence Director’’. 
øSEC. 1079. GENERAL REFERENCES. 
ø(a) DIRECTOR OF CENTRAL INTELLIGENCE 
AS HEAD
OF INTELLIGENCE COMMUNITY.—Any
2741 
reference to the Director of Central Intel-
ligence or the Director of the Central Intel-
ligence Agency in the Director’s capacity as 
the head of the intelligence community in any 
law, regulation, document, paper, or other 
record of the United States shall be deemed 
to be a reference to the National Intelligence 
Director. 
ø(b) DIRECTOR OF CENTRAL INTELLIGENCE 
AS HEAD OF CIA.—Any reference to the Direc-
tor of Central Intelligence or the Director of 
the Central Intelligence Agency in the Direc-
tor’s capacity as the head of the Central Intel-
ligence Agency in any law, regulation, docu-
ment, paper, or other record of the United 
States shall be deemed to be a reference to the 
Director of the Central Intelligence Agency. 
ø(c) COMMUNITY MANAGEMENT STAFF.—Any 
reference to the Community Management 
Staff in any law, regulation, document, paper, 
or other record of the United States shall be 
deemed to be a reference to the staff of the 
Office of the National Intelligence Director.
2742 
øSEC. 1080. APPLICATION OF OTHER LAWS. 
ø(a) POLITICAL SERVICE
OF PERSONNEL.— 
Section 7323(b)(2)(B)(i) of title 5, United 
States Code, is amended— 
ø(1) in subclause (XII), by striking 
‘‘or’’ at the end; and 
ø(2) 
by 
inserting 
after 
subclause 
(XIII) the following new subclause: 
ø‘‘(XIV) the Office of the National 
Intelligence Director; or’’. 
ø(b) DELETION OF INFORMATION ABOUT FOR-
EIGN
GIFTS.—Section 7342(f)(4) of title 5, 
United States Code, is amended— 
ø(1) by inserting ‘‘(A)’’ after ‘‘(4)’’; 
ø(2) in subparagraph (A), as so des-
ignated, by striking ‘‘the Director of Cen-
tral Intelligence’’ and inserting ‘‘the Di-
rector of the Central Intelligence Agen-
cy’’; and 
ø(3) by adding at the end the fol-
lowing new subparagraph: 
ø‘‘(B) In transmitting such listings for the 
Office of the National Intelligence Director, 
the National Intelligence Director may delete 
the information described in subparagraphs 
(A) and (C) of paragraphs (2) and (3) if the Di-
2743 
rector certifies in writing to the Secretary of 
State that the publication of such information 
could adversely affect United States intel-
ligence sources.’’. 
ø(c) EXEMPTION
FROM FINANCIAL DISCLO-
SURES.—Section 105(a)(1) of the Ethics in Gov-
ernment Act (5 U.S.C. App.) is amended by in-
serting ‘‘the Office of the National Intelligence 
Director,’’ before ‘‘the Central Intelligence 
Agency’’. 
øSubtitle 
H—Transfer, 
Termi-
nation, Transition and Other 
Provisions 
øSEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT 
STAFF. 
ø(a) TRANSFER.—There shall be trans-
ferred to the Office of the National Intel-
ligence Director the staff of the Community 
Management Staff as of the date of the enact-
ment of this Act, including all functions and 
activities discharged by the Community Man-
agement Staff as of that date. 
ø(b) ADMINISTRATION.—The National Intel-
ligence Director shall administer the Commu-
nity Management Staff after the date of the
2744 
enactment of this Act as a component of the 
Office of the National Intelligence Director 
under section 103(b) of the National Security 
Act of 1947, as amended by section 1011(a). 
øSEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRA-
TION CENTER. 
ø(a) TRANSFER.—There shall be trans-
ferred to the National counterterrorism Cen-
ter the Terrorist Threat Integration Center 
(TTIC), including all functions and activities 
discharged by the Terrorist Threat Integra-
tion Center as of the date of the enactment of 
this Act. 
ø(b) ADMINISTRATION.—The Director of the 
National counterterrorism Center shall ad-
minister the Terrorist Threat Integration 
Center after the date of the enactment of this 
Act as a component of the Directorate of Intel-
ligence of the National counterterrorism Cen-
ter under section 119(i) of the National Secu-
rity Act of 1947, as added by section 1021(a).
2745 
øSEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DI-
RECTORS OF CENTRAL INTELLIGENCE. 
ø(a) TERMINATION.—The positions within 
the Central Intelligence Agency referred to in 
subsection (b) are hereby abolished. 
ø(b) COVERED POSITIONS.—The positions 
within the Central Intelligence Agency re-
ferred to in this subsection are as follows: 
ø(1) The Assistant Director of Central 
Intelligence for Collection. 
ø(2) The Assistant Director of Central 
Intelligence for Analysis and Production. 
ø(3) The Assistant Director of Central 
Intelligence for Administration. 
øSEC. 1094. IMPLEMENTATION PLAN. 
ø(a) SUBMISSION OF PLAN.—The President 
shall transmit to Congress a plan for the im-
plementation of this title and the amend-
ments made by this title. The plan shall ad-
dress, at a minimum, the following: 
ø(1) The transfer of personnel, assets, 
and obligations to the National Intel-
ligence Director pursuant to this title. 
ø(2) Any consolidation, reorganiza-
tion, or streamlining of activities trans-
2746 
ferred to the National Intelligence Direc-
tor pursuant to this title. 
ø(3) The establishment of offices with-
in the Office of the National Intelligence 
Director to implement the duties and re-
sponsibilities of the National Intelligence 
Director as described in this title. 
ø(4) Specification of any proposed dis-
position of property, facilities, contracts, 
records, and other assets and obligations 
to be transferred to the National Intel-
ligence Director. 
ø(5) Recommendations for additional 
legislative or administrative action as the 
Director considers appropriate. 
ø(b) SENSE OF CONGRESS.—It is the sense of 
Congress that the permanent location for the 
headquarters for the Office of the National In-
telligence Director, should be at a location 
other than the George Bush Center for Intel-
ligence in Langley, Virginia. 
øSEC. 1095. TRANSITIONAL AUTHORITIES. 
øUpon the request of the National Intel-
ligence Director, the head of any executive 
agency may, on a reimbursable basis, provide
2747 
services or detail personnel to the National 
Intelligence Director. 
øSEC. 1096. EFFECTIVE DATES. 
ø(a) IN GENERAL.—Except as otherwise ex-
pressly provided in this Act, this title and the 
amendments made by this title shall take ef-
fect on the date of the enactment of this Act. 
ø(b) SPECIFIC EFFECTIVE DATES.—(1)(A) Not 
later than 60 days after the date of the enact-
ment of this Act, the National Intelligence Di-
rector shall first appoint individuals to posi-
tions within the Office of the National Intel-
ligence Director. 
ø(B) Subparagraph (A) shall not apply 
with respect to the Deputy National Intel-
ligence Director. 
ø(2) Not later than 180 days after the date 
of the enactment of this Act, the President 
shall transmit to Congress the implementa-
tion plan required under section 1904. 
ø(3) Not later than one year after the date 
of the enactment of this Act, the National In-
telligence Director shall prescribe regula-
tions, policies, procedures, standards, and 
guidelines required under section 102A of the
2748 
National Security Act of 1947, as amended by 
section 1011(a). 
øTITLE II—TERRORISM PREVEN-
TION AND PROSECUTION 
øSubtitle A—Individual Terrorists 
as Agents of Foreign Powers 
øSEC. 2001. PRESUMPTION THAT CERTAIN NON-UNITED 
STATES 
PERSONS 
ENGAGING 
IN 
INTER-
NATIONAL TERRORISM ARE AGENTS OF FOR-
EIGN POWERS FOR PURPOSES OF THE FOR-
EIGN INTELLIGENCE SURVEILLANCE ACT OF 
1978. 
ø(a) PRESUMPTION.—(1) The Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.) is amended by inserting after sec-
tion 101 the following new section: 
ø‘‘PRESUMPTION OF TREATMENT OF CERTAIN NON- 
UNITED STATES PERSONS ENGAGED IN INTER-
NATIONAL
TERRORISM
AS
AGENTS
OF
FOR-
EIGN POWERS 
ø‘‘SEC. 101A. Upon application by the Fed-
eral official applying for an order under this 
Act, the court may presume that a non-United 
States person who is knowingly engaged in 
sabotage or international terrorism, or activi-
ties that are in preparation therefor, is an
2749 
agent of a foreign power under section 
101(b)(2)(C).’’. 
ø(2) The table of contents for that Act is 
amended by inserting after the item relating 
to section 101 the following new item: 
ø‘‘Sec. 101A. Presumption of treatment of certain non-United 
States persons engaged in international terrorism 
as agents of foreign powers.’’. 
ø(b) SUNSET.—The amendments made by 
subsection (a) shall be subject to the sunset 
provision in section 224 of the USA PATRIOT 
Act of 2001 (Public Law 107–56; 115 Stat. 295), 
including the exception provided in sub-
section (b) of such section 224. 
øSubtitle B—Stop Terrorist and 
Military Hoaxes Act of 2004 
øSEC. 2021. SHORT TITLE. 
øThis subtitle may be cited as the ‘‘Stop 
Terrorist and Military Hoaxes Act of 2004’’. 
øSEC. 2022. HOAXES AND RECOVERY COSTS. 
ø(a) PROHIBITION ON HOAXES.—Chapter 47 
of title 18, United States Code, is amended by 
inserting after section 1037 the following: 
ø‘‘§ 1038. False information and hoaxes 
ø‘‘(a) CRIMINAL VIOLATION.— 
ø‘‘(1) IN
GENERAL.—Whoever engages 
in any conduct with intent to convey
2750 
false or misleading information under 
circumstances where such information 
may reasonably be believed and where 
such information indicates that an activ-
ity has taken, is taking, or will take place 
that would constitute a violation of chap-
ter 2, 10, 11B, 39, 40, 44, 111, or 113B of 
this title, section 236 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2284), or sec-
tion 46502, the second sentence of section 
46504, section 46505 (b)(3) or (c), section 
46506 if homicide or attempted homicide 
is involved, or section 60123(b) of title 49 
shall— 
ø‘‘(A) be fined under this title or 
imprisoned not more than 5 years, or 
both; 
ø‘‘(B) if serious bodily injury re-
sults, be fined under this title or im-
prisoned not more than 25 years, or 
both; and 
ø‘‘(C) if death results, be fined 
under this title or imprisoned for any 
number of years up to life, or both.
2751 
ø‘‘(2) ARMED FORCES.—Whoever, with-
out lawful authority, makes a false state-
ment, with intent to convey false or mis-
leading information, about the death, in-
jury, capture, or disappearance of a mem-
ber of the Armed Forces of the United 
States during a war or armed conflict in 
which the United States is engaged, 
shall— 
ø‘‘(A) be fined under this title or 
imprisoned not more than 5 years, or 
both; 
ø‘‘(B) if serious bodily injury re-
sults, be fined under this title or im-
prisoned not more than 25 years, or 
both; and 
ø‘‘(C) if death results, be fined 
under this title or imprisoned for any 
number of years up to life, or both. 
ø‘‘(b) CIVIL ACTION.—Whoever knowingly 
engages in any conduct with intent to convey 
false or misleading information under cir-
cumstances where such information may rea-
sonably be believed and where such informa-
tion indicates that an activity has taken, is
2752 
taking, or will take place that would con-
stitute a violation of chapter 2, 10, 11B, 39, 40, 
44, 111, or 113B of this title, section 236 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2284), or 
section 46502, the second sentence of section 
46504, section 46505 (b)(3) or (c), section 46506 
if homicide or attempted homicide is in-
volved, or section 60123(b) of title 49 is liable 
in a civil action to any party incurring ex-
penses incident to any emergency or inves-
tigative response to that conduct, for those 
expenses. 
ø‘‘(c) REIMBURSEMENT.— 
ø‘‘(1) IN GENERAL.—The court, in im-
posing a sentence on a defendant who 
has been convicted of an offense under 
subsection (a), shall order the defendant 
to reimburse any state or local govern-
ment, or private not-for-profit organiza-
tion that provides fire or rescue service 
incurring expenses incident to any emer-
gency or investigative response to that 
conduct, for those expenses. 
ø‘‘(2) LIABILITY.—A person ordered to 
make reimbursement under this sub-
2753 
section shall be jointly and severally lia-
ble for such expenses with each other 
person, if any, who is ordered to make re-
imbursement under this subsection for 
the same expenses. 
ø‘‘(3) CIVIL JUDGMENT.—An order of re-
imbursement under this subsection shall, 
for the purposes of enforcement, be treat-
ed as a civil judgment. 
ø‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.— 
This section does not prohibit any lawfully 
authorized investigative, protective, or intel-
ligence activity of a law enforcement agency 
of the United States, a State, or political sub-
division of a State, or of an intelligence agen-
cy of the United States.’’. 
ø(b) CLERICAL AMENDMENT.—The table of 
sections as the beginning of chapter 47 of title 
18, United States Code, is amended by adding 
after the item for section 1037 the following: 
ø‘‘1038. False information and hoaxes.’’. 
øSEC. 2023. OBSTRUCTION OF JUSTICE AND FALSE STATE-
MENTS IN TERRORISM CASES. 
ø(a) ENHANCED PENALTY.—Section 1001(a) 
and the third undesignated paragraph of sec-
tion 1505 of title 18, United States Code, are
2754 
amended by striking ‘‘be fined under this title 
or imprisoned not more than 5 years, or both’’ 
and inserting ‘‘be fined under this title, im-
prisoned not more than 5 years or, if the mat-
ter relates to international or domestic ter-
rorism (as defined in section 2331), impris-
oned not more than 10 years, or both’’. 
ø(b) SENTENCING
GUIDELINES.—Not later 
than 30 days of the enactment of this section, 
the United States Sentencing Commission 
shall amend the Sentencing Guidelines to pro-
vide for an increased offense level for an of-
fense under sections 1001(a) and 1505 of title 
18, United States Code, if the offense involves 
a matter relating to international or domestic 
terrorism, as defined in section 2331 of such 
title. 
øSEC. 2024. CLARIFICATION OF DEFINITION. 
øSection 1958 of title 18, United States 
Code, is amended— 
ø(1) in subsection (a), by striking ‘‘fa-
cility in’’ and inserting ‘‘facility of’’; and 
ø(2) in subsection (b)(2), by inserting 
‘‘or foreign’’ after ‘‘interstate’’.
2755 
øSubtitle C—Material Support to 
Terrorism Prohibition Enhance-
ment Act of 2004 
øSEC. 2041. SHORT TITLE. 
øThis subtitle may be cited as the ‘‘Mate-
rial Support to Terrorism Prohibition En-
hancement Act of 2004’’. 
øSEC. 2042. RECEIVING MILITARY-TYPE TRAINING FROM A 
FOREIGN TERRORIST ORGANIZATION. 
øChapter 113B of title 18, United States 
Code, is amended by adding after section 
2339C the following new section: 
ø‘‘§ 2339D. Receiving military-type training from a 
foreign terrorist organization 
ø‘‘(a) OFFENSE.—Whoever knowingly re-
ceives military-type training from or on be-
half of any organization designated at the 
time of the training by the Secretary of State 
under section 219(a)(1) of the Immigration 
and Nationality Act as a foreign terrorist or-
ganization shall be fined under this title or 
imprisoned for ten years, or both. To violate 
this subsection, a person must have knowl-
edge that the organization is a designated ter-
rorist organization (as defined in subsection
2756 
(c)(4)), that the organization has engaged or 
engages in terrorist activity (as defined in 
section 212 of the Immigration and Nation-
ality Act), or that the organization has en-
gaged or engages in terrorism (as defined in 
section 140(d)(2) of the Foreign Relations Au-
thorization Act, Fiscal Years 1988 and 1989). 
ø‘‘(b) EXTRATERRITORIAL
JURISDICTION.— 
There is extraterritorial Federal jurisdiction 
over an offense under this section. There is ju-
risdiction over an offense under subsection 
(a) if— 
ø‘‘(1) an offender is a national of the 
United States (as defined in 101(a)(22) of 
the Immigration and Nationality Act) or 
an alien lawfully admitted for permanent 
residence in the United States (as defined 
in section 101(a)(20) of the Immigration 
and Nationality Act); 
ø‘‘(2) an offender is a stateless person 
whose habitual residence is in the United 
States; 
ø‘‘(3) after the conduct required for 
the offense occurs an offender is brought 
into or found in the United States, even if
2757 
the conduct required for the offense oc-
curs outside the United States; 
ø‘‘(4) the offense occurs in whole or in 
part within the United States; 
ø‘‘(5) the offense occurs in or affects 
interstate or foreign commerce; 
ø‘‘(6) an offender aids or abets any 
person over whom jurisdiction exists 
under this paragraph in committing an 
offense under subsection (a) or conspires 
with any person over whom jurisdiction 
exists under this paragraph to commit an 
offense under subsection (a). 
ø‘‘(c) DEFINITIONS.—As used in this sec-
tion— 
ø‘‘(1) the term ‘military-type training’ 
includes training in means or methods 
that can cause death or serious bodily in-
jury, destroy or damage property, or dis-
rupt services to critical infrastructure, or 
training on the use, storage, production, 
or assembly of any explosive, firearm or 
other weapon, including any weapon of 
mass destruction (as defined in section 
2232a(c)(2));
2758 
ø‘‘(2) the term ‘serious bodily injury’ 
has the meaning given that term in sec-
tion 1365(h)(3); 
ø‘‘(3) the term ‘critical infrastructure’ 
means systems and assets vital to na-
tional defense, national security, eco-
nomic security, public health or safety in-
cluding both regional and national infra-
structure. Critical infrastructure may be 
publicly or privately owned; examples of 
critical infrastructure include gas and oil 
production, storage, or delivery systems, 
water 
supply 
systems, 
telecommuni-
cations networks, electrical power gen-
eration or delivery systems, financing 
and banking systems, emergency services 
(including medical, police, fire, and res-
cue services), and transportation systems 
and services (including highways, mass 
transit, airlines, and airports); and 
ø‘‘(4) the term ‘foreign terrorist orga-
nization’ means an organization des-
ignated as a terrorist organization under 
section 219(a)(1) of the Immigration and 
Nationality Act.’’.
2759 
øSEC. 2043. PROVIDING MATERIAL SUPPORT TO TER-
RORISM. 
ø(a) ADDITIONS TO OFFENSE OF PROVIDING 
MATERIAL SUPPORT
TO TERRORISTS.—Section 
2339A(a) of title 18, United States Code, is 
amended— 
ø(1) by designating the first sentence 
as paragraph (1); 
ø(2) by designating the second sen-
tence as paragraph (3); 
ø(3) by inserting after paragraph (1) 
as so designated by this subsection the 
following: 
ø‘‘(2) (A) Whoever in a circumstance 
described in subparagraph (B) provides 
material support or resources or conceals 
or disguises the nature, location, source, 
or ownership of material support or re-
sources, knowing or intending that they 
are to be used in preparation for, or in 
carrying out, an act of international or 
domestic terrorism (as defined in section 
2331), or in preparation for, or in car-
rying out, the concealment or escape 
from the commission of any such act, or 
attempts or conspires to do so, shall be
2760 
punished as provided under paragraph 
(1) for an offense under that paragraph. 
ø‘‘(B) The circumstances referred to 
in subparagraph (A) are any of the fol-
lowing: 
ø‘‘(i) The offense occurs in or af-
fects interstate or foreign commerce. 
ø‘‘(ii) The act of terrorism is an 
act of international or domestic ter-
rorism that violates the criminal law 
of the United States. 
ø‘‘(iii) The act of terrorism is an 
act of domestic terrorism that ap-
pears to be intended to influence the 
policy, or affect the conduct, of the 
Government of the United States or a 
foreign government. 
ø‘‘(iv) An offender, acting within 
the United States or outside the terri-
torial 
jurisdiction 
of 
the 
United 
States, is a national of the United 
States 
(as 
defined 
in 
section 
101(a)(22) of the Immigration and Na-
tionality Act), an alien lawfully ad-
mitted for permanent residence in
2761 
the United States (as defined in sec-
tion 101(a)(20) of the Immigration and 
Nationality Act), or a stateless person 
whose habitual residence is in the 
United States, and the act of ter-
rorism is an act of international ter-
rorism that appears to be intended to 
influence the policy, or affect the con-
duct, of the Government of the United 
States or a foreign government. 
ø‘‘(v) An offender, acting within 
the United States, is an alien, and the 
act of terrorism is an act of inter-
national terrorism that appears to be 
intended to influence the policy, or 
affect the conduct, of the Government 
of the United States or a foreign gov-
ernment. 
ø‘‘(vi) An offender, acting outside 
the territorial jurisdiction of the 
United States, is an alien and the act 
of terrorism is an act of international 
terrorism that appears to be intended 
to influence the policy of, or affect
2762 
the conduct of, the Government of the 
United States. 
ø‘‘(vii) An offender aids or abets 
any person over whom jurisdiction 
exists under this paragraph in com-
mitting an offense under this para-
graph or conspires with any person 
over whom jurisdiction exists under 
this paragraph to commit an offense 
under this paragraph.’’; and 
ø(4) by inserting ‘‘act or’’ after ‘‘un-
derlying’’. 
ø(b) DEFINITIONS.—Section 2339A(b) of 
title 18, United States Code, is amended— 
ø(1) by striking ‘‘In this’’ and insert-
ing ‘‘(1) In this’’; 
ø(2) by inserting ‘‘any property, tan-
gible or intangible, or service, including’’ 
after ‘‘means’’; 
ø(3) by inserting ‘‘(one or more indi-
viduals who may be or include oneself)’’ 
after ‘‘personnel’’; 
ø(4) by inserting ‘‘and’’ before ‘‘trans-
portation’’;
2763 
ø(5) by striking ‘‘and other physical 
assets’’; and 
ø(6) by adding at the end the fol-
lowing: 
ø‘‘(2) As used in this subsection, the term 
‘training’ means instruction or teaching de-
signed to impart a specific skill, as opposed to 
general knowledge, and the term ‘expert ad-
vice or assistance’ means advice or assistance 
derived from scientific, technical or other 
specialized knowledge.’’. 
ø(c) ADDITION TO OFFENSE OF PROVIDING 
MATERIAL SUPPORT
TO TERRORIST ORGANIZA-
TIONS.—Section 2339B(a)(1) of title 18, United 
States Code, is amended— 
ø(1) by striking ‘‘, within the United 
States or subject to the jurisdiction of the 
United States,’’ and inserting ‘‘in a cir-
cumstance described in paragraph (2)’’; 
and 
ø(2) by adding at the end the fol-
lowing: ‘‘To violate this paragraph, a per-
son must have knowledge that the orga-
nization is a designated terrorist organi-
zation (as defined in subsection (g)(6)),
2764 
that the organization has engaged or en-
gages in terrorist activity (as defined in 
section 212(a)(3)(B) of the Immigration 
and Nationality Act, or that the organiza-
tion has engaged or engages in terrorism 
(as defined in section 140(d)(2) of the For-
eign Relations Authorization Act, Fiscal 
Years 1988 and 1989.’’. 
ø(d) 
FEDERAL
AUTHORITY.—Section 
2339B(d) of title 18 is amended— 
ø(1) by inserting ‘‘(1)’’ before ‘‘There’’; 
and 
ø(2) by adding at the end the fol-
lowing: 
ø‘‘(2) The circumstances referred to in 
paragraph (1) are any of the following: 
ø‘‘(A) An offender is a national of the 
United States (as defined in section 
101(a)(22) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(22)) or an alien 
lawfully admitted for permanent resi-
dence in the United States (as defined in 
section 101(a)(20) of the Immigration and 
Nationality Act.
2765 
ø‘‘(B) An offender is a stateless person 
whose habitual residence is in the United 
States. 
ø‘‘(C) After the conduct required for 
the offense occurs an offender is brought 
into or found in the United States, even if 
the conduct required for the offense oc-
curs outside the United States. 
ø‘‘(D) The offense occurs in whole or 
in part within the United States. 
ø‘‘(E) The offense occurs in or affects 
interstate or foreign commerce. 
ø‘‘(F) An offender aids or abets any 
person over whom jurisdiction exists 
under this paragraph in committing an 
offense under subsection (a) or conspires 
with any person over whom jurisdiction 
exists under this paragraph to commit an 
offense under subsection (a).’’. 
ø(e) DEFINITION.—Paragraph (4) of section 
2339B(g) of title 18, United States Code, is 
amended to read as follows: 
ø‘‘(4) the term ‘material support or re-
sources’ has the same meaning given that 
term in section 2339A;’’.
2766 
ø(f) 
ADDITIONAL
PROVISIONS.—Section 
2339B of title 18, United States Code, is 
amended by adding at the end the following: 
ø‘‘(h) PROVISION OF PERSONNEL.—No per-
son may be prosecuted under this section in 
connection with the term ‘personnel’ unless 
that person has knowingly provided, at-
tempted to provide, or conspired to provide a 
foreign terrorist organization with one or 
more individuals (who may be or include him-
self) to work under that terrorist organiza-
tion’s direction or control or to organize, man-
age, supervise, or otherwise direct the oper-
ation of that organization. Individuals who 
act entirely independently of the foreign ter-
rorist organization to advance its goals or ob-
jectives shall not be considered to be working 
under the foreign terrorist organization’s di-
rection and control. 
ø‘‘(i) RULE OF CONSTRUCTION.—Nothing in 
this section shall be construed or applied so 
as to abridge the exercise of rights guaran-
teed under the First Amendment to the Con-
stitution of the United States.’’.
2767 
øSEC. 2044. FINANCING OF TERRORISM. 
ø(a) 
FINANCING
TERRORISM.—Section 
2339c(c)(2) of title 18, United States Code, is 
amended— 
ø(1) by striking ‘‘, resources, or funds’’ 
and inserting ‘‘or resources, or any funds 
or proceeds of such funds’’; 
ø(2) in subparagraph (A), by striking 
‘‘were provided’’ and inserting ‘‘are to be 
provided, or knowing that the support or 
resources were provided,’’; and 
ø(3) in subparagraph (B)— 
ø(A) by striking ‘‘or any proceeds 
of such funds’’; and 
ø(B) by striking ‘‘were provided 
or collected’’ and inserting ‘‘are to be 
provided or collected, or knowing 
that the funds were provided or col-
lected,’’. 
ø(b) DEFINITIONS.—Section 2339c(e) of title 
18, United States Code, is amended— 
ø(1) by striking ‘‘and’’ at the end of 
paragraph (12); 
ø(2) by redesignating paragraph (13) 
as paragraph (14); and
2768 
ø(3) by inserting after paragraph (12) 
the following: 
ø‘‘(13) the term ‘material support or 
resources’ has the same meaning given 
that term in section 2339B(g)(4) of this 
title; and’’. 
øSubtitle D—Weapons of Mass De-
struction Prohibition Improve-
ment Act of 2004 
øSEC. 2051. SHORT TITLE. 
øThis subtitle may be cited as the ‘‘Weap-
ons of Mass Destruction Prohibition Improve-
ment Act of 2004’’. 
øSEC. 2052. WEAPONS OF MASS DESTRUCTION. 
ø(a) EXPANSION OF JURISDICTIONAL BASES 
AND SCOPE.—Section 2332a of title 18, United 
States Code, is amended— 
ø(1) so that paragraph (2) of sub-
section (a) reads as follows: 
ø‘‘(2) against any person or property 
within the United States, and 
ø‘‘(A) the mail or any facility of 
interstate or foreign commerce is 
used in furtherance of the offense;
2769 
ø‘‘(B) such property is used in 
interstate or foreign commerce or in 
an activity that affects interstate or 
foreign commerce; 
ø‘‘(C) any perpetrator travels in 
or causes another to travel in inter-
state or foreign commerce in further-
ance of the offense; or 
ø‘‘(D) the offense, or the results of 
the offense, affect interstate or for-
eign commerce, or, in the case of a 
threat, attempt, or conspiracy, would 
have affected interstate or foreign 
commerce;’’; 
ø(2) in paragraph (3) of subsection 
(a), by striking the comma at the end and 
inserting ‘‘; or’’; 
ø(3) in subsection (a), by adding the 
following at the end: 
ø‘‘(4) against any property within the 
United States that is owned, leased, or 
used by a foreign government,’’; 
ø(4) at the end of subsection (c)(1), by 
striking ‘‘and’’;
2770 
ø(5) in subsection (c)(2), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
ø(6) in subsection (c), by adding at 
the end the following: 
ø‘‘(3) the term ‘property’ includes all 
real and personal property.’’. 
ø(b) RESTORATION
OF
THE COVERAGE
OF 
CHEMICAL WEAPONS.—Section 2332a of title 18, 
United States Code, as amended by subsection 
(a), is further amended— 
ø(1) in the section heading, by strik-
ing ‘‘certain’’; 
ø(2) in subsection (a), by striking 
‘‘(other than a chemical weapon as that 
term is defined in section 229F)’’; and 
ø(3) in subsection (b), by striking 
‘‘(other than a chemical weapon (as that 
term is defined in section 229F))’’. 
ø(c) EXPANSION
OF
CATEGORIES
OF
RE-
STRICTED PERSONS SUBJECT
TO PROHIBITIONS 
RELATING
TO
SELECT
AGENTS.—Section 
175b(d)(2) of title 18, United States Code, is 
amended— 
ø(1) in subparagraph (G) by—
2771 
ø(A) inserting ‘‘(i)’’ after ‘‘(G)’’; 
ø(B) inserting ‘‘, or (ii) acts for or 
on behalf of, or operates subject to 
the direction or control of, a govern-
ment or official of a country de-
scribed in this subparagraph’’ after 
‘‘terrorism’’; and 
ø(C) striking ‘‘or’’ after the semi-
colon. 
ø(2) in subparagraph (H) by striking 
the period and inserting ‘‘; or’’; and 
ø(3) by adding at the end the fol-
lowing new subparagraph: 
ø‘‘(I) is a member of, acts for or on 
behalf of, or operates subject to the 
direction or control of, a terrorist or-
ganization 
as 
defined 
in 
section 
212(a)(3)(B)(vi) of the Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(3)(B)(vi)).’’. 
ø(d) CONFORMING AMENDMENT TO REGULA-
TIONS.— 
ø(1) Section 175b(a)(1) of title 18, 
United States Code, is amended by strik-
ing ‘‘as a select agent in Appendix A’’ and
2772 
all that follows and inserting the fol-
lowing: ‘‘as a non-overlap or overlap se-
lect biological agent or toxin in sections 
73.4 and 73.5 of title 42, Code of Federal 
Regulations, pursuant to section 351A of 
the Public Health Service Act, and is not 
excluded under sections 73.4 and 73.5 or 
exempted under section 73.6 of title 42, 
Code of Federal Regulations.’’. 
ø(2) The amendment made by para-
graph (1) shall take effect at the same 
time that sections 73.4, 73.5, and 73.6 of 
title 42, Code of Federal Regulations, be-
come effective. 
ø(e) ENHANCING PROSECUTION OF WEAPONS 
OF
MASS
DESTRUCTION
OFFENSES.—Section 
1961(1)(B) of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘sections 175–178 (relating to biological weap-
ons), sections 229–229F (relating to chemical 
weapons), section 831 (relating to nuclear ma-
terials),’’.
2773 
øSEC. 2053. PARTICIPATION IN NUCLEAR AND WEAPONS OF 
MASS 
DESTRUCTION 
THREATS 
TO 
THE 
UNITED STATES. 
ø(a) Section 57(b) of the Atomic Energy 
Act of 1954 (42 U.S.C. 2077(b)) is amended by 
striking ‘‘in the production of any special nu-
clear material’’ and inserting ‘‘or participate 
in the development or production of any spe-
cial nuclear material or atomic weapon’’. 
ø(b) Title 18, United States Code, is 
amended— 
ø(1) in the table of sections at the be-
ginning of chapter 39, by inserting after 
the item relating to section 831 the fol-
lowing: 
ø‘‘832. Participation in nuclear and weapons of mass destruc-
tion threats to the United States.’’; 
ø(2) by inserting after section 831 the 
following: 
ø‘‘§ 832. Participation in nuclear and weapons of 
mass destruction threats to the United 
States 
ø‘‘(a) Whoever, within the United States or 
subject to the jurisdiction of the United 
States, willfully participates in or provides 
material support or resources (as defined in
2774 
section 2339A) to a nuclear weapons program 
or other weapons of mass destruction pro-
gram of a foreign terrorist power, or attempts 
or conspires to do so, shall be imprisoned for 
not more than 20 years. 
ø‘‘(b) There is extraterritorial Federal ju-
risdiction over an offense under this section. 
ø‘‘(c) Whoever without lawful authority 
develops, possesses, or attempts or conspires 
to develop or possess a radiological weapon, 
or threatens to use or uses a radiological 
weapon against any person within the United 
States, or a national of the United States 
while such national is outside the United 
States or against any property that is owned, 
leased, funded or used by the United States, 
whether that property is within or outside the 
United States, shall be imprisoned for any 
term of years or for life, and if death results, 
shall be punished by death or imprisoned for 
any term of years or for life. 
ø‘‘(d) As used in this section— 
ø‘‘(1) 
‘nuclear 
weapons 
program’ 
means a program or plan for the develop-
2775 
ment, acquisition, or production of any 
nuclear weapon or weapons; 
ø‘‘(2) ‘weapons of mass destruction 
program’ means a program or plan for 
the development, acquisition, or produc-
tion of any weapon or weapons of mass 
destruction 
(as 
defined 
in 
section 
2332a(c)); 
ø‘‘(3) ‘foreign terrorist power’ means a 
terrorist organization designated under 
section 219 of the Immigration and Na-
tionality Act, or a state sponsor of ter-
rorism designated under section 6(j) of 
the Export Administration Act of 1979 or 
section 620A of the Foreign Assistance 
Act of 1961; and 
ø‘‘(4) ‘nuclear weapon’ means any 
weapon that contains or uses nuclear ma-
terial as defined in section 831(f)(1).’’; and 
ø(3) in section 2332b(g)(5)(B)(i), by in-
serting after ‘‘nuclear materials),’’ the fol-
lowing: ‘‘832 (relating to participation in 
nuclear and weapons of mass destruction 
threats to the United States)’’.
2776 
øSEC. 2054. PROLIFERATION OF WEAPONS OF MASS DE-
STRUCTION. 
ø(a) FINDINGS.—Consistent with the report 
of the National Commission on Terrorist At-
tacks Upon the United States, Congress 
makes the following findings: 
ø(1) Al Qaeda has tried to acquire or 
make weapons of mass destruction since 
1994 or earlier. 
ø(2) 
The 
United 
States 
doubtless 
would be a prime target for use of any 
such weapon by al Qaeda. 
ø(3) Although the United States Gov-
ernment has redoubled its international 
commitments to supporting the programs 
for Cooperative Threat Reduction and 
other nonproliferation assistance pro-
grams, nonproliferation experts continue 
to express deep concern about the United 
States Government’s commitment and ap-
proach to securing the weapons of mass 
destruction and related highly dangerous 
materials that are still scattered among 
Russia and other countries of the former 
Soviet Union.
2777 
ø(4) The cost of increased investment 
in the prevention of proliferation of 
weapons of mass destruction and related 
dangerous 
materials 
is 
greatly 
out-
weighed by the potentially catastrophic 
cost to the United States of use of weap-
ons of mass destruction or related dan-
gerous materials by the terrorists who 
are so eager to acquire them. 
ø(b) SENSE OF CONGRESS.—It is the sense of 
Congress that— 
ø(1) maximum effort to prevent the 
proliferation of weapons of mass destruc-
tion, wherever such proliferation may 
occur, is warranted; and 
ø(2) the programs of the United 
States Government to prevent or counter 
the proliferation of weapons of mass de-
struction, including the Proliferation Se-
curity Initiative, the programs for Coop-
erative Threat Reduction, and other non-
proliferation assistance programs, should 
be expanded, improved, and better fund-
ed to address the global dimensions of 
the proliferation threat.
2778 
ø(c) REQUIREMENT
FOR
STRATEGY.—Not 
later than 180 days after the date of the enact-
ment of this Act, the President shall submit to 
Congress— 
ø(1) a strategy for expanding and 
strengthening the Proliferation Security 
Initiative, the programs for Cooperative 
Threat 
Reduction, 
and 
other 
non-
proliferation assistance programs; and 
ø(2) an estimate of the funding nec-
essary to execute that strategy. 
ø(d) REPORT ON REFORMING THE COOPERA-
TIVE THREAT REDUCTION PROGRAM AND OTHER 
NON-PROLIFERATION ASSISTANCE PROGRAMS.— 
Not later than 180 days after the date of the 
enactment of this Act, the President shall sub-
mit to Congress a report evaluating whether 
the United States could more effectively ad-
dress the global threat of nuclear prolifera-
tion by— 
ø(1) establishing a central coordi-
nator for the programs for Cooperative 
Threat Reduction; 
ø(2) eliminating the requirement that 
the 
President 
spend 
no 
more 
than
2779 
$50,000,000 annually on programs for Co-
operative Threat Reduction and other 
non-proliferation 
assistance 
programs 
carried out outside the former Soviet 
Union; or 
ø(3) repealing the provisions of the 
Soviet Nuclear Threat Reduction Act of 
1991 (22 U.S.C. 2551 note) that place con-
ditions on assistance to the former Soviet 
Union unrelated to bilateral cooperation 
on weapons dismantlement. 
øSEC. 2055. SENSE OF CONGRESS REGARDING INTER-
NATIONAL counterproliferation EFFORTS. 
øIt is the sense of Congress that the 
United States should work with the inter-
national community to develop laws and an 
international legal regime with universal ju-
risdiction to enable the interdiction of nu-
clear material and technology, and the cap-
ture, interdiction, and prosecution of individ-
uals or entities involved in the smuggling or 
transfer of nuclear material or technology to 
any state in the world where they do not fully 
disclose the nature of their nuclear program.
2780 
øSEC. 2056. REMOVAL OF POTENTIAL NUCLEAR WEAPONS 
MATERIALS 
FROM 
VULNERABLE 
SITES 
WORLDWIDE. 
ø(a) SENSE OF CONGRESS.—It is the sense of 
Congress that removing potential nuclear 
weapons materials from vulnerable sites 
around the world would reduce the possi-
bility that such materials could fall into the 
hands of al Qaeda or other groups and states 
hostile to the United States, and should be a 
top priority for achieving the national secu-
rity of the United States. Several actions may 
be taken to reduce the risk that nuclear weap-
ons materials may end up in terrorist hands, 
including— 
ø(1) transporting such materials from 
such sites to secure facilities; 
ø(2) providing interim security up-
grades for such materials pending their 
removal from their current sites; 
ø(3) managing such materials after 
their arrival at secure facilities; 
ø(4) purchasing such materials; 
ø(5) converting such sites to the use 
of low-enriched uranium fuels;
2781 
ø(6) assisting in the closure and de-
commissioning of such sites; 
ø(7) providing incentives to facilitate 
the removal of such materials from vul-
nerable facilities; 
ø(8) arranging for the shipment of po-
tential nuclear weapons materials to the 
United States, or to other countries will-
ing to accept such materials and able to 
provide high levels of security for such 
materials, and dispose of such materials, 
in order to ensure that United States na-
tional security objectives are accom-
plished as quickly and effectively as pos-
sible; and 
ø(9) providing funds to upgrade secu-
rity and accounting at sites where poten-
tial nuclear weapons materials will re-
main for an extended period in order to 
ensure that such materials are secure 
against plausible potential threats, and 
will remain so in the future. 
ø(b) REPORT.— 
ø(1) Not later than 30 days after the 
submittal to Congress of the budget of
2782 
the President for fiscal year 2006 pursu-
ant to section 1105(a) of title 31, United 
States Code, the administration shall sub-
mit to Congress a report that includes 
the following: 
ø(A) A list of the sites determined 
to be of the highest priorities for re-
moval of potential nuclear weapons 
materials, based on the quantity and 
attractiveness of such materials at 
such sites and the risk of theft or di-
version of such materials for weapons 
purposes. 
ø(B) An inventory of all sites 
worldwide 
where 
highly-enriched 
uranium or separated plutonium is 
located, including, to the extent prac-
ticable, a prioritized assessment of 
the terrorism and proliferation risk 
posed by such materials at each such 
site, based on the quantity of such 
materials, the attractiveness of such 
materials for use in nuclear weapons, 
the current level of security and ac-
counting for such materials, and the
2783 
level of threat (including the effects 
of terrorist or criminal activity and 
the pay and morale of personnel and 
guards) in the country or region 
where such sites are located. 
ø(C) A strategic plan, including 
measurable milestones and metrics. 
ø(D) An estimate of the funds re-
quired to secure these materials. 
ø(E) The recommendations of the 
Administration on whether any fur-
ther 
legislative 
actions 
or 
inter-
national agreements are necessary to 
facilitate the accomplishment of the 
objective. 
ø(2) The report shall be submitted in 
unclassified form, but may include a clas-
sified annex. 
ø(c) POTENTIAL NUCLEAR WEAPONS MATE-
RIAL DEFINED.—In this section, the term ‘‘po-
tential nuclear weapons material’’ means plu-
tonium, highly-enriched uranium, or other 
material capable of sustaining an explosive 
nuclear chain reaction, including irradiated 
materials if the radiation field from such ma-
2784 
terials is not sufficient to prevent the theft 
and use of such materials for an explosive nu-
clear chain reaction. 
øSubtitle E—Money Laundering 
and Terrorist Financing 
øCHAPTER 1—FUNDING TO COMBAT FI-
NANCIAL CRIMES INCLUDING TER-
RORIST FINANCING 
øSEC. 2101. ADDITIONAL AUTHORIZATION FOR FINCEN. 
øSubsection (d) of section 310 of title 31, 
United States Code, is amended— 
ø(1) by striking ‘‘APPROPRIATIONS.— 
There are authorized’’ and inserting ‘‘AP-
PROPRIATIONS.— 
ø‘‘(1) IN GENERAL.—There are author-
ized’’; and 
ø(2) by adding at the end the fol-
lowing new paragraph: 
ø‘‘(2) AUTHORIZATION FOR FUNDING KEY 
TECHNOLOGICAL IMPROVEMENTS IN MISSION- 
CRITICAL FINCEN SYSTEMS.—There are au-
thorized to be appropriated for fiscal 
year 2005 the following amounts, which 
are authorized to remain available until 
expended:
2785 
ø‘‘(A) BSA 
DIRECT.—For techno-
logical improvements to provide au-
thorized law enforcement and finan-
cial regulatory agencies with Web- 
based access to FinCEN data, to fully 
develop and implement the highly se-
cure network required under section 
362 of Public Law 107–56 to expedite 
the filing of, and reduce the filing 
costs for, financial institution reports, 
including suspicious activity reports, 
collected by FinCEN under chapter 
53 and related provisions of law, and 
enable FinCEN to immediately alert 
financial 
institutions 
about 
sus-
picious activities that warrant imme-
diate and enhanced scrutiny, and to 
provide and upgrade advanced infor-
mation-sharing technologies to mate-
rially improve the Government’s abil-
ity to exploit the information in the 
FinCEN databanks $16,500,000. 
ø‘‘(B) ADVANCED ANALYTICAL TECH-
NOLOGIES.—To provide advanced ana-
lytical tools needed to ensure that the
2786 
data 
collected 
by 
FinCEN 
under 
chapter 53 and related provisions of 
law are utilized fully and appro-
priately in safeguarding financial in-
stitutions and supporting the war on 
terrorism, $5,000,000. 
ø‘‘(C) 
DATA
NETWORKING
MOD-
ERNIZATION.—To 
improve 
the 
tele-
communications 
infrastructure 
to 
support the improved capabilities of 
the FinCEN systems, $3,000,000. 
ø‘‘(D) ENHANCED COMPLIANCE CAPA-
BILITY.—To improve the effectiveness 
of 
the 
Office 
of 
Compliance 
in 
FinCEN, $3,000,000. 
ø‘‘(E) DETECTION
AND
PREVENTION 
OF FINANCIAL CRIMES AND TERRORISM.— 
To provide development of, and train-
ing in the use of, technology to detect 
and prevent financial crimes and ter-
rorism within and without the United 
States, $8,000,000.’’.
2787 
øSEC. 2102. MONEY LAUNDERING AND FINANCIAL CRIMES 
STRATEGY REAUTHORIZATION. 
ø(a) PROGRAM.—Section 5341(a)(2) of title 
31, United States Code, is amended by strik-
ing ‘‘and 2003,’’ and inserting ‘‘2003, and 
2005,’’. 
ø(b) 
REAUTHORIZATION
OF
APPROPRIA-
TIONS.—Section 5355 of title 31, United States 
Code, is amended by adding at the end the fol-
lowing: 
ø‘‘Fiscal year 2004 .......................................................
$15,000,000
øFiscal year 2005 ........................................................
$15,000,000’’. 
øCHAPTER 2—ENFORCEMENT TOOLS TO 
COMBAT FINANCIAL CRIMES INCLUD-
ING TERRORIST FINANCING 
øSubchapter A—Money Laundering Abate-
ment and Financial Antiterrorism Tech-
nical Corrections 
øSEC. 2111. SHORT TITLE. 
øThis subtitle may be cited as the ‘‘Money 
Laundering 
Abatement 
and 
Financial 
Antiterrorism Technical Corrections Act of 
2004’’.
2788 
øSEC. 2112. TECHNICAL CORRECTIONS TO PUBLIC LAW 107– 
56. 
ø(a) The heading of title III of Public Law 
107–56 is amended to read as follows: 
ø‘‘TITLE 
III—INTERNATIONAL 
MONEY LAUNDERING ABATE-
MENT 
AND 
FINANCIAL 
ANTITERRORISM 
ACT 
OF 
2001’’. 
ø(b) The table of contents of Public Law 
107–56 is amended by striking the item relat-
ing to title III and inserting the following new 
item: 
ø‘‘TITLE 
III—INTERNATIONAL 
MONEY 
LAUNDERING 
ABATEMENT AND FINANCIAL ANTITERRORISM ACT OF 
2001’’. 
ø(c) Section 302 of Public Law 107–56 is 
amended— 
ø(1) in subsection (a)(4), by striking 
the comma after ‘‘movement of criminal 
funds’’; 
ø(2) in subsection (b)(7), by inserting 
‘‘or types of accounts’’ after ‘‘classes of 
international transactions’’; and 
ø(3) in subsection (b)(10), by striking 
‘‘subchapters II and III’’ and inserting 
‘‘subchapter II’’.
2789 
ø(d) Section 303(a) of Public Law 107–56 is 
amended by striking ‘‘Anti-Terrorist Financ-
ing 
Act’’ 
and 
inserting 
‘‘Financial 
Antiterrorism Act’’. 
ø(e) The heading for section 311 of Public 
Law 107–56 is amended by striking ‘‘OR INTER-
NATIONAL TRANSACTIONS’’ and inserting ‘‘INTER-
NATIONAL
TRANSACTIONS, 
OR
TYPES
OF
AC-
COUNTS’’. 
ø(f) Section 314 of Public Law 107–56 is 
amended— 
ø(1) in paragraph (1)— 
ø(A) by inserting a comma after 
‘‘organizations engaged in’’; and 
ø(B) by inserting a comma after 
‘‘credible evidence of engaging in’’; 
ø(2) in paragraph (2)(A)— 
ø(A) by striking ‘‘and’’ after ‘‘non-
governmental organizations,’’; and 
ø(B) by inserting a comma after 
‘‘unwittingly 
involved 
in 
such 
fi-
nances’’; 
ø(3) in paragraph (3)(A)—
2790 
ø(A) by striking ‘‘to monitor ac-
counts of’’ and inserting ‘‘monitor ac-
counts of,’’; and 
ø(B) by striking the comma after 
‘‘organizations identified’’; and 
ø(4) in paragraph (3)(B), by inserting 
‘‘financial’’ after ‘‘size, and nature of the’’. 
ø(g) Section 321 of Public Law 107–56 is 
amended by striking ‘‘5312(2)’’ and inserting 
‘‘5312(a)(2)’’. 
ø(h) Section 325 of Public Law 107–56 is 
amended by striking ‘‘as amended by section 
202 of this title,’’ and inserting ‘‘as amended 
by section 352,’’. 
ø(i) Subsections (a)(2) and (b)(2) of section 
327 of Public Law 107–56 are each amended 
by inserting a period after ‘‘December 31, 
2001’’ and striking all that follows through the 
period at the end of each such subsection. 
ø(j) Section 356(c)(4) of Public Law 107–56 
is amended by striking ‘‘or business or other 
grantor trust’’ and inserting ‘‘, business trust, 
or other grantor trust’’. 
ø(k) Section 358(e) of Public Law 107–56 is 
amended—
2791 
ø(1) by striking ‘‘Section 123(a)’’ and 
inserting ‘‘That portion of section 123(a)’’; 
ø(2) by striking ‘‘is amended to read’’ 
and inserting ‘‘that precedes paragraph 
(1) of such section is amended to read’’; 
and 
ø(3) by striking ‘‘.’.’’ at the end of such 
section and inserting ‘‘—’ ’’. 
ø(l) Section 360 of Public Law 107–56 is 
amended— 
ø(1) in subsection (a), by inserting 
‘‘the’’ after ‘‘utilization of the funds of’’; 
and 
ø(2) in subsection (b), by striking ‘‘at 
such institutions’’ and inserting ‘‘at such 
institution’’. 
ø(m) Section 362(a)(1) of Public Law 107– 
56 is amended by striking ‘‘subchapter II or 
III’’ and inserting ‘‘subchapter II’’. 
ø(n) Section 365 of Public Law 107–56 is 
amended — 
ø(1) by redesignating the 2nd of the 2 
subsections designated as subsection (c) 
(relating to a clerical amendment) as sub-
section (d); and
2792 
ø(2) by redesignating subsection (f) as 
subsection (e). 
ø(o) Section 365(d) of Public Law 107–56 
(as so redesignated by subsection (n) of this 
section) is amended by striking ‘‘section 5332 
(as added by section 112 of this title)’’ and in-
serting ‘‘section 5330’’. 
øSEC. 2113. TECHNICAL CORRECTIONS TO OTHER PROVI-
SIONS OF LAW. 
ø(a) Section 310(c) of title 31, United 
States Code, is amended by striking ‘‘the Net-
work’’ each place such term appears and in-
serting ‘‘FinCEN’’. 
ø(b) Section 5312(a)(3)(C) of title 31, 
United States Code, is amended by striking 
‘‘sections 5333 and 5316’’ and inserting ‘‘sec-
tions 5316 and 5331’’. 
ø(c) Section 5318(i) of title 31, United 
States Code, is amended— 
ø(1) in paragraph (3)(B), by inserting 
a comma after ‘‘foreign political figure’’ 
the 2nd place such term appears; and 
ø(2) in the heading of paragraph (4), 
by striking ‘‘DEFINITION’’ and inserting 
‘‘DEFINITIONS’’.
2793 
ø(d) Section 5318(k)(1)(B) of title 31, 
United States Code, is amended by striking 
‘‘section 5318A(f)(1)(B)’’ and inserting ‘‘section 
5318A(e)(1)(B)’’. 
ø(e) The heading for section 5318A of title 
31, United States Code, is amended to read as 
follows: 
ø‘‘§ 5318A Special measures for jurisdictions, finan-
cial 
institutions, 
international 
trans-
actions, or types of accounts of primary 
money laundering concern’’. 
ø(f) Section 5318A of title 31, United States 
Code, is amended— 
ø(1) in subsection (a)(4)(A), by strik-
ing ‘‘, as defined in section 3 of the Fed-
eral Deposit Insurance Act,’’ and insert-
ing ‘‘ (as defined in section 3 of the Fed-
eral Deposit Insurance Act)’’; 
ø(2) in subsection (a)(4)(B)(iii), by 
striking ‘‘or class of transactions’’ and in-
serting ‘‘class of transactions, or type of 
account’’; 
ø(3) in subsection (b)(1)(A), by strik-
ing ‘‘or class of transactions to be’’ and
2794 
inserting ‘‘class of transactions, or type of 
account to be’’; and 
ø(4) in subsection (e)(3), by inserting 
‘‘or subsection (i) or (j) of section 5318’’ 
after ‘‘identification of individuals under 
this section’’. 
ø(g) Section 5324(b) of title 31, United 
States Code, is amended by striking ‘‘5333’’ 
each place such term appears and inserting 
‘‘5331’’. 
ø(h) Section 5332 of title 31, United States 
Code, is amended— 
ø(1) in subsection (b)(2), by striking ‘‘, 
subject to subsection (d) of this section’’; 
and 
ø(2) in subsection (c)(1), by striking ‘‘, 
subject to subsection (d) of this section,’’. 
ø(i) The table of sections for subchapter II 
of chapter 53 of title 31, United States Code, 
is amended by striking the item relating to 
section 5318A and inserting the following new 
item: 
ø‘‘5318A. Special measures for jurisdictions, financial institu-
tions, international transactions, or types of ac-
counts of primary money laundering concern.’’. 
ø(j) Section 18(w)(3) of the Federal De-
posit Insurance Act (12 U.S.C. 1828(w)(3)) is
2795 
amended by inserting a comma after ‘‘agent of 
such institution’’. 
ø(k) Section 21(a)(2) of the Federal De-
posit Insurance Act (12 U.S.C. 1829b(a)(2)) is 
amended by striking ‘‘recognizes that’’ and in-
serting ‘‘recognizing that’’. 
ø(l) Section 626(e) of the Fair Credit Re-
porting Act (15 U.S.C. 1681v(e)) is amended by 
striking ‘‘governmental agency’’ and inserting 
‘‘government agency’’. 
øSEC. 2114. REPEAL OF REVIEW. 
øTitle III of Public Law 107–56 is amended 
by striking section 303 (31 U.S.C. 5311 note). 
øSEC. 2115. EFFECTIVE DATE. 
øThe amendments made by this subtitle to 
Public Law 107–56, the United States Code, 
the Federal Deposit Insurance Act, and any 
other provision of law shall take effect as if 
such amendments had been included in Pub-
lic Law 107–56, as of the date of the enactment 
of such Public Law, and no amendment made 
by such Public Law that is inconsistent with 
an amendment made by this subtitle shall be 
deemed to have taken effect.
2796 
øSubchapter B—Additional Enforcement 
Tools 
øSEC. 2121. BUREAU OF ENGRAVING AND PRINTING SECU-
RITY PRINTING. 
ø(a) PRODUCTION OF DOCUMENTS.—Section 
5114(a) of title 31, United States Code (relat-
ing to engraving and printing currency and 
security documents), is amended— 
ø(1) by striking ‘‘(a) The Secretary of 
the Treasury’’ and inserting: 
ø‘‘(a) AUTHORITY TO ENGRAVE AND PRINT.— 
ø‘‘(1) IN
GENERAL.—The Secretary of 
the Treasury’’; and 
ø(2) by adding at the end the fol-
lowing new paragraphs: 
ø‘‘(2) ENGRAVING
AND
PRINTING
FOR 
OTHER
GOVERNMENTS.—The Secretary of 
the Treasury may produce currency, 
postage stamps, and other security docu-
ments for foreign governments if— 
ø‘‘(A) the Secretary of the Treas-
ury determines that such production 
will not interfere with engraving and 
printing needs of the United States; 
and
2797 
ø‘‘(B) the Secretary of State deter-
mines that such production would be 
consistent with the foreign policy of 
the United States. 
ø‘‘(3) PROCUREMENT GUIDELINES.—Arti-
cles, material, and supplies procured for 
use in the production of currency, post-
age stamps, and other security docu-
ments for foreign governments pursuant 
to paragraph (2) shall be treated in the 
same manner as articles, material, and 
supplies procured for public use within 
the United States for purposes of title III 
of the Act of March 3, 1933 (41 U.S.C. 10a 
et seq.; commonly referred to as the Buy 
American Act).’’. 
ø(b) REIMBURSEMENT.—Section 5143 of title 
31, United States Code (relating to payment 
for services of the Bureau of Engraving and 
Printing), is amended— 
ø(1) in the first sentence, by inserting 
‘‘or to a foreign government under sec-
tion 5114’’ after ‘‘agency’’;
2798 
ø(2) in the second sentence, by insert-
ing ‘‘and other’’ after ‘‘including adminis-
trative’’; and 
ø(3) in the last sentence, by inserting 
‘‘, and the Secretary shall take such ac-
tion, in coordination with the Secretary 
of State, as may be appropriate to ensure 
prompt payment by a foreign government 
of any invoice or statement of account 
submitted by the Secretary with respect 
to services rendered under section 5114’’ 
before the period at the end. 
øSEC. 2122. CONDUCT IN AID OF COUNTERFEITING. 
ø(a) IN GENERAL.—Section 474(a) of title 
18, United States Code, is amended by insert-
ing after the paragraph beginning ‘‘Whoever 
has in his control, custody, or possession any 
plate’’ the following: 
ø‘‘Whoever, with intent to defraud, has in 
his custody, control, or possession any mate-
rial that can be used to make, alter, forge or 
counterfeit any obligations and other securi-
ties of the United States or any part of such 
securities and obligations, except under the
2799 
authority of the Secretary of the Treasury; 
or’’. 
ø(b) FOREIGN
OBLIGATIONS
AND
SECURI-
TIES.—Section 481 of title 18, United States 
Code, is amended by inserting after the para-
graph beginning ‘‘Whoever, with intent to de-
fraud’’ the following: 
ø‘‘Whoever, with intent to defraud, has in 
his custody, control, or possession any mate-
rial that can be used to make, alter, forge or 
counterfeit any obligation or other security of 
any foreign government, bank or corporation; 
or’’. 
ø(c) COUNTERFEIT ACTS.—Section 470 of 
title 18, United States Code, is amended by 
striking ‘‘or 474’’ and inserting ‘‘474, or 474A’’. 
ø(d) MATERIALS USED IN COUNTERFEITING.— 
Section 474A(b) of title 18, United States Code, 
is amended by striking ‘‘any essentially iden-
tical’’ and inserting ‘‘any thing or material 
made after or in the similitude of any’’.
2800 
øSubtitle F—Criminal History 
Background Checks 
øSEC. 2141. SHORT TITLE. 
øThis subtitle may be cited as the ‘‘Crimi-
nal History Access Means Protection of Infra-
structures and Our Nation Act’’. 
øSEC. 2142. CRIMINAL HISTORY BACKGROUND CHECKS. 
ø(a) IN GENERAL.—Section 534 of title 28, 
United States Code, is amended by adding at 
the end the following: 
ø‘‘(f)(1) Under rules prescribed by the At-
torney General, the Attorney General shall, 
within 60 days after the date of enactment, 
initiate a pilot program to establish and main-
tain a system for providing to an employer 
criminal history information that— 
ø‘‘(A) is in the possession of the Attor-
ney General; and 
ø‘‘(B) is requested by an employer as 
part of an employee criminal history in-
vestigation that has been authorized by 
the State where the employee works or 
where the employer has their principal 
place of business;
2801 
in order to ensure that a prospective em-
ployee is suitable for certain employment po-
sitions. 
ø‘‘(2) The Attorney General shall require 
that an employer seeking criminal history in-
formation of an employee request such infor-
mation and submit fingerprints or other bio-
metric identifiers as approved by the Attor-
ney General to provide a positive and reliable 
identification of such prospective employee. 
ø‘‘(3) The Director of the Federal Bureau 
of Investigation may require an employer to 
pay a reasonable fee for such information. 
ø‘‘(4) Upon receipt of fingerprints or other 
biometric identifiers, the Attorney General 
shall conduct an Integrated Fingerprint Iden-
tification System of the Federal Bureau of In-
vestigation (IAFIS) check and provide the re-
sults of such check to the requester. 
ø‘‘(5) As used in this subsection, 
ø‘‘(A) the term ‘criminal history infor-
mation’ and ‘criminal history records’ in-
cludes— 
ø‘‘(i) an identifying description of 
the individual to whom it pertains;
2802 
ø‘‘(ii) notations of arrests, deten-
tions, indictments, or other formal 
criminal charges pertaining to such 
individual; and 
ø‘‘(iii) any disposition to a nota-
tion revealed in subparagraph (B), in-
cluding acquittal, sentencing, correc-
tional supervision, or release. 
ø‘‘(B) the term ‘Integrated Automated 
Fingerprint Identification System of the 
Federal Bureau of Investigation (IAFIS)’ 
means the national depository for finger-
print, biometric, and criminal history in-
formation, through which fingerprints 
are processed electronically. 
ø‘‘(6) Nothing in this subsection shall pre-
clude the Attorney General from authorizing 
or requiring criminal history record checks 
on individuals employed or seeking employ-
ment in positions vital to the Nation’s critical 
infrastructure or key resources as those 
terms are defined in section 1016(e) of Public 
Law 107–56 (42 U.S.C. 5195c(e)) and section 
2(9) of the Homeland Security Act of 2002 (6
2803 
U.S.C. 101(9)), if pursuant to a law or execu-
tive order.’’. 
ø(b) REPORT TO CONGRESS.— 
ø(1) IN
GENERAL.—Not later than 60 
days after the conclusion of the pilot pro-
gram, the Attorney General shall report 
to the appropriate committees of Con-
gress regarding all statutory require-
ments for criminal history record checks 
that are required to be conducted by the 
Department of Justice or any of its com-
ponents. 
ø(2) IDENTIFICATION OF INFORMATION.— 
The Attorney General shall identify the 
number of records requested, including 
the type of information requested, usage 
of different terms and definitions regard-
ing criminal history information, and the 
variation in fees charged for such infor-
mation and who pays such fees. 
ø(3) RECOMMENDATIONS.—The Attor-
ney General shall make recommendations 
for consolidating the existing procedures 
into a unified procedure consistent with 
that provided in section 534(f) of title 28,
2804 
United States Code, as amended by this 
subtitle. In making the recommendations 
to Congress, the Attorney General shall 
consider— 
ø(A) the effectiveness of utilizing 
commercially available databases as a 
supplement to IAFIS criminal history 
information checks; 
ø(B) the effectiveness of utilizing 
State databases as a supplement to 
IAFIS criminal history information 
checks; 
ø(C) any feasibility studies by the 
Department of Justice of the FBI’s re-
sources and structure to establish a 
system to provide criminal history in-
formation; and 
ø(D) privacy rights and other em-
ployee protections to include em-
ployee consent, access to the records 
used if employment was denied, an 
appeal mechanism, and penalties for 
misuse of the information. 
øSEC. 2143. PROTECT ACT. 
øPublic Law 108–21 is amended—
2805 
ø(1) in section 108(a)(2)(A) by striking 
‘‘an 18 month’’ and inserting ‘‘a 30- 
month’’; and 
ø(2) in section 108(a)(3)(A) by striking 
‘‘an 
18-month’’ 
and 
inserting 
‘‘a 
30- 
month’’. 
øSEC. 2144. REVIEWS OF CRIMINAL RECORDS OF APPLI-
CANTS FOR PRIVATE SECURITY OFFICER EM-
PLOYMENT. 
ø(a) SHORT TITLE.—This section may be 
cited as the ‘‘Private Security Officer Employ-
ment Authorization Act of 2004’’. 
ø(b) FINDINGS.—Congress finds that— 
ø(1) employment of private security 
officers in the United States is growing 
rapidly; 
ø(2) private security officers function 
as an adjunct to, but not a replacement 
for, public law enforcement by helping to 
reduce and prevent crime; 
ø(3) such private security officers 
protect individuals, property, and propri-
etary information, and provide protec-
tion to such diverse operations as banks, 
hospitals, research and development cen-
2806 
ters, manufacturing facilities, defense 
and aerospace contractors, high tech-
nology businesses, nuclear power plants, 
chemical companies, oil and gas refin-
eries, airports, communication facilities 
and operations, office complexes, schools, 
residential properties, apartment com-
plexes, gated communities, and others; 
ø(4) sworn law enforcement officers 
provide significant services to the citi-
zens of the United States in its public 
areas, and are supplemented by private 
security officers; 
ø(5) the threat of additional terrorist 
attacks requires cooperation between 
public and private sectors and demands 
professional, reliable, and responsible se-
curity officers for the protection of peo-
ple, facilities, and institutions; 
ø(6) the trend in the Nation toward 
growth in such security services has ac-
celerated rapidly; 
ø(7) such growth makes available 
more public sector law enforcement offi-
2807 
cers 
to 
combat 
serious 
and 
violent 
crimes, including terrorism; 
ø(8) the American public deserves the 
employment of qualified, well-trained pri-
vate security personnel as an adjunct to 
sworn law enforcement officers; and 
ø(9) private security officers and ap-
plicants for private security officer posi-
tions should be thoroughly screen and 
trained. 
ø(c) DEFINITIONS.—In this Act: 
ø(1) EMPLOYEE.—The term ‘‘employee’’ 
includes both a current employee and an 
applicant for employment as a private se-
curity officer. 
ø(2) AUTHORIZED EMPLOYER.—The term 
‘‘authorized employer’’ means any person 
that— 
ø(A) employs private security offi-
cers; and 
ø(B) is authorized by regulations 
promulgated by the Attorney General 
to request a criminal history record 
information search of an employee
2808 
through a State identification bureau 
pursuant to this section. 
ø(3) PRIVATE
SECURITY
OFFICER.—The 
term ‘‘private security officer’— 
ø(A) means an individual other 
than an employee of a Federal, State, 
or local government, whose primary 
duty is to perform security services, 
full- or part-time, for consideration, 
whether armed or unarmed and in 
uniform or plain clothes (except for 
services 
excluded 
from 
coverage 
under this Act if the Attorney Gen-
eral determines by regulation that 
such exclusion would serve the public 
interest); but 
ø(B) does not include— 
ø(i) employees whose duties 
are primarily internal audit or 
credit functions; 
ø(ii) employees of electronic 
security system companies acting 
as technicians or monitors; or
2809 
ø(iii) employees whose duties 
primarily 
involve 
the 
secure 
movement of prisoners. 
ø(4) SECURITY
SERVICES.—The term 
‘‘security services’’ means acts to protect 
people or property as defined by regula-
tions promulgated by the Attorney Gen-
eral. 
ø(5) STATE
IDENTIFICATION
BUREAU.— 
The term ‘‘State identification bureau’’ 
means the State entity designated by the 
Attorney General for the submission and 
receipt of criminal history record infor-
mation. 
ø(d) CRIMINAL HISTORY RECORD INFORMA-
TION SEARCH.— 
ø(1) IN GENERAL.— 
ø(A) 
SUBMISSION
OF
FINGER-
PRINTS.—An authorized employer may 
submit to the State identification bu-
reau of a participating State, finger-
prints or other means of positive 
identification, as determined by the 
Attorney General, of an employee of 
such employer for purposes of a
2810 
criminal history record information 
search pursuant to this Act. 
ø(B) EMPLOYEE RIGHTS.— 
ø(i) PERMISSION.—An author-
ized employer shall obtain writ-
ten consent from an employee to 
submit to the State identification 
bureau of a participating State 
the request to search the criminal 
history record information of the 
employee under this Act. 
ø(ii) ACCESS.—An authorized 
employer shall provide to the em-
ployee confidential access to any 
information relating to the em-
ployee received by the authorized 
employer pursuant to this Act. 
ø(C) PROVIDING
INFORMATION
TO 
THE
STATE
IDENTIFICATION
BUREAU.— 
Upon receipt of a request for a crimi-
nal history record information search 
from an authorized employer pursu-
ant to this Act, submitted through the 
State identification bureau of a par-
2811 
ticipating State, the Attorney General 
shall— 
ø(i) search the appropriate 
records of the Criminal Justice 
Information Services Division of 
the Federal Bureau of Investiga-
tion; and 
ø(ii) promptly provide any re-
sulting identification and crimi-
nal history record information to 
the submitting State identifica-
tion bureau requesting the infor-
mation. 
ø(D) USE OF INFORMATION.— 
ø(i) IN GENERAL.—Upon receipt 
of the criminal history record in-
formation from the Attorney Gen-
eral by the State identification 
bureau, the information shall be 
used only as provided in clause 
(ii). 
ø(ii) TERMS.—In the case of— 
ø(I) a participating State 
that has no State standards 
for qualification to be a pri-
2812 
vate security officer, the State 
shall notify an authorized em-
ployer as to the fact of wheth-
er an employee has been— 
ø(aa) convicted of a 
felony, an offense involv-
ing dishonesty or a false 
statement if the convic-
tion occurred during the 
previous 10 years, or an 
offense involving the use 
or attempted use of phys-
ical force against the per-
son of another if the con-
viction occurred during 
the previous 10 years; or 
ø(bb) charged with a 
criminal felony for which 
there has been no resolu-
tion during the preceding 
365 days; or 
ø(II) a participating State 
that has State standards for 
qualification to be a private 
security 
officer, 
the 
State
2813 
shall use the information re-
ceived pursuant to this Act in 
applying the State standards 
and shall only notify the em-
ployer of the results of the ap-
plication of the State stand-
ards. 
ø(E) FREQUENCY OF REQUESTS.—An 
authorized employer may request a 
criminal history record information 
search for an employee only once 
every 12 months of continuous em-
ployment by that employee unless the 
authorized employer has good cause 
to submit additional requests. 
ø(2) REGULATIONS.—Not later than 180 
days after the date of enactment of this 
Act, the Attorney General shall issue such 
final or interim final regulations as may 
be necessary to carry out this Act, includ-
ing— 
ø(A) measures relating to the se-
curity, confidentiality, accuracy, use, 
submission, dissemination, destruc-
2814 
tion of information and audits, and 
record keeping; 
ø(B) standards for qualification as 
an authorized employer; and 
ø(C) the imposition of reasonable 
fees necessary for conducting the 
background checks. 
ø(3) CRIMINAL
PENALTIES
FOR
USE
OF 
INFORMATION.—Whoever knowingly and 
intentionally uses any information ob-
tained pursuant to this Act other than for 
the purpose of determining the suit-
ability of an individual for employment 
as a private security officer shall be fined 
under title 18, United States Code, or im-
prisoned for not more than 2 years, or 
both. 
ø(4) USER FEES.— 
ø(A) IN GENERAL.—The Director of 
the Federal Bureau of Investigation 
may— 
ø(i) collect fees to process 
background checks provided for 
by this Act; and
2815 
ø(ii) establish such fees at a 
level to include an additional 
amount to defray expenses for the 
automation of fingerprint identi-
fication and criminal justice in-
formation services and associated 
costs. 
ø(B) LIMITATIONS.—Any fee col-
lected under this subsection— 
ø(i) shall, consistent with Pub-
lic Law 101–515 and Public Law 
104–99, be credited to the appro-
priation to be used for salaries 
and 
other 
expenses 
incurred 
through providing the services 
described in such Public Laws 
and in subparagraph (A); 
ø(ii) shall be available for ex-
penditure only to pay the costs of 
such activities and services; and 
ø(iii) shall remain available 
until expended. 
ø(C) STATE COSTS.—Nothing in this 
Act shall be construed as restricting 
the right of a State to assess a reason-
2816 
able fee on an authorized employer 
for the costs to the State of admin-
istering this Act. 
ø(5) STATE OPT OUT.—A State may de-
cline to participate in the background 
check system authorized by this Act by 
enacting a law or issuing an order by the 
Governor (if consistent with State law) 
providing that the State is declining to 
participate pursuant to this subsection. 
øSEC. 2145. TASK FORCE ON CLEARINGHOUSE FOR IAFIS 
CRIMINAL HISTORY RECORDS. 
øNot later than 60 days after the date of 
enactment of this Act, the Attorney General 
shall establish a task force to examine the es-
tablishment of a national clearinghouse to 
process IAFIS criminal history record re-
quests received directly from employers pro-
viding private security guard services with 
respect to critical infrastructure (as defined 
in section 1016(e) of Public Law 107–56 (42 
U.S.C. 5195c(e))) and other private security 
guard services. Members of this task force 
shall include representatives of the Depart-
ment of Justice and the Federal Bureau of In-
2817 
vestigation, in consultation with representa-
tives of the security guard industry. Not later 
than 90 days after the establishment of the 
task force, the Attorney General shall submit 
to Congress a report outlining how the na-
tional clearinghouse shall be established, and 
specifying a date certain (within one year of 
the enactment of this Act) by which the na-
tional clearinghouse will begin operations. 
øSubtitle G—Protection of United 
States Aviation System From 
Terrorist Attacks 
øSEC. 2171. PROVISION FOR THE USE OF BIOMETRIC OR 
OTHER TECHNOLOGY. 
ø(a) USE OF BIOMETRIC TECHNOLOGY.—Sec-
tion 44903(h) of title 49, United States Code, 
is amended— 
ø(1) in paragraph (4)(E) by striking 
‘‘may provide for’’ and inserting ‘‘shall 
issue, not later than 120 days after the 
date of enactment of paragraph (5), guid-
ance for’’; and 
ø(2) by adding at the end the fol-
lowing:
2818 
ø‘‘(5) USE OF BIOMETRIC TECHNOLOGY IN 
AIRPORT
ACCESS
CONTROL
SYSTEMS.—In 
issuing guidance under paragraph (4)(E), 
the Assistant Secretary of Homeland Se-
curity (Transportation Security Adminis-
tration), in consultation with the Attor-
ney General, representatives of the avia-
tion industry, the biometrics industry, 
and the National Institute of Standards 
and Technology, shall establish, at a min-
imum— 
ø‘‘(A) 
comprehensive 
technical 
and operational system requirements 
and performance standards for the 
use of biometrics in airport access 
control systems (including airport pe-
rimeter access control systems) to en-
sure that the biometric systems are 
effective, reliable, and secure; 
ø‘‘(B) a list of products and ven-
dors that meet such requirements 
and standards; 
ø‘‘(C) 
procedures 
for 
imple-
menting biometric systems—
2819 
ø‘‘(i) to ensure that individ-
uals do not use an assumed iden-
tity to enroll in a biometric sys-
tem; and 
ø‘‘(ii) to resolve failures to en-
roll, false matches, and false non- 
matches; and 
ø‘‘(D) best practices for incor-
porating biometric technology into 
airport access control systems in the 
most effective manner, including a 
process to best utilize existing airport 
access control systems, facilities, and 
equipment and existing data net-
works connecting airports. 
ø‘‘(6) USE
OF
BIOMETRIC
TECHNOLOGY 
FOR LAW ENFORCEMENT OFFICER TRAVEL.— 
ø‘‘(A) IN GENERAL.—Not later than 
120 days after the date of enactment 
of this paragraph, the Assistant Sec-
retary in consultation with the Attor-
ney General shall— 
ø‘‘(i) establish a law enforce-
ment officer travel credential that 
incorporates biometrics and is
2820 
uniform across all Federal, State, 
and local government law en-
forcement agencies; 
ø‘‘(ii) establish a process by 
which the travel credential will 
be used to verify the identity of a 
Federal, State, or local govern-
ment 
law 
enforcement 
officer 
seeking to carry a weapon on 
board an aircraft, without unnec-
essarily disclosing to the public 
that the individual is a law en-
forcement officer; 
ø‘‘(iii) establish procedures— 
ø‘‘(I) to ensure that only 
Federal, State, and local gov-
ernment law enforcement offi-
cers are issued the travel cre-
dential; 
ø‘‘(II) to resolve failures to 
enroll, 
false 
matches, 
and 
false non-matches relating to 
use of the travel credential; 
and
2821 
ø‘‘(III) to invalidate any 
travel credential that is lost, 
stolen, or no longer author-
ized for use; 
ø‘‘(iv) begin issuance of the 
travel credential to each Federal, 
State, and local government law 
enforcement officer authorized by 
the Assistant Secretary to carry a 
weapon on board an aircraft; and 
ø‘‘(v) take such other actions 
with respect to the travel creden-
tial as the Secretary considers ap-
propriate. 
ø‘‘(B) FUNDING.—There are author-
ized to be appropriated such sums as 
may be necessary to carry out this 
paragraph. 
ø‘‘(7) DEFINITIONS.—In this subsection, 
the following definitions apply: 
ø‘‘(A) 
BIOMETRIC
INFORMATION.— 
The 
term 
‘biometric 
information’ 
means the distinct physical or behav-
ioral characteristics that are used for
2822 
identification, or verification of the 
identity, of an individual. 
ø‘‘(B) BIOMETRICS.—The term ‘bio-
metrics’ means a technology that en-
ables the automated identification, or 
verification of the identity, of an indi-
vidual based on biometric informa-
tion. 
ø‘‘(C) FAILURE
TO
ENROLL.—The 
term ‘failure to enroll’ means the in-
ability of an individual to enroll in a 
biometric system due to an insuffi-
ciently distinctive biometric sample, 
the lack of a body part necessary to 
provide the biometric sample, a sys-
tem design that makes it difficult to 
provide consistent biometric informa-
tion, or other factors. 
ø‘‘(D) 
FALSE
MATCH.—The 
term 
‘false match’ means the incorrect 
matching of one individual’s biomet-
ric information to another individ-
ual’s biometric information by a bio-
metric system.
2823 
ø‘‘(E) FALSE NON-MATCH.—The term 
‘false non-match’ means the rejection 
of a valid identity by a biometric sys-
tem. 
ø‘‘(F) SECURE
AREA
OF
AN
AIR-
PORT.—The term ‘secure area of an 
airport’ means the sterile area and 
the 
Secure 
Identification 
Display 
Area of an airport (as such terms are 
defined in section 1540.5 of title 49, 
Code of Federal Regulations, or any 
successor regulation to such sec-
tion).’’. 
ø(b) FUNDING FOR USE OF BIOMETRIC TECH-
NOLOGY
IN
AIRPORT
ACCESS
CONTROL
SYS-
TEMS.— 
ø(1) 
GRANT
AUTHORITY.—Section 
44923(a)(4) of title 49, United States Code, 
is amended— 
ø(A) by striking ‘‘and’’ at the end 
of paragraph (3); 
ø(B) by redesignating paragraph 
(4) as paragraph (5); and 
ø(C) by inserting after paragraph 
(3) the following:
2824 
ø‘‘(4) for projects to implement bio-
metric technologies in accordance with 
guidance 
issued 
under 
section 
44903(h)(4)(E); and’’. 
ø(2) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—Section 44923(i)(1) of such title is 
amended by striking ‘‘$250,000,000 for 
each of fiscal years 2004 through 2007’’ 
and inserting ‘‘$250,000,000 for fiscal year 
2004, $345,000,000 for fiscal year 2005, and 
$250,000,000 for each of fiscal years 2006 
and 2007’’. 
øSEC. 2172. TRANSPORTATION SECURITY STRATEGIC PLAN-
NING. 
øSection 44904 of title 49, United States 
Code, is amended— 
ø(1) by redesignating subsection (c) 
as subsection (e); and 
ø(2) by inserting after subsection (b) 
the following: 
ø‘‘(c) TRANSPORTATION SECURITY STRATEGIC 
PLANNING.— 
ø‘‘(1) IN
GENERAL.—The Secretary of 
Homeland Security in consultation with 
the Attorney General, shall prepare and
2825 
update, as needed, a transportation sec-
tor 
specific 
plan 
and 
transportation 
modal security plans in accordance with 
this section. 
ø‘‘(2) CONTENTS.—At a minimum, the 
modal security plan for aviation pre-
pared under paragraph (1) shall— 
ø‘‘(A) set risk-based priorities for 
defending aviation assets; 
ø‘‘(B) select the most practical 
and cost-effective methods for de-
fending aviation assets; 
ø‘‘(C) assign roles and missions to 
Federal, State, regional, and local au-
thorities and to stakeholders; 
ø‘‘(D) establish a damage mitiga-
tion and recovery plan for the avia-
tion system in the event of a terrorist 
attack; and 
ø‘‘(E) include a threat matrix doc-
ument that outlines each threat to 
the United States civil aviation sys-
tem and the corresponding layers of 
security in place to address such 
threat.
2826 
ø‘‘(3) REPORTS.—Not later than 180 
days after the date of enactment of the 
subsection and annually thereafter, the 
Secretary shall submit to the Committee 
on Transportation and Infrastructure 
and the Committee on the Judiciary of 
the House of Representatives and the 
Committee on Commerce, Science, and 
Transportation of the Senate a report 
containing the plans prepared under 
paragraph (1), including any updates to 
the plans. The report may be submitted 
in a classified format. 
ø‘‘(d) OPERATIONAL
CRITERIA.—Not later 
than 90 days after the date of submission of 
the report under subsection (c)(3), the Assist-
ant Secretary of Homeland Security (Trans-
portation Security Administration) in con-
sultation with the Attorney General shall 
issue operational criteria to protect airport 
infrastructure and operations against the 
threats identified in the plans prepared under 
subsection (c)(1) and shall approve best prac-
tices guidelines for airport assets.’’.
2827 
øSEC. 
2173. 
NEXT 
GENERATION 
AIRLINE 
PASSENGER 
PRESCREENING. 
ø(a) IN GENERAL.—Section 44903(j)(2) of 
title 49, United States Code, is amended by 
adding at the end the following: 
ø‘‘(C) NEXT
GENERATION
AIRLINE 
PASSENGER PRESCREENING.— 
ø‘‘(i) COMMENCEMENT OF TEST-
ING.—Not later than November 1, 
2004, the Assistant Secretary of 
Homeland 
Security 
(Transpor-
tation Security Administration), 
or the designee of the Assistant 
Secretary, shall commence testing 
of a next generation passenger 
prescreening 
system 
that 
will 
allow the Department of Home-
land Security to assume the per-
formance of comparing passenger 
name records to the automatic se-
lectee and no fly lists, utilizing all 
appropriate records in the con-
solidated and integrated terrorist 
watchlist maintained by the Fed-
eral Government.
2828 
ø‘‘(ii) ASSUMPTION
OF
FUNC-
TION.—Not later than 180 days 
after completion of testing under 
clause (i), the Assistant Secretary, 
or the designee of the Assistant 
Secretary, shall assume the per-
formance 
of 
the 
passenger 
prescreening 
function 
of 
com-
paring passenger name records to 
the automatic selectee and no fly 
lists and utilize all appropriate 
records in the consolidated and 
integrated 
terrorist 
watchlist 
maintained by the Federal Gov-
ernment in performing that func-
tion. 
ø‘‘(iii) REQUIREMENTS.—In as-
suming performance of the func-
tion under clause (i), the Assist-
ant Secretary shall— 
ø‘‘(I) establish a procedure 
to enable airline passengers, 
who are delayed or prohibited 
from boarding a flight be-
cause 
the 
next 
generation
2829 
passenger prescreening sys-
tem 
determined 
that 
they 
might pose a security threat, 
to appeal such determination 
and correct information con-
tained in the system; 
ø‘‘(II) ensure that Federal 
Government 
databases 
that 
will be used to establish the 
identity of a passenger under 
the system will not produce a 
large 
number 
of 
false 
positives; 
ø‘‘(III) establish an inter-
nal oversight board to oversee 
and monitor the manner in 
which the system is being im-
plemented; 
ø‘‘(IV) establish sufficient 
operational safeguards to re-
duce the opportunities for 
abuse; 
ø‘‘(V) implement substan-
tial security measures to pro-
2830 
tect the system from unau-
thorized access; 
ø‘‘(VI) adopt policies es-
tablishing effective oversight 
of the use and operation of 
the system; and 
ø‘‘(VII) ensure that there 
are no specific privacy con-
cerns with the technological 
architecture of the system. 
ø‘‘(iv) 
PASSENGER
NAME 
RECORDS.—Not later than 60 days 
after the completion of the testing 
of the next generation passenger 
prescreening system, the Assist-
ant Secretary shall require air 
carriers to supply to the Assistant 
Secretary the passenger name 
records needed to begin imple-
menting the next generation pas-
senger prescreening system. 
ø‘‘(D) SCREENING
OF
EMPLOYEES 
AGAINST
WATCHLIST.—The 
Assistant 
Secretary 
of 
Homeland 
Security 
(Transportation Security Administra-
2831 
tion), in coordination with the Sec-
retary of Transportation and the Ad-
ministrator of the Federal Aviation 
Administration, shall ensure that in-
dividuals are screened against all ap-
propriate records in the consolidated 
and 
integrated 
terrorist 
watchlist 
maintained by the Federal Govern-
ment before— 
ø‘‘(i) being certificated by the 
Federal Aviation Administration; 
ø‘‘(ii) being issued a credential 
for access to the secure area of an 
airport; or 
ø‘‘(iii) being issued a creden-
tial for access to the air oper-
ations area (as defined in section 
1540.5 of title 49, Code of Federal 
Regulations, or any successor reg-
ulation to such section) of an air-
port. 
ø‘‘(E) APPEAL
PROCEDURES.—The 
Assistant Secretary shall establish a 
timely and fair process for individ-
uals identified as a threat under sub-
2832 
paragraph (D) to appeal the deter-
mination and correct any erroneous 
information. 
ø‘‘(F) DEFINITION.—In this para-
graph, the term ‘secure area of an air-
port’ means the sterile area and the 
Secure Identification Display Area of 
an airport (as such terms are defined 
in section 1540.5 of title 49, Code of 
Federal Regulations, or any successor 
regulation to such section).’’. 
ø(b) GAO REPORT.— 
ø(1) IN
GENERAL.—Not later than 90 
days after the date on which the Assist-
ant 
Secretary 
of 
Homeland 
Security 
(Transportation Security Administration) 
assumes performance of the passenger 
prescreening 
function 
under 
section 
44903(j)(2)(C)(ii) of title 49, United States 
Code, the Comptroller General shall sub-
mit to the appropriate congressional 
committees a report on the assumption of 
such function. The report may be sub-
mitted in a classified format.
2833 
ø(2) 
CONTENTS.—The 
report 
under 
paragraph (1) shall address— 
ø(A) whether a system exists in 
the 
next 
generation 
passenger 
prescreening system whereby avia-
tion passengers, determined to pose a 
threat and either delayed or prohib-
ited from boarding their scheduled 
flights by the Transportation Security 
Administration, may appeal such a 
decision and correct erroneous infor-
mation; 
ø(B) the sufficiency of identifying 
information contained in passenger 
name records and any government 
databases for ensuring that a large 
number of false positives will not re-
sult under the next generation pas-
senger prescreening system in a sig-
nificant number of passengers being 
treated as a threat mistakenly or in 
security resources being diverted; 
ø(C) whether the Transportation 
Security Administration stress tested
2834 
the 
next 
generation 
passenger 
prescreening system; 
ø(D) whether an internal over-
sight board has been established in 
the Department of Homeland Secu-
rity to monitor the next generation 
passenger prescreening system; 
ø(E) 
whether 
sufficient 
oper-
ational safeguards have been estab-
lished to prevent the opportunities 
for abuse of the system; 
ø(F) whether substantial security 
measures are in place to protect the 
passenger 
prescreening 
database 
from unauthorized access; 
ø(G) whether policies have been 
adopted for the effective oversight of 
the use and operation of the system; 
ø(H) whether specific privacy con-
cerns still exist with the system; and 
ø(I) 
whether 
appropriate 
life 
cycle cost estimates have been devel-
oped, and a benefit and cost analysis 
has been performed, for the system.
2835 
øSEC. 2174. DEPLOYMENT AND USE OF EXPLOSIVE DETEC-
TION EQUIPMENT AT AIRPORT SCREENING 
CHECKPOINTS. 
ø(a) NONMETALLIC WEAPONS
AND EXPLO-
SIVES.—In order to improve security, the As-
sistant 
Secretary 
of 
Homeland 
Security 
(Transportation 
Security 
Administration) 
shall give priority to developing, testing, im-
proving, and deploying technology at screen-
ing checkpoints at airports that will detect 
nonmetallic weapons and explosives on the 
person of individuals, in their clothing, or in 
their carry-on baggage or personal property 
and shall ensure that the equipment alone, or 
as part of an integrated system, can detect 
under realistic operating conditions the types 
of nonmetallic weapons and explosives that 
terrorists would likely try to smuggle aboard 
an air carrier aircraft. 
ø(b) STRATEGIC PLAN FOR DEPLOYMENT AND 
USE OF EXPLOSIVE DETECTION EQUIPMENT AT 
AIRPORT SCREENING CHECKPOINTS.— 
ø(1) IN
GENERAL.—Not later than 90 
days after the date of enactment of this 
Act, the Assistant Secretary shall trans-
mit to the appropriate congressional
2836 
committees a strategic plan to promote 
the optimal utilization and deployment of 
explosive detection systems at airports to 
screen individuals and their carry-on 
baggage or personal property, including 
walk-through explosive detection portals, 
document scanners, shoe scanners, and 
any other explosive detection equipment 
for use at a screening checkpoint. The 
plan may be transmitted in a classified 
format. 
ø(2) CONTENTS.—The strategic plan 
shall include descriptions of the oper-
ational applications of explosive detec-
tion 
equipment 
at 
airport 
screening 
checkpoints, a deployment schedule and 
quantities of equipment needed to imple-
ment the plan, and funding needs for im-
plementation of the plan, including a fi-
nancing plan that provides for leveraging 
non-Federal funding.
2837 
øSEC. 2175. PILOT PROGRAM TO EVALUATE USE OF BLAST- 
RESISTANT 
CARGO 
AND 
BAGGAGE 
CON-
TAINERS. 
ø(a) IN
GENERAL.—Beginning not later 
than 180 days after the date of enactment of 
this Act, the Assistant Secretary of Homeland 
Security (Transportation Security Adminis-
tration) shall carry out a pilot program to 
evaluate the use of blast-resistant containers 
for cargo and baggage on passenger aircraft 
to minimize the potential effects of detonation 
of an explosive device. 
ø(b) INCENTIVES
FOR
PARTICIPATION
IN 
PILOT PROGRAM.— 
ø(1) IN GENERAL.—As part of the pilot 
program, the Assistant Secretary shall 
provide incentives to air carriers to vol-
unteer to test the use of blast-resistant 
containers for cargo and baggage on pas-
senger aircraft. 
ø(2) APPLICATIONS.—To volunteer to 
participate in the incentive program, an 
air carrier shall submit to the Assistant 
Secretary an application that is in such 
form and contains such information as 
the Assistant Secretary requires.
2838 
ø(3) TYPES OF ASSISTANCE.—Assistance 
provided by the Assistant Secretary to air 
carriers that volunteer to participate in 
the pilot program shall include the use of 
blast-resistant containers and financial 
assistance to cover increased costs to the 
carriers associated with the use and 
maintenance of the containers, including 
increased fuel costs. 
ø(c) REPORT.—Not later than one year 
after the date of enactment of this Act, the As-
sistant Secretary shall submit to appropriate 
congressional committees a report on the re-
sults of the pilot program. 
ø(d) AUTHORIZATION OF APPROPRIATIONS.— 
There are authorized to be appropriated to 
carry out this section $2,000,000. Such sums 
shall remain available until expended. 
øSEC. 2176. AIR CARGO SCREENING TECHNOLOGY. 
øThe Transportation Security Administra-
tion shall develop technology to better iden-
tify, track, and screen air cargo.
2839 
øSEC. 2177. AIRPORT CHECKPOINT SCREENING EXPLOSIVE 
DETECTION. 
øSection 44940 of title 49, United States 
Code, is amended by adding at the end the fol-
lowing: 
ø‘‘(i) 
CHECKPOINT
SCREENING
SECURITY 
FUND.— 
ø‘‘(1) ESTABLISHMENT.—There is estab-
lished in the Department of Homeland 
Security a fund to be known as the 
‘Checkpoint Screening Security Fund’. 
ø‘‘(2) DEPOSITS.—In each of fiscal 
years 2005 and 2006, after amounts are 
made available under section 44923(h), 
the next $30,000,000 derived from fees re-
ceived under subsection (a)(1) shall be 
available to be deposited in the Fund. 
ø‘‘(3) FEES.—The Secretary of Home-
land Security shall impose the fee author-
ized by subsection (a)(1) so as to collect 
at least $30,000,000 in each of fiscal years 
2005 and 2006 for deposit into the Fund. 
ø‘‘(4) 
AVAILABILITY
OF
AMOUNTS.— 
Amounts in the Fund shall be available 
for the purchase, deployment, and instal-
lation of equipment to improve the abil-