IB 
VOLUME 1 OF 2 VOLUMES 
Union Calendar No. 453 
108TH CONGRESS 
2D SESSION 
H. R. 10 
[Report No. 108–724, Parts I, II, III, IV, and V] 
To provide for reform of the intelligence community, terrorism prevention 
and prosecution, border security, and international cooperation and co-
ordination, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 24, 2004 
Mr. HASTERT (for himself, Mr. DELAY, Mr. BLUNT, Ms. PRYCE of Ohio, Mr. 
HOEKSTRA, Mr. HUNTER, Mr. YOUNG of Florida, Mr. SENSENBRENNER, 
Mr. HYDE, Mr. TOM DAVIS of Virginia, Mr. OXLEY, Mr. DREIER, Mr. 
COX, Mr. THOMAS, Mr. NUSSLE, Mr. BOEHNER, and Mr. SMITH of New 
Jersey) introduced the following bill; which was referred to the Select 
Committee on Intelligence (Permanent Select), and in addition to the 
Committees on Armed Services, Education and the Workforce, Energy 
and Commerce, Financial Services, Government Reform, International 
Relations, the Judiciary, Rules, Science, Transportation and Infrastruc-
ture, Ways and Means, and Select Homeland Security, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
OCTOBER 4, 2004 
Reported from the Permanent Select Committee on Intelligence with an 
amendment 
[Strike out all after the enacting clause and insert the part printed in boldface roman] 
OCTOBER 4, 2004 
Reported from the Committee on Armed Services with amendments 
[Omit the part struck through in brackets and insert the part printed in italic] 
OCTOBER 4, 2004 
Reported from the Committee on Financial Services with an amendment
[Strike out all after the enacting clause and insert the part printed in boldface italic] 
OCTOBER 4, 2004 
Referral to the Committees on Education and the Workforce, Energy and 
Commerce, Government Reform, International Relations, the Judiciary, 
Rules, Science, Transportation and Infrastructure, Ways and Means, and 
the Select Committee on Homeland Security extended for a period ending 
not later than October 5, 2004 
OCTOBER 5, 2004 
Reported from the Committee on Government Reform with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic in bold parentheses] 
OCTOBER 5, 2004 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in boldface roman in bold 
brackets] 
OCTOBER 5, 2004 
Additional sponsors: Mr. BURR, Mr. GREEN of Wisconsin, Mr. MCINNIS, Mr. 
GOODLATTE, Mr. ISSA, Mr. PICKERING, Mr. SESSIONS, Mr. GINGREY, 
Mrs. MILLER of Michigan, and Mr. RAMSTAD 
OCTOBER 5, 2004 
Committees on Education and the Workforce, Energy and Commerce, Inter-
national Relations, Rules, Science, Transportation and Infrastructure, 
Ways and Means, and the Select Committee on Homeland Security dis-
charged; committed to the Committee of the Whole House on the State 
of the Union and ordered to be printed 
A BILL 
To provide for reform of the intelligence community, ter-
rorism prevention and prosecution, border security, and 
international cooperation and coordination, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
∆SECTION 1. SHORT TITLE. 
∆This Act may be cited as the ‘‘9/11 Recommendations 
Implementation Act’’. 
∆SEC. 2. TABLE OF CONTENTS. 
∆The table of contents for this Act is as follows: 
∆Sec. 1. Short title. 
∆Sec. 2. Table of contents. 
∆TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY 
∆Sec. 1001. Short title. 
∆Subtitle A—Establishment of National Intelligence Director 
∆Sec. 1011. Reorganization and improvement of management of intelligence com-
munity. 
∆Sec. 1012. Revised definition of national intelligence. 
∆Sec. 1013. Joint procedures for operational coordination between Department of 
Defense and Central Intelligence Agency. 
∆Sec. 1014. Role of National Intelligence Director in appointment of certain offi-
cials responsible for intelligence-related activities. 
∆Sec. 1015. Initial appointment of the National Intelligence Director. 
∆Sec. 1016. Executive schedule matters. 
∆Subtitle B—National counterterrorism Center and Civil Liberties Protections 
∆Sec. 1021. National counterterrorism Center. 
∆Sec. 1022. Civil Liberties Protection Officer. 
∆Subtitle C—Joint Intelligence Community Council 
∆Sec. 1031. Joint Intelligence Community Council. 
∆Subtitle D—Improvement of Human Intelligence (HUMINT) 
∆Sec. 1041. Human intelligence as an increasingly critical component of the in-
telligence community. 
∆Sec. 1042. Improvement of human intelligence capacity. 
∆Subtitle E—Improvement of Education for the Intelligence Community 
∆Sec. 1051. Modification of obligated service requirements under National Secu-
rity Education Program. 
∆Sec. 1052. Improvements to the National Flagship Language Initiative. 
∆Sec. 1053. Establishment of scholarship program for English language studies 
for heritage community citizens of the United States within the 
National Security Education Program. 
∆Sec. 1054. Sense of Congress with respect to language and education for the in-
telligence community; reports. 
∆Sec. 1055. Advancement of foreign languages critical to the intelligence commu-
nity. 
∆Sec. 1056. Pilot project for Civilian Linguist Reserve Corps.
∆Sec. 1057. Codification of establishment of the National Virtual Translation 
Center. 
∆Sec. 1058. Report on recruitment and retention of qualified instructors of the 
Defense Language Institute. 
∆Subtitle F—Additional Improvements of Intelligence Activities 
∆Sec. 1061. Permanent extension of Central Intelligence Agency Voluntary Sepa-
ration Incentive Program. 
∆Sec. 1062. National Security Agency Emerging Technologies Panel. 
∆Subtitle G—Conforming and Other Amendments 
∆Sec. 1071. Conforming amendments relating to roles of National Intelligence Di-
rector and Director of the Central Intelligence Agency. 
∆Sec. 1072. Other conforming amendments. 
∆Sec. 1073. Elements of intelligence community under National Security Act of 
1947. 
∆Sec. 1074. Redesignation of National Foreign Intelligence Program as National 
Intelligence Program.
∆Sec. 1075. Repeal of superseded authorities. 
∆Sec. 1076. Clerical amendments to National Security Act of 1947. 
∆Sec. 1077. Conforming amendments relating to prohibiting dual service of the 
Director of the Central Intelligence Agency. 
∆Sec. 1078. Access to Inspector General protections. 
∆Sec. 1079. General references. 
∆Sec. 1080. Application of other laws. 
∆Subtitle H—Transfer, Termination, Transition and Other Provisions 
∆Sec. 1091. Transfer of community management staff. 
∆Sec. 1092. Transfer of terrorist threat integration center. 
∆Sec. 1093. Termination of positions of Assistant Directors of Central Intel-
ligence. 
∆Sec. 1094. Implementation plan. 
∆Sec. 1095. Transitional authorities. 
∆Sec. 1096. Effective dates. 
∆TITLE II—TERRORISM PREVENTION AND PROSECUTION 
∆Subtitle A—Individual Terrorists as Agents of Foreign Powers 
∆Sec. 2001. Individual terrorists as agents of foreign powers. 
∆Subtitle B—Stop Terrorist and Military Hoaxes Act of 2004 
∆Sec. 2021. Short title. 
∆Sec. 2022. Hoaxes and recovery costs. 
∆Sec. 2023. Obstruction of justice and false statements in terrorism cases. 
∆Sec. 2024. Clarification of definition. 
∆Subtitle C—Material Support to Terrorism Prohibition Enhancement Act of 
2004 
∆Sec. 2041. Short title. 
∆Sec. 2042. Receiving military-type training from a foreign terrorist organiza-
tion. 
∆Sec. 2043. Providing material support to terrorism.
∆Sec. 2044. Financing of terrorism. 
∆Subtitle D—Weapons of Mass Destruction Prohibition Improvement Act of 
2004 
∆Sec. 2051. Short title. 
∆Sec. 2052. Weapons of mass destruction. 
∆Sec. 2053. Participation in nuclear and weapons of mass destruction threats to 
the United States. 
∆Subtitle E—Money Laundering and Terrorist Financing 
∆CHAPTER 1—FUNDING TO COMBAT FINANCIAL CRIMES INCLUDING TERRORIST 
FINANCING 
∆Sec. 2101. Additional authorization for FinCEN. 
∆Sec. 2102. Money laundering and financial crimes strategy reauthorization. 
∆CHAPTER 2—ENFORCEMENT TOOLS TO COMBAT FINANCIAL CRIMES 
INCLUDING TERRORIST FINANCING 
∆SUBCHAPTER A—MONEY LAUNDERING ABATEMENT AND FINANCIAL 
ANTITERRORISM TECHNICAL CORRECTIONS 
∆Sec. 2111. Short title. 
∆Sec. 2112. Technical corrections to Public Law 107–56. 
∆Sec. 2113. Technical corrections to other provisions of law. 
∆Sec. 2114. Repeal of review. 
∆Sec. 2115. Effective date. 
∆SUBCHAPTER B—ADDITIONAL ENFORCEMENT TOOLS 
∆Sec. 2121. Bureau of Engraving and Printing security printing. 
∆Sec. 2122. Conduct in aid of counterfeiting. 
∆Subtitle F—Criminal History Background Checks 
∆Sec. 2141. Short title. 
∆Sec. 2142. Criminal history information checks. 
∆Subtitle G—Protection of United States Aviation System from Terrorist 
Attacks 
∆Sec. 2171. Provision for the use of biometric or other technology. 
∆Sec. 2172. Transportation security strategic planning. 
∆Sec. 2173. Next generation airline passenger prescreening. 
∆Sec. 2174. Deployment and use of explosive detection equipment at airport 
screening checkpoints. 
∆Sec. 2175. Pilot program to evaluate use of blast-resistant cargo and baggage 
containers. 
∆Sec. 2176. Air cargo screening technology. 
∆Sec. 2177. Airport checkpoint screening explosive detection. 
∆Sec. 2178. Next generation security checkpoint. 
∆Sec. 2179. Penalty for failure to secure cockpit door. 
∆Sec. 2180. Federal air marshal anonymity. 
∆Sec. 2181. Federal law enforcement in-flight counterterrorism training. 
∆Sec. 2182. Federal flight deck officer weapon carriage pilot program. 
∆Sec. 2183. Registered traveler program. 
∆Sec. 2184. Wireless communication.
∆Sec. 2185. Secondary flight deck barriers. 
∆Sec. 2186. Extension. 
∆Sec. 2187. Perimeter Security. 
∆Sec. 2188. Definitions. 
∆Subtitle H—Other Matters 
∆Sec. 2191. Grand jury information sharing. 
∆Sec. 2192. Interoperable law enforcement and intelligence data system. 
∆Sec. 2193. Improvement of intelligence capabilities of the Federal Bureau of In-
vestigation. 
∆TITLE III—BORDER SECURITY AND TERRORIST TRAVEL 
∆Subtitle A—Immigration Reform in the National Interest 
∆CHAPTER 1—GENERAL PROVISIONS 
∆Sec. 3001. Eliminating the ‘‘Western Hemisphere’’ exception for citizens. 
∆Sec. 3002. Modification of waiver authority with respect to documentation re-
quirements for nationals of foreign contiguous territories and 
adjacent islands. 
∆Sec. 3003. Increase in full-time border patrol agents. 
∆Sec. 3004. Increase in full-time immigration and customs enforcement inves-
tigators. 
∆Sec. 3005. Alien identification standards. 
∆Sec. 3006. Expedited removal. 
∆Sec. 3007. Preventing terrorists from obtaining asylum. 
∆Sec. 3008. Revocation of visas and other travel documentation. 
∆Sec. 3009. Judicial review of orders of removal. 
∆CHAPTER 2—DEPORTATION OF TERRORISTS AND SUPPORTERS OF TERRORISM 
∆Sec. 3031. Expanded inapplicability of restriction on removal. 
∆Sec. 3032. Exception to restriction on removal for terrorists and criminals. 
∆Sec. 3033. Additional removal authorities. 
∆Subtitle B—Identity Management Security 
∆CHAPTER 1—IMPROVED SECURITY FOR DRIVERS’ LICENSES AND PERSONAL 
IDENTIFICATION CARDS 
∆Sec. 3051. Definitions. 
∆Sec. 3052. Minimum document requirements and issuance standards for Federal 
recognition. 
∆Sec. 3053. Linking of databases. 
∆Sec. 3054. Trafficking in authentication features for use in false identification 
documents. 
∆Sec. 3055. Grants to States. 
∆Sec. 3056. Authority. 
∆CHAPTER 2—IMPROVED SECURITY FOR BIRTH CERTIFICATES 
∆Sec. 3061. Definitions. 
∆Sec. 3062. Applicability of minimum standards to local governments. 
∆Sec. 3063. Minimum standards for Federal recognition. 
∆Sec. 3064. Establishment of electronic birth and death registration systems. 
∆Sec. 3065. Electronic verification of vital events.
∆Sec. 3066. Grants to States. 
∆Sec. 3067. Authority. 
∆CHAPTER 3—MEASURES TO ENHANCE PRIVACY AND INTEGRITY OF SOCIAL 
SECURITY ACCOUNT NUMBERS 
∆Sec. 3071. Prohibition of the display of social security account numbers on driv-
er’s licenses or motor vehicle registrations. 
∆Sec. 3072. Independent verification of birth records provided in support of ap-
plications for social security account numbers. 
∆Sec. 3073. Enumeration at birth. 
∆Sec. 3074. Study relating to use of photographic identification in connection 
with applications for benefits, social security account numbers, 
and social security cards. 
∆Sec. 3075. Restrictions on issuance of multiple replacement social security 
cards. 
∆Sec. 3076. Study relating to modification of the social security account num-
bering system to show work authorization status. 
∆Subtitle C—Targeting Terrorist Travel 
∆Sec. 3081. Studies on machine-readable passports and travel history database. 
∆Sec. 3082. Expanded preinspection at foreign airports. 
∆Sec. 3083. Immigration security initiative. 
∆Sec. 3084. Responsibilities and functions of consular officers. 
∆Sec. 3085. Increase in penalties for fraud and related activity. 
∆Sec. 3086. Criminal penalty for false claim to citizenship. 
∆Sec. 3087. Antiterrorism assistance training of the Department of State. 
∆Sec. 3088. International agreements to track and curtail terrorist travel through 
the use of fraudulently obtained documents. 
∆Sec. 3089. International standards for translation of names into the Roman al-
phabet for international travel documents and name-based 
watchlist systems. 
∆Sec. 3090. Biometric entry and exit data system. 
∆Sec. 3091. Enhanced responsibilities of the Coordinator for counterterrorism. 
∆Sec. 3092. Establishment of Office of Visa and Passport Security in the Depart-
ment of State. 
∆Subtitle D—Terrorist Travel 
∆Sec. 3101. Information sharing and coordination. 
∆Sec. 3102. Terrorist travel program. 
∆Sec. 3103. Training program. 
∆Sec. 3104. Technology acquisition and dissemination plan. 
∆Subtitle E—Maritime Security Requirements 
∆Sec. 3111. Deadlines for implementation of maritime security requirements. 
∆TITLE IV—INTERNATIONAL COOPERATION AND 
COORDINATION 
∆Subtitle A—Attack Terrorists and Their Organizations 
∆CHAPTER 1—PROVISIONS RELATING TO TERRORIST SANCTUARIES 
∆Sec. 4001. United States policy on terrorist sanctuaries. 
∆Sec. 4002. Reports on terrorist sanctuaries.
∆Sec. 4003. Amendments to existing law to include terrorist sanctuaries. 
∆CHAPTER 2—OTHER PROVISIONS 
∆Sec. 4011. Appointments to fill vacancies in Arms Control and Nonproliferation 
Advisory Board. 
∆Sec. 4012. Review of United States policy on proliferation of weapons of mass 
destruction and control of strategic weapons. 
∆Sec. 4013. International agreements to interdict acts of international terrorism. 
∆Sec. 4014. Effective Coalition approach toward detention and humane treat-
ment of captured terrorists. 
∆Sec. 4015. Sense of Congress and report regarding counter-drug efforts in Af-
ghanistan. 
∆Subtitle B—Prevent the Continued Growth of Terrorism 
∆CHAPTER 1—UNITED STATES PUBLIC DIPLOMACY 
∆Sec. 4021. Annual review and assessment of public diplomacy strategy. 
∆Sec. 4022. Public diplomacy training. 
∆Sec. 4023. Promoting direct exchanges with Muslim countries. 
∆Sec. 4024. Public diplomacy required for promotion in Foreign Service. 
∆CHAPTER 2—UNITED STATES MULTILATERAL DIPLOMACY 
∆Sec. 4031. Purpose. 
∆Sec. 4032. Support and expansion of democracy caucus. 
∆Sec. 4033. Leadership and membership of international organizations. 
∆Sec. 4034. Increased training in multilateral diplomacy. 
∆Sec. 4035. Implementation and establishment of Office on Multilateral Negotia-
tions. 
∆CHAPTER 3—OTHER PROVISIONS 
∆Sec. 4041. Pilot program to provide grants to American-sponsored schools in 
predominantly Muslim countries to provide scholarships. 
∆Sec. 4042. Enhancing free and independent media. 
∆Sec. 4043. Combating biased or false foreign media coverage of the United 
States. 
∆Sec. 4044. Report on broadcast outreach strategy. 
∆Sec. 4045. Office relocation. 
∆Sec. 4046. Strengthening the Community of Democracies for Muslim countries. 
∆Subtitle C—Reform of Designation of Foreign Terrorist Organizations 
∆Sec. 4051. Designation of foreign terrorist organizations. 
∆Sec. 4052. Inclusion in annual Department of State country reports on ter-
rorism of information on terrorist groups that seek weapons of 
mass destruction and groups that have been designated as for-
eign terrorist organizations. 
∆Subtitle D—Afghanistan Freedom Support Act Amendments of 2004 
∆Sec. 4061. Short title. 
∆Sec. 4062. Coordination of assistance for Afghanistan. 
∆Sec. 4063. General provisions relating to the Afghanistan Freedom Support Act 
of 2002. 
∆Sec. 4064. Rule of law and related issues.
∆Sec. 4065. Monitoring of assistance. 
∆Sec. 4066. United States policy to support disarmament of private militias and 
to support expansion of international peacekeeping and security 
operations in Afghanistan. 
∆Sec. 4067. Efforts to expand international peacekeeping and security operations 
in Afghanistan. 
∆Sec. 4068. Provisions relating to counternarcotics efforts in Afghanistan. 
∆Sec. 4069. Additional amendments to the Afghanistan Freedom Support Act of 
2002. 
∆Sec. 4070. Repeal. 
∆Subtitle E—Provisions Relating to Saudi Arabia and Pakistan 
∆Sec. 4081. New United States strategy for relationship with Saudi Arabia. 
∆Sec. 4082. United States commitment to the future of Pakistan. 
∆Sec. 4083. Extension of Pakistan waivers. 
∆Subtitle F—Oversight Provisions 
∆Sec. 4091. Case-Zablocki Act requirements. 
∆Subtitle G—Additional Protections of United States Aviation System from 
Terrorist Attacks 
∆Sec. 4101. International agreements to allow maximum deployment of Federal 
flight deck officers. 
∆Sec. 4102. Federal air marshal training. 
∆Sec. 4103. Man-portable air defense systems (MANPADS). 
∆Subtitle H—Improving International Standards and Cooperation to Fight 
Terrorist Financing 
∆Sec. 4111. Sense of the Congress regarding success in multilateral organizations. 
∆Sec. 4112. Expanded reporting requirement for the Secretary of the Treasury. 
∆Sec. 4113. International Terrorist Finance Coordinating Council. 
∆Sec. 4114. Definitions. 
∆TITLE V—GOVERNMENT RESTRUCTURING 
∆Subtitle A—Faster and Smarter Funding for First Responders 
∆Sec. 5001. Short title. 
∆Sec. 5002. Findings. 
∆Sec. 5003. Faster and smarter funding for first responders. 
∆Sec. 5004. Modification of homeland security advisory system. 
∆Sec. 5005. Coordination of industry efforts. 
∆Sec. 5006. Superseded provision. 
∆Sec. 5007. Sense of Congress regarding interoperable communications. 
∆Sec. 5008. Sense of Congress regarding citizen corps councils. 
∆Sec. 5009. Study regarding nationwide emergency notification system. 
∆Sec. 5010. Required coordination. 
∆Subtitle B—Government Reorganization Authority 
∆Sec. 5021. Authorization of intelligence community reorganization plans.
∆Subtitle C—Restructuring Relating to the Department of Homeland Security 
and Congressional Oversight 
∆Sec. 5025. Responsibilities of counternarcotics Office. 
∆Sec. 5026. Use of counternarcotics enforcement activities in certain employee 
performance appraisals. 
∆Sec. 5027. Sense of the House of Representatives on addressing homeland secu-
rity for the American people. 
∆Subtitle D—Improvements to Information Security 
∆Sec. 5031. Amendments to Clinger-Cohen provisions to enhance agency planning 
for information security needs. 
∆Subtitle E—Personnel Management Improvements 
∆CHAPTER 1—APPOINTMENTS PROCESS REFORM 
∆Sec. 5041. Appointments to national security positions. 
∆Sec. 5042. Presidential inaugural transitions. 
∆Sec. 5043. Public financial disclosure for the intelligence community. 
∆Sec. 5044. Reduction of positions requiring appointment with Senate confirma-
tion. 
∆Sec. 5045. Effective dates. 
∆CHAPTER 2—FEDERAL BUREAU OF INVESTIGATION REVITALIZATION 
∆Sec. 5051. Mandatory separation age. 
∆Sec. 5052. Retention and relocation bonuses. 
∆Sec. 5053. Federal Bureau of Investigation Reserve Service. 
∆Sec. 5054. Critical positions in the Federal Bureau of Investigation intelligence 
directorate. 
∆CHAPTER 3—REPORTING REQUIREMENT 
∆Sec. 5061. Reporting requirement. 
∆Subtitle F—Security Clearance Modernization 
∆Sec. 5071. Definitions. 
∆Sec. 5072. Security clearance and investigative programs oversight and admin-
istration. 
∆Sec. 5073. Reciprocity of security clearance and access determinations. 
∆Sec. 5074. Establishment of national database. 
∆Sec. 5075. Use of available technology in clearance investigations. 
∆Sec. 5076. Reduction in length of personnel security clearance process. 
∆Sec. 5077. Security clearances for presidential transition. 
∆Sec. 5078. Reports. 
∆Subtitle G—Emergency Financial Preparedness 
∆Sec. 5081. Delegation authority of the Secretary of the Treasury. 
∆Sec. 5082. Extension of emergency order authority of the securities and ex-
change commission. 
∆Sec. 5083. Parallel authority of the Secretary of the Treasury with respect to 
government securities.
∆Subtitle H—Other Matters 
∆CHAPTER 1—PRIVACY MATTERS 
∆Sec. 5091. Requirement that agency rulemaking take into consideration impacts 
on individual privacy. 
∆Sec. 5092. Chief privacy officers for agencies with law enforcement or anti-ter-
rorism functions. 
∆CHAPTER 2—MUTUAL AID AND LITIGATION MANAGEMENT 
∆Sec. 5101. Short title. 
∆Sec. 5102. Mutual aid authorized. 
∆Sec. 5103. Litigation management agreements. 
∆Sec. 5104. Additional provisions. 
∆Sec. 5105. Definitions. 
∆CHAPTER 3—MISCELLANEOUS MATTERS 
∆Sec. 5131. Enhancement of public safety communications interoperability. 
∆Sec. 5132. Sense of Congress regarding the incident command system. 
∆Sec. 5133. Sense of Congress regarding United States Northern Command plans 
and strategies. 
∆Sec. 5134. Information sharing. 
∆TITLE I—REFORM OF THE 
INTELLIGENCE COMMUNITY 
∆SEC. 1001. SHORT TITLE. 
∆This title may be cited as the ‘‘National Security In-
telligence Improvement Act of 2004’’. 
∆Subtitle A—Establishment of 
National Intelligence Director 
∆SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MAN-
AGEMENT OF INTELLIGENCE COMMUNITY. 
∆(a) IN GENERAL.—Title I of the National Security 
Act of 1947 (50 U.S.C. 402 et seq.) is amended by striking 
sections 102 through 104 and inserting the following new 
sections:
of the Central Intelligence Agency or as the head of any 
other element of the intelligence community. 
∆‘‘RESPONSIBILITIES AND AUTHORITIES OF THE NATIONAL 
INTELLIGENCE DIRECTOR 
∆‘‘SEC. 102A. (a) PROVISION OF INTELLIGENCE.—(1) 
Under the direction of the President, the National Intel-
ligence Director shall be responsible for ensuring that na-
tional intelligence is provided— 
∆‘‘(A) to the President; 
∆‘‘(B) to the heads of departments and agencies 
of the executive branch; 
∆‘‘(C) to the Chairman of the Joint Chiefs of 
Staff and senior military commanders; 
∆‘‘(D) where appropriate, to the Senate and 
House of Representatives and the committees thereof; 
and 
∆‘‘(E) to such other persons as the National In-
telligence Director determines to be appropriate. 
∆‘‘(2) Such national intelligence should be timely, ob-
jective, independent of political considerations, and based 
upon all sources available to the intelligence community 
and other appropriate entities. 
∆‘‘(b) ACCESS TO INTELLIGENCE.—To the extent ap-
proved by the President, the National Intelligence Director 
shall have access to all national intelligence and intelligence 
related to the national security which is collected by any
Federal department, agency, or other entity, except as other-
wise provided by law or, as appropriate, under guidelines 
agreed upon by the Attorney General and the National In-
telligence Director. 
∆‘‘(c) BUDGET AUTHORITIES.—(1)(A) The National 
Intelligence Director shall develop and present to the Presi-
dent on an annual basis a budget for intelligence and intel-
ligence-related activities of the United States. 
∆‘‘(B) In carrying out subparagraph (A) for any fiscal 
year for the components of the budget that comprise the Na-
tional Intelligence Program, the National Intelligence Di-
rector shall provide guidance to the heads of departments 
containing elements of the intelligence community, and to 
the heads of the elements of the intelligence community, for 
development of budget inputs to the National Intelligence 
Director. 
∆‘‘(2)(A) The National Intelligence Director shall par-
ticipate in the development by the Secretary of Defense of 
the annual budgets for the Joint Military Intelligence Pro-
gram and for Tactical Intelligence and Related Activities. 
∆‘‘(B) The National Intelligence Director shall provide 
guidance for the development of the annual budget for each 
element of the intelligence community that is not within 
the National Intelligence Program.
∆‘‘(3) In carrying out paragraphs (1) and (2), the Na-
tional Intelligence Director may, as appropriate, obtain the 
advice of the Joint Intelligence Community Council. 
∆‘‘(4) The National Intelligence Director shall ensure 
the effective execution of the annual budget for intelligence 
and intelligence-related activities. 
∆‘‘(5)(A) The National Intelligence Director shall fa-
cilitate the management and execution of funds appro-
priated for the National Intelligence Program. 
∆‘‘(B) Notwithstanding any other provision of law, in 
receiving funds pursuant to relevant appropriations Acts 
for the National Intelligence Program, the Office of Manage-
ment and Budget shall apportion funds appropriated for 
the National Intelligence Program to the National Intel-
ligence Director for allocation to the elements of the intel-
ligence community through the host executive departments 
that manage programs and activities that are part of the 
National Intelligence Program. 
∆‘‘(C) The National Intelligence Director shall mon-
itor the implementation and execution of the National Intel-
ligence Program by the heads of the elements of the intel-
ligence community that manage programs and activities 
that are part of the National Intelligence Program, which 
may include audits and evaluations, as necessary and fea-
sible.
∆‘‘(6) Apportionment and allotment of funds under 
this subsection shall be subject to chapter 13 and section 
1517 of title 31, United States Code, and the Congressional 
Budget and Impoundment Control Act of 1974 (2 U.S.C. 
621 et seq.). 
∆‘‘(7)(A) The National Intelligence Director shall pro-
vide a quarterly report, beginning April 1, 2005, and end-
ing April 1, 2007, to the President and the Congress regard-
ing implementation of this section. 
∆‘‘(B) The National Intelligence Director shall report 
to the President and the Congress not later than 5 days 
after learning of any instance in which a departmental 
comptroller acts in a manner inconsistent with the law (in-
cluding permanent statutes, authorization Acts, and appro-
priations Acts), or the direction of the National Intelligence 
Director, in carrying out the National Intelligence Pro-
gram. 
∆‘‘(d) ROLE OF NATIONAL INTELLIGENCE DIRECTOR 
IN REPROGRAMMING.—(1) No funds made available under 
the National Intelligence Program may be transferred or 
reprogrammed without the prior approval of the National 
Intelligence Director, except in accordance with procedures 
prescribed by the National Intelligence Director. 
∆‘‘(2) The Secretary of Defense shall consult with the 
National Intelligence Director before transferring or re-
programming funds made available under the Joint Mili-
tary Intelligence Program. 
∆‘‘(e) TRANSFER OF FUNDS OR PERSONNEL WITHIN 
NATIONAL INTELLIGENCE PROGRAM.—(1) In addition to 
any other authorities available under law for such purposes, 
the National Intelligence Director, with the approval of the 
Director of the Office of Management and Budget— 
∆‘‘(A) may transfer funds appropriated for a 
program within the National Intelligence Program to 
another such program; and 
∆‘‘(B) in accordance with procedures to be devel-
oped by the National Intelligence Director and the 
heads of the departments and agencies concerned, may 
transfer personnel authorized for an element of the in-
telligence community to another such element for pe-
riods up to one year. 
∆‘‘(2) The amounts available for transfer in the Na-
tional Intelligence Program in any given fiscal year, and 
the terms and conditions governing such transfers, are sub-
ject to the provisions of annual appropriations Acts and 
this subsection. 
∆‘‘(3)(A) A transfer of funds or personnel may be 
made under this subsection only if—
∆‘‘(i) the funds or personnel are being trans-
ferred to an activity that is a higher priority intel-
ligence activity; 
∆‘‘(ii) the need for funds or personnel for such 
activity is based on unforeseen requirements; 
∆‘‘(iii) the transfer does not involve a transfer of 
funds to the Reserve for Contingencies of the Central 
Intelligence Agency; 
∆‘‘(iv) in the case of a transfer of funds, the 
transfer results in a cumulative transfer of funds out 
of any department or agency, as appropriate, funded 
in the National Intelligence Program in a single fis-
cal year— 
∆‘‘(I) that is less than $100,000,000, and 
∆‘‘(II) that is less than 5 percent of 
amounts available to a department or agency 
under the National Intelligence Program; and 
∆‘‘(v) the transfer does not terminate a program. 
∆‘‘(B) A transfer may be made without regard to a 
limitation set forth in clause (iv) or (v) of subparagraph 
(A) if the transfer has the concurrence of the head of the 
department or agency involved. The authority to provide 
such concurrence may only be delegated by the head of the 
department or agency involved to the deputy of such officer.
∆‘‘(4) Funds transferred under this subsection shall re-
main available for the same period as the appropriations 
account to which transferred. 
∆‘‘(5) Any transfer of funds under this subsection shall 
be carried out in accordance with existing procedures appli-
cable to reprogramming notifications for the appropriate 
congressional committees. Any proposed 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 subsection 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. 
∆‘‘(6)(A) The National Intelligence Director shall 
promptly submit to— 
∆‘‘(i) the congressional intelligence committees, 
∆‘‘(ii) in the case of the transfer of personnel to 
or from the Department of Defense, the Committee on 
Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives, and 
∆‘‘(iii) in the case of the transfer of personnel to 
or from the Department of Justice, to the Committees
on the Judiciary of the Senate and the House of Rep-
resentatives, 
∆a report on any transfer of personnel made pursuant 
to this subsection. 
∆‘‘(B) The Director shall include in any such report 
an explanation of the nature of the transfer and how it sat-
isfies the requirements of this subsection. 
∆‘‘(f) TASKING
AND OTHER AUTHORITIES.—(1)(A) 
The National Intelligence Director shall— 
∆‘‘(i) develop collection objectives, priorities, and 
guidance for the intelligence community to ensure 
timely and effective collection, processing, analysis, 
and dissemination (including access by users to col-
lected data consistent with applicable law and, as ap-
propriate, the guidelines referred to in subsection (b) 
and analytic products generated by or within the in-
telligence community) of national intelligence; 
∆‘‘(ii) determine and establish requirements and 
priorities for, and manage and direct the tasking of, 
collection, analysis, production, and dissemination of 
national intelligence by elements of the intelligence 
community, including— 
∆‘‘(I) approving requirements for collection 
and analysis, and
∆‘‘(II) resolving conflicts in collection re-
quirements and in the tasking of national collec-
tion assets of the elements of the intelligence com-
munity; and 
∆‘‘(iii) provide advisory tasking to intelligence 
elements of those agencies and departments not within 
the National Intelligence Program. 
∆‘‘(B) The authority of the National Intelligence Di-
rector under subparagraph (A) shall not apply— 
∆‘‘(i) insofar as the President so directs; 
∆‘‘(ii) with respect to clause (ii) of subparagraph 
(A), insofar as the Secretary of Defense exercises 
tasking authority under plans or arrangements 
agreed upon by the Secretary of Defense and the Na-
tional Intelligence Director; or 
∆‘‘(iii) to the direct dissemination of informa-
tion to State government and local government offi-
cials and private sector entities pursuant to sections 
201 and 892 of the Homeland Security Act of 2002 
(6 U.S.C. 121, 482). 
∆‘‘(2) The National Intelligence Director shall oversee 
the National counterterrorism Center and may establish 
such other national intelligence centers as the Director de-
termines necessary.
∆‘‘(3)(A) The National Intelligence Director shall pre-
scribe community-wide personnel policies that— 
∆‘‘(i) facilitate assignments across community 
elements and to the intelligence centers; 
∆‘‘(ii) establish overarching standards for intel-
ligence education and training; and 
∆‘‘(iii) promote the most effective analysis and 
collection of intelligence by ensuring a diverse work-
force, including the recruitment and training of 
women, minorities, and individuals with diverse, eth-
nic, and linguistic backgrounds. 
∆‘‘(B) In developing the policies prescribed under sub-
paragraph (A), the National Intelligence Director shall con-
sult with the heads of the departments containing the ele-
ments of the intelligence community. 
∆‘‘(C) Policies prescribed under subparagraph (A) 
shall not be inconsistent with the personnel policies other-
wise applicable to members of the uniformed services. 
∆‘‘(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 intelligence com-
munity through the host executive departments that manage 
the programs and activities that are part of the National 
Intelligence Program.
∆‘‘(5) The National Intelligence Director shall ensure 
the elimination of waste and unnecessary duplication with-
in the intelligence community. 
∆‘‘(6) The National Intelligence Director shall perform 
such other functions as the President may direct. 
∆Nothing in this Act shall be construed as affecting 
the role of the Department of Justice or the Attorney Gen-
eral with respect to applications under the Foreign Intel-
ligence Surveillance Act of 1978. 
∆‘‘(g) INTELLIGENCE INFORMATION SHARING.—(1) 
The National Intelligence Director shall have principal au-
thority to ensure maximum availability of and access to 
intelligence information within the intelligence community 
consistent with national security requirements. The Na-
tional Intelligence Director shall— 
∆‘‘(A) establish uniform security standards and 
procedures; 
∆‘‘(B) establish common information technology 
standards, protocols, and interfaces; 
∆‘‘(C) ensure development of information tech-
nology systems that include multi-level security and 
intelligence integration capabilities; and 
∆‘‘(D) establish policies and procedures to resolve 
conflicts between the need to share intelligence infor-
mation and the need to protect intelligence sources 
and methods. 
∆‘‘(2) The President shall ensure that the National In-
telligence Director has all necessary support and authorities 
to fully and effectively implement paragraph (1). 
∆‘‘(3) Except as otherwise directed by the President 
or with the specific written agreement of the head of the 
department or agency in question, a Federal agency or offi-
cial shall not be considered to have met any obligation to 
provide any information, report, assessment, or other mate-
rial (including unevaluated intelligence information) to 
that department or agency solely by virtue of having pro-
vided that information, report, assessment, or other mate-
rial to the National Intelligence Director or the National 
counterterrorism Center. 
∆‘‘(4) Not later than February 1 of each year, the Na-
tional Intelligence Director shall submit to the President 
and to the Congress an annual report that identifies any 
statute, regulation, policy, or practice that the Director be-
lieves impedes the ability of the Director to fully and effec-
tively implement paragraph (1). 
∆‘‘(h) ANALYSIS.—(1) The National Intelligence Di-
rector shall ensure that all elements of the intelligence com-
munity strive for the most accurate analysis of intelligence 
derived from all sources to support national security needs.
∆‘‘(2) The National Intelligence Director shall ensure 
that intelligence analysis generally receives the highest pri-
ority when distributing resources within the intelligence 
community and shall carry out duties under this subsection 
in a manner that— 
∆‘‘(A) develops all-source analysis techniques; 
∆‘‘(B) ensures competitive analysis; 
∆‘‘(C) ensures that differences in judgment are 
fully considered and brought to the attention of pol-
icymakers; and 
∆‘‘(D) builds relationships between intelligence 
collectors and analysts to facilitate greater under-
standing of the needs of analysts. 
∆‘‘(i) PROTECTION OF INTELLIGENCE SOURCES AND 
METHODS.—(1) In order to protect intelligence sources and 
methods from unauthorized disclosure and, consistent with 
that protection, to maximize the dissemination of intel-
ligence, the National Intelligence Director shall establish 
and implement guidelines for the intelligence community 
for the following purposes: 
∆‘‘(A) Classification of information. 
∆‘‘(B) Access to and dissemination of intel-
ligence, both in final form and in the form when ini-
tially gathered.
∆‘‘(C) Preparation of intelligence products in 
such a way that source information is removed to 
allow for dissemination at the lowest level of classi-
fication possible or in unclassified form to the extent 
practicable. 
∆‘‘(2) The Director may only delegate a duty or au-
thority given the Director under this subsection to the Dep-
uty National Intelligence Director. 
∆‘‘(j) UNIFORM PROCEDURES FOR SENSITIVE COM-
PARTMENTED
INFORMATION.—The 
President, 
acting 
through the National Intelligence Director, shall— 
∆‘‘(1) establish uniform standards and proce-
dures for the grant of access to sensitive compart-
mented information to any officer or employee of any 
agency or department of the United States and to em-
ployees of contractors of those agencies or depart-
ments; 
∆‘‘(2) ensure the consistent implementation of 
those standards and procedures throughout such agen-
cies and departments; 
∆‘‘(3) ensure that security clearances granted by 
individual elements of the intelligence community are 
recognized by all elements of the intelligence commu-
nity, and under contracts entered into by those agen-
cies; and
∆‘‘(4) ensure that the process for investigation 
and adjudication of an application for access to sen-
sitive compartmented information is performed in the 
most expeditious manner possible consistent with ap-
plicable standards for national security. 
∆‘‘(k) 
COORDINATION
WITH
FOREIGN
GOVERN-
MENTS.—Under the direction of the President and in a 
manner consistent with section 207 of the Foreign Service 
Act of 1980 (22 U.S.C. 3927), the National Intelligence Di-
rector shall oversee the coordination of the relationships be-
tween elements of the intelligence community and the intel-
ligence or security services of foreign governments on all 
matters involving intelligence related to the national secu-
rity or involving intelligence acquired through clandestine 
means. 
∆‘‘(l) ENHANCED PERSONNEL MANAGEMENT.—(1)(A) 
The National Intelligence Director shall, under regulations 
prescribed by the Director, provide incentives for personnel 
of elements of the intelligence community to serve— 
∆‘‘(i) on the staff of the National Intelligence Di-
rector; 
∆‘‘(ii) on the staff of the national intelligence 
centers; 
∆‘‘(iii) on the staff of the National counter-
terrorism Center; and
∆‘‘(iv) in other positions in support of the intel-
ligence community management functions of the Di-
rector. 
∆‘‘(B) Incentives under subparagraph (A) may in-
clude financial incentives, bonuses, and such other awards 
and incentives as the Director considers appropriate. 
∆‘‘(2)(A) Notwithstanding any other provision of law, 
the personnel of an element of the intelligence community 
who are assigned or detailed under paragraph (1)(A) to 
service under the National Intelligence Director shall be 
promoted at rates equivalent to or better than personnel of 
such element who are not so assigned or detailed. 
∆‘‘(B) The Director may prescribe regulations to carry 
out this section. 
∆‘‘(3)(A) The National Intelligence Director shall pre-
scribe mechanisms to facilitate the rotation of personnel of 
the intelligence community through various elements of the 
intelligence community in the course of their careers in 
order to facilitate the widest possible understanding by such 
personnel of the variety of intelligence requirements, meth-
ods, users, and capabilities. 
∆‘‘(B) The mechanisms prescribed under subpara-
graph (A) may include the following: 
∆‘‘(i) The establishment of special occupational 
categories involving service, over the course of a ca-
reer, in more than one element of the intelligence com-
munity. 
∆‘‘(ii) The provision of rewards for service in 
positions undertaking analysis and planning of oper-
ations involving two or more elements of the intel-
ligence community. 
∆‘‘(iii) The establishment of requirements for 
education, training, service, and evaluation that in-
volve service in more than one element of the intel-
ligence community. 
∆‘‘(C) It is the sense of Congress that the mechanisms 
prescribed under this subsection should, to the extent prac-
tical, seek to duplicate for civilian personnel within the in-
telligence community the joint officer management policies 
established by chapter 38 of title 10, United States Code, 
and the other amendments made by title IV of the Gold-
water-Nichols Department of Defense Reorganization Act of 
1986 (Public Law 99–433). 
∆‘‘(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 enforce-
ment officers (as that term is defined in section 5541(3) 
of title 5, United States Code). 
∆‘‘(B) Assignment to the Office of the National Intel-
ligence Director of commissioned officers of the Armed
Forces shall be considered a joint-duty assignment for pur-
poses of the joint officer management policies prescribed by 
chapter 38 of title 10, United States Code, and other provi-
sions of that title. 
∆‘‘(m) ADDITIONAL AUTHORITY WITH RESPECT TO 
PERSONNEL.—(1) In addition to the authorities under sub-
section (f)(3), the National Intelligence Director may exer-
cise with respect to the personnel of the Office of the Na-
tional Intelligence Director any authority of the Director 
of the Central Intelligence Agency with respect to the per-
sonnel of the Central Intelligence Agency under the Central 
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 sub-
ject to the same conditions and limitations, that the Direc-
tor of the Central Intelligence Agency may exercise such au-
thority with respect to personnel of the Central Intelligence 
Agency. 
∆‘‘(2) Employees and applicants for employment of 
the Office of the National Intelligence Director shall have 
the same rights and protections under the Office of the Na-
tional Intelligence Director as employees of the Central In-
telligence Agency have under the Central Intelligence Agen-
cy Act of 1949, and other applicable provisions of law, as 
of the date of the enactment of this subsection.
∆‘‘(n) ACQUISITION AUTHORITIES.—(1) In carrying 
out the responsibilities and authorities under this section, 
the National Intelligence Director may exercise the acquisi-
tion authorities referred to in the Central Intelligence Agen-
cy Act of 1949 (50 U.S.C. 403a et seq.). 
∆‘‘(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 
Intelligence Director or the Deputy National Intelligence 
Director. 
∆‘‘(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 pur-
chases and contracts or with respect to classes of purchases 
or contracts, and shall be final. 
∆‘‘(B) Except as provided in subparagraph (C), the 
National Intelligence Director or the Deputy National In-
telligence Director may, in such official’s discretion, dele-
gate to any officer or other official of the Office of the Na-
tional Intelligence Director any authority to make a deter-
mination or decision as the head of the agency under an 
authority referred to in paragraph (1). 
∆‘‘(C) The limitations and conditions set forth in sec-
tion 3(d) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403c(d)) shall apply to the exercise by the National
Intelligence Director of an authority referred to in para-
graph (1). 
∆‘‘(D) Each determination or decision required by an 
authority referred to in the second sentence of section 3(d) 
of the Central Intelligence Agency Act of 1949 shall be based 
upon written findings made by the official making such de-
termination or decision, which findings shall be final and 
shall be available within the Office of the National Intel-
ligence Director for a period of at least six years following 
the date of such determination or decision. 
∆‘‘(o) CONSIDERATION OF VIEWS OF ELEMENTS OF 
THE INTELLIGENCE COMMUNITY.—In carrying out the du-
ties and responsibilities under this section, the National In-
telligence Director shall take into account the views of a 
head of a department containing an element of the intel-
ligence community and of the Director of the Central Intel-
ligence Agency. 
∆‘‘OFFICE OF THE NATIONAL INTELLIGENCE DIRECTOR 
∆‘‘SEC. 103. (a) ESTABLISHMENT OF OFFICE; FUNC-
TION.—(1) There is an Office of the National Intelligence 
Director. The Office of the National Intelligence Director 
shall not be located within the Executive Office of the Presi-
dent. 
∆‘‘(2) The function of the Office is to assist the Na-
tional Intelligence Director in carrying out the duties and 
responsibilities of the Director under this Act and to carry
out such other duties as may be prescribed by the President 
or by law. 
∆‘‘(3) Any authority, power, or function vested by law 
in any officer, employee, or part of the Office of the Na-
tional Intelligence Director is vested in, or may be exercised 
by, the National Intelligence Director. 
∆‘‘(4) Exemptions, exceptions, and exclusions 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 Director and the personnel, resources, or activi-
ties of such Office. 
∆‘‘(b) OFFICE OF NATIONAL INTELLIGENCE DIREC-
TOR.—(1) The Office of the National Intelligence Director 
is composed of the following: 
∆‘‘(A) The National Intelligence Director. 
∆‘‘(B) The Deputy National Intelligence Direc-
tor. 
∆‘‘(C) The Deputy National Intelligence Director 
for Operations. 
∆‘‘(D) The Deputy National Intelligence Direc-
tor for Community Management and Resources. 
∆‘‘(E) The Associate National Intelligence Direc-
tor for Military Support.
∆‘‘(F) The Associate National Intelligence Direc-
tor for Domestic Security. 
∆‘‘(G) The Associate National Intelligence Direc-
tor for Diplomatic Affairs. 
∆‘‘(H) The National Intelligence Council. 
∆‘‘(I) The General Counsel to the National Intel-
ligence Director. 
∆‘‘(J) Such other offices and officials as may be 
established by law or the National Intelligence Direc-
tor may establish or designate in the Office. 
∆‘‘(2) To assist the National Intelligence Director in 
fulfilling the duties and responsibilities of the Director, the 
Director shall employ and utilize in the Office of the Na-
tional Intelligence Director a staff having expertise in mat-
ters relating to such duties and responsibilities and may 
establish permanent positions and appropriate rates of pay 
with respect to such staff. 
∆‘‘(c) DEPUTY NATIONAL INTELLIGENCE DIRECTOR.— 
(1) There is a Deputy National Intelligence Director who 
shall be appointed by the President, by and with the advice 
and consent of the Senate. 
∆‘‘(2) The Deputy National Intelligence Director shall 
assist the National Intelligence Director in carrying out the 
responsibilities of the National Intelligence Director under 
this Act.
∆‘‘(3) The Deputy National Intelligence Director shall 
act for, and exercise the powers of, the National Intelligence 
Director during the absence or disability of the National 
Intelligence Director or during a vacancy in the position 
of the National Intelligence Director. 
∆‘‘(4) The Deputy National Intelligence Director takes 
precedence in the Office of the National Intelligence Direc-
tor immediately after the National Intelligence Director. 
∆‘‘(d) DEPUTY NATIONAL INTELLIGENCE DIRECTOR 
FOR OPERATIONS.—(1) There is a Deputy National Intel-
ligence Director for Operations. 
∆‘‘(2) The Deputy National Intelligence Director for 
Operations shall— 
∆‘‘(A) assist the National Intelligence Director 
in all aspects of intelligence operations, including in-
telligence tasking, requirements, collection, and anal-
ysis; 
∆‘‘(B) assist the National Intelligence Director 
in overseeing the national intelligence centers; and 
∆‘‘(C) perform such other duties and exercise 
such powers as National Intelligence Director may 
prescribe. 
∆‘‘(e) DEPUTY NATIONAL INTELLIGENCE DIRECTOR 
FOR COMMUNITY MANAGEMENT
AND RESOURCES.—(1)
There is a Deputy National Intelligence Director for Com-
munity Management and Resources. 
∆‘‘(2) The Deputy National Intelligence Director for 
Community Management and Resources shall— 
∆‘‘(A) assist the National Intelligence Director 
in all aspects of management and resources, including 
administration, budgeting, information security, per-
sonnel, training, and programmatic functions; and 
∆‘‘(B) perform such other duties and exercise 
such powers as the National Intelligence Director may 
prescribe. 
∆‘‘(f) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR 
FOR MILITARY SUPPORT.—(1) There is an Associate Na-
tional Intelligence Director for Military Support who shall 
be appointed by the National Intelligence Director, in con-
sultation with the Secretary of Defense. 
∆‘‘(2) The Associate National Intelligence Director for 
Military Support shall— 
∆‘‘(A) ensure that the intelligence needs of the 
Department of Defense are met; and 
∆‘‘(B) perform such other duties and exercise 
such powers as the National Intelligence Director may 
prescribe. 
∆‘‘(g) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR 
FOR DOMESTIC SECURITY.—(1) There is an Associate Na-
tional 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. 
∆‘‘(2) The Associate National Intelligence Director for 
Domestic Security shall— 
∆‘‘(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 
∆‘‘(B) perform such other duties and exercise 
such powers as the National Intelligence Director may 
prescribe, except that the National Intelligence Direc-
tor may not make such officer responsible for dissemi-
nating any domestic or homeland security informa-
tion to State government or local government officials 
or any private sector entity. 
∆‘‘(h) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR 
FOR DIPLOMATIC AFFAIRS.—(1) There is an Associate Na-
tional Intelligence Director for Diplomatic Affairs who 
shall be appointed by the National Intelligence Director in 
consultation with the Secretary of State. 
∆‘‘(2) The Associate National Intelligence Director for 
Diplomatic Affairs shall—
∆‘‘(A) ensure that the intelligence needs of the 
Department of State are met; and 
∆‘‘(B) perform such other duties and exercise 
such powers as the National Intelligence Director may 
prescribe. 
∆‘‘(i) MILITARY STATUS OF DIRECTOR AND DEPUTY 
DIRECTORS.—(1) Not more than one of the individuals 
serving in the positions specified in paragraph (2) may be 
a commissioned officer of the Armed Forces in active status. 
∆‘‘(2) The positions referred to in this paragraph are 
the following: 
∆‘‘(A) The National Intelligence Director. 
∆‘‘(B) The Deputy National Intelligence Direc-
tor. 
∆‘‘(3) It is the sense of Congress that, under ordinary 
circumstances, it is desirable that one of the individuals 
serving in the positions specified in paragraph (2)— 
∆‘‘(A) be a commissioned officer of the Armed 
Forces, in active status; or 
∆‘‘(B) have, by training or experience, an appre-
ciation of military intelligence activities and require-
ments. 
∆‘‘(4) A commissioned officer of the Armed Forces, 
while serving in a position specified in paragraph (2)—
∆‘‘(A) shall not be subject to supervision or con-
trol by the Secretary of Defense or by any officer or 
employee of the Department of Defense; 
∆‘‘(B) shall not exercise, by reason of the officer’s 
status as a commissioned officer, any supervision or 
control with respect to any of the military or civilian 
personnel of the Department of Defense except as oth-
erwise authorized by law; and 
∆‘‘(C) shall not be counted against the numbers 
and percentages of commissioned officers of the rank 
and grade of such officer authorized for the military 
department of that officer. 
∆‘‘(5) Except as provided in subparagraph (A) or (B) 
of paragraph (4), the appointment of an officer of the 
Armed Forces to a position specified in paragraph (2) shall 
not affect the status, position, rank, or grade of such officer 
in the Armed Forces, or any emolument, perquisite, right, 
privilege, or benefit incident to or arising out of such status, 
position, rank, or grade. 
∆‘‘(6) A commissioned officer of the Armed Forces on 
active duty who is appointed to a position specified in 
paragraph (2), while serving in such position and while 
remaining on active duty, shall continue to receive military 
pay and allowances and shall not receive the pay prescribed 
for such position. Funds from which such pay and allow-
ances are paid shall be reimbursed from funds available to 
the National Intelligence Director. 
∆‘‘(j) NATIONAL INTELLIGENCE COUNCIL.—(1) Within 
the Office of the Deputy National Intelligence Director for 
Operations, there is a National Intelligence Council. 
∆‘‘(2)(A) The National Intelligence Council shall be 
composed of senior analysts within the intelligence commu-
nity and substantive experts from the public and private 
sector, who shall be appointed by and report to the Deputy 
National Intelligence Director for Operations. 
∆‘‘(B) The Director shall prescribe appropriate secu-
rity requirements for personnel appointed from the private 
sector as a condition of service on the Council, or as con-
tractors of the Council or employees of such contractors, to 
ensure the protection of intelligence sources and methods 
while avoiding, wherever possible, unduly intrusive require-
ments which the Director considers to be unnecessary for 
this purpose. 
∆‘‘(3) The National Intelligence Council shall— 
∆‘‘(A) produce national intelligence estimates for 
the United States Government, which shall include as 
a part of such estimates in their entirety, alternative 
views, if any, held by elements of the intelligence com-
munity;
∆‘‘(B) evaluate community-wide collection and 
production of intelligence by the intelligence commu-
nity and the requirements and resources of such col-
lection and production; and 
∆‘‘(C) otherwise assist the National Intelligence 
Director in carrying out the responsibility of the Na-
tional Intelligence Director to provide national intel-
ligence. 
∆‘‘(4) Within their respective areas of expertise and 
under the direction of the Deputy National Intelligence Di-
rector for Operations, the members of the National Intel-
ligence Council shall constitute the senior intelligence advis-
ers of the intelligence community for purposes of rep-
resenting the views of the intelligence community within the 
United States Government. 
∆‘‘(5) Subject to the direction and control of the Dep-
uty National Intelligence Director for Operations, the Na-
tional Intelligence Council may carry out its responsibil-
ities under this section by contract, including contracts for 
substantive experts necessary to assist the Council with par-
ticular assessments under this subsection. 
∆‘‘(6) The Deputy National Intelligence Director for 
Operations shall make available to the National Intelligence 
Council such personnel as may be necessary to permit the 
Council to carry out its responsibilities under this section.
∆‘‘(7) The heads of the elements of the intelligence com-
munity shall, as appropriate, furnish such support to the 
National Intelligence Council, including the preparation of 
intelligence analyses, as may be required by the National 
Intelligence Director. 
∆‘‘(k) GENERAL COUNSEL TO THE NATIONAL INTEL-
LIGENCE DIRECTOR.—(1) There is a General Counsel to the 
National Intelligence Director. 
∆‘‘(2) The individual serving in the position of Gen-
eral Counsel to the National Intelligence Director may not, 
while so serving, also serve as the General Counsel of any 
other agency or department of the United States. 
∆‘‘(3) The General Counsel to the National Intelligence 
Director is the chief legal officer for the National Intel-
ligence Director. 
∆‘‘(4) The General Counsel to the National Intelligence 
Director shall perform such functions as the National Intel-
ligence Director may prescribe. 
∆‘‘(l) 
INTELLIGENCE
COMMUNITY
INFORMATION 
TECHNOLOGY OFFICER.—(1) There is an Intelligence Com-
munity Information Technology Officer who shall be ap-
pointed by the National Intelligence Director. 
∆‘‘(2) The mission of the Intelligence Community In-
formation Technology Officer is to assist the National Intel-
ligence Director in ensuring the sharing of information in
the fullest and most prompt manner between and among 
elements of the intelligence community consistent with sec-
tion 102A(g). 
∆‘‘(3) The Intelligence Community Information Tech-
nology Officer shall— 
∆‘‘(A) assist the Deputy National Intelligence 
Director for Community Management and Resources 
in developing and implementing an integrated infor-
mation technology network; 
∆‘‘(B) develop an enterprise architecture for the 
intelligence community and assist the Deputy Na-
tional Intelligence Director for Community Manage-
ment and Resources in ensuring that elements of the 
intelligence community comply with such architec-
ture; 
∆‘‘(C) have procurement approval authority over 
all enterprise architecture-related information tech-
nology items funded in the National Intelligence Pro-
gram; 
∆‘‘(D) ensure that all such elements have the 
most direct and continuous electronic access to all in-
formation (including unevaluated intelligence con-
sistent with existing laws and the guidelines referred 
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— 
∆‘‘(i) directly, in the case of the elements of 
the intelligence community within the National 
Intelligence Program, and 
∆‘‘(ii) in conjunction with the Secretary of 
Defense and other applicable heads of depart-
ments with intelligence elements outside the Na-
tional Intelligence Program; 
∆‘‘(E) review and provide recommendations to 
the Deputy National Intelligence Director for Com-
munity Management and Resources on National In-
telligence Program budget requests for information 
technology and national security systems; 
∆‘‘(F) assist the Deputy National Intelligence 
Director for Community Management and Resources 
in promulgating and enforcing standards on informa-
tion technology and national security systems that 
apply throughout the elements of the intelligence com-
munity; 
∆‘‘(G) ensure that within and between the ele-
ments of the National Intelligence Program, duplica-
tive and unnecessary information technology and na-
tional security systems are eliminated;
∆‘‘(H) pursuant to the direction of the National 
Intelligence Director, consult with the Director of the 
Office of Management and Budget to ensure that the 
Office of the National Intelligence Director coordi-
nates and complies with national security require-
ments consistent with applicable law, Executive or-
ders, and guidance; and 
∆‘‘(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 Intel-
ligence Director for Community Management and Re-
sources or specified by law. 
∆‘‘CENTRAL INTELLIGENCE AGENCY 
∆‘‘SEC. 104. (a) CENTRAL INTELLIGENCE AGENCY.— 
There is a Central Intelligence Agency. 
∆‘‘(b) FUNCTION.—The function of the Central Intel-
ligence Agency is to assist the Director of the Central Intel-
ligence Agency in carrying out the responsibilities specified 
in section 104A(c). 
∆‘‘DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY 
∆‘‘SEC. 104A. (a) DIRECTOR
OF CENTRAL INTEL-
LIGENCE AGENCY.—There is a Director of the Central Intel-
ligence Agency who shall be appointed by the President, by 
and with the advice and consent of the Senate. The Director 
shall be under the authority, direction, and control of the
National Intelligence Director, except as otherwise deter-
mined by the President. 
∆‘‘(b) DUTIES.—In the capacity as Director of the 
Central Intelligence Agency, the Director of the Central In-
telligence Agency shall— 
∆‘‘(1) carry out the responsibilities specified in 
subsection (c); and 
∆‘‘(2) serve as the head of the Central Intel-
ligence Agency. 
∆‘‘(c) RESPONSIBILITIES.—The Director of the Central 
Intelligence Agency shall— 
∆‘‘(1) collect intelligence through human sources 
and by other appropriate means, except that the Di-
rector of the Central Intelligence Agency shall have no 
police, subpoena, or law enforcement powers or inter-
nal security functions; 
∆‘‘(2) provide overall direction for the collection 
of national intelligence through human sources by ele-
ments of the intelligence community authorized to un-
dertake such collection and, in coordination with 
other agencies of the Government which are author-
ized to undertake such collection, ensure that the most 
effective use is made of resources and that the risks 
to the United States and those involved in such collec-
tion are minimized;
∆‘‘(3) correlate and evaluate intelligence related 
to the national security and provide appropriate dis-
semination of such intelligence; 
∆‘‘(4) perform such additional services as are of 
common concern to the elements of the intelligence 
community, which services the National Intelligence 
Director determines can be more efficiently accom-
plished centrally; and 
∆‘‘(5) perform such other functions and duties 
related to intelligence affecting the national security 
as the President or the National Intelligence Director 
may direct. 
∆‘‘(d) DEPUTY DIRECTOR OF THE CENTRAL INTEL-
LIGENCE AGENCY.—There is a Deputy Director of the Cen-
tral Intelligence Agency who shall be appointed by the 
President. The Deputy Director shall perform such func-
tions as the Director may prescribe and shall perform the 
duties of the Director during the Director’s absence or dis-
ability or during a vacancy in the position of the Director 
of the Central Intelligence Agency. 
∆‘‘(e) TERMINATION OF EMPLOYMENT OF CIA EM-
PLOYEES.—(1) Notwithstanding the provisions of any other 
law, the Director of the Central Intelligence Agency may, 
in the discretion of the Director, terminate the employment 
of any officer or employee of the Central Intelligence Agency
whenever the Director considers the termination of employ-
ment of such officer or employee necessary or advisable in 
the interests of the United States. 
∆‘‘(2) Any termination of employment of an officer or 
employee under paragraph (1) shall not affect the right of 
the officer or employee to seek or accept employment in any 
other department, agency, or element of the United States 
Government if declared eligible for such employment by the 
Office of Personnel Management.’’. 
∆(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 Direc-
tor, it shall consider and dispose of such nomination within 
a period of 30 legislative days. 
∆(2) If the Senate does not dispose of such nomination 
referred to in paragraph (1) within such period— 
∆(A) Senate confirmation is not required; and 
∆(B) the appointment of such nominee as Na-
tional Intelligence Director takes effect upon adminis-
tration of the oath of office. 
∆(3) For the purposes of this subsection, the term ‘‘leg-
islative day’’ means a day on which the Senate is in session.
∆SEC. 1012. REVISED DEFINITION OF NATIONAL INTEL-
LIGENCE. 
∆Paragraph (5) of section 3 of the National Security 
Act of 1947 (50 U.S.C. 401a) is amended to read as follows: 
∆‘‘(5) The terms ‘national intelligence’ and ‘in-
telligence related to national security’ refer to all in-
telligence, regardless of the source from which derived 
and including information gathered within or outside 
the United States, that— 
∆‘‘(A) pertains, as determined consistent 
with any guidance issued by the President, to 
more than one United States Government agen-
cy; and 
∆‘‘(B) that involves— 
∆‘‘(i) threats to the United States, its 
people, property, or interests; 
∆‘‘(ii) the development, proliferation, 
or use of weapons of mass destruction; or 
∆‘‘(iii) any other matter bearing on 
United States national or homeland secu-
rity.’’.
∆SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL CO-
ORDINATION BETWEEN DEPARTMENT OF DE-
FENSE AND CENTRAL INTELLIGENCE AGEN-
CY. 
∆(a) DEVELOPMENT OF PROCEDURES.—The National 
Intelligence Director, in consultation with the Secretary of 
Defense and the Director 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 coordination 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, provide the fol-
lowing: 
∆(1) Methods by which the Director of the Cen-
tral Intelligence Agency and the Secretary of Defense 
can improve communication and coordination in the 
planning, execution, and sustainment of operations, 
including, as a minimum— 
∆(A) information exchange between senior 
officials of the Central Intelligence Agency and 
senior officers and officials of the Department of 
Defense when planning for such an operation 
commences by either organization; and
∆(B) exchange of information between the 
Secretary and the Director of the Central Intel-
ligence Agency to ensure that senior operational 
officials in both the Department of Defense and 
the Central Intelligence Agency have knowledge 
of the existence of the ongoing operations of the 
other. 
∆(2) When appropriate, in cases where the De-
partment of Defense and the Central Intelligence 
Agency are conducting separate missions in the same 
geographical area, mutual agreement on the tactical 
and strategic objectives for the region and a clear de-
lineation of operational responsibilities to prevent 
conflict and duplication of effort. 
∆(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 de-
fense committees (as defined in section 101 of title 10, 
United States Code) and the congressional intelligence com-
mittees (as defined in section 3(7) of the National Security 
Act of 1947 (50 U.S.C. 401a(7))) a report describing the 
procedures established pursuant to subsection (a) and the 
status of the implementation of those procedures.
∆SEC. 1014. ROLE OF NATIONAL INTELLIGENCE DIRECTOR 
IN APPOINTMENT OF CERTAIN OFFICIALS RE-
SPONSIBLE FOR INTELLIGENCE-RELATED AC-
TIVITIES. 
∆Section 106 of the National Security Act of 1947 (50 
U.S.C. 403–6) is amended by striking all after the heading 
and inserting the following: 
∆‘‘(a) RECOMMENDATION OF NID IN CERTAIN AP-
POINTMENTS.—(1) In the event of a vacancy in a position 
referred to in paragraph (2), the National Intelligence Di-
rector shall recommend to the President an individual for 
nomination to fill the vacancy. 
∆‘‘(2) Paragraph (1) applies to the following positions: 
∆‘‘(A) The Deputy National Intelligence Direc-
tor. 
∆‘‘(B) The Director of the Central Intelligence 
Agency. 
∆‘‘(b) CONCURRENCE OF NID IN APPOINTMENTS TO 
POSITIONS IN THE INTELLIGENCE COMMUNITY.—(1) In the 
event of a vacancy in a position referred to in paragraph 
(2), the head of the department or agency having jurisdic-
tion over the position shall obtain the concurrence of the 
National Intelligence Director before appointing an indi-
vidual to fill the vacancy or recommending to the President 
an individual to be nominated to fill the vacancy. If the 
Director does not concur in the recommendation, the head
of the department or agency concerned may not fill the va-
cancy or make the recommendation to the President (as the 
case may be). 
∆‘‘(2) Paragraph (1) applies to the following positions: 
∆‘‘(A) The Director of the National Security 
Agency. 
∆‘‘(B) The Director of the National Reconnais-
sance Office. 
∆‘‘(C) The Director of the National Geospatial- 
Intelligence Agency. 
∆‘‘(c) CONSULTATION WITH NATIONAL INTELLIGENCE 
DIRECTOR IN CERTAIN POSITIONS.—(1) In the event of a 
vacancy in a position referred to in paragraph (2), the head 
of the department or agency having jurisdiction over the 
position shall consult with the National Intelligence Direc-
tor before appointing an individual to fill the vacancy or 
recommending to the President an individual to be nomi-
nated to fill the vacancy. 
∆‘‘(2) Paragraph (1) applies to the following positions: 
∆‘‘(A) The Director of the Defense Intelligence 
Agency. 
∆‘‘(B) The Assistant Secretary of State for Intel-
ligence and Research. 
∆‘‘(C) The Director of the Office of Intelligence 
of the Department of Energy.
∆‘‘(D) The Director of the Office of counter-
intelligence of the Department of Energy. 
∆‘‘(E) The Assistant Secretary for Intelligence 
and Analysis of the Department of the Treasury. 
∆‘‘(F) The Executive Assistant Director for In-
telligence of the Federal Bureau of Investigation. 
∆‘‘(G) The Under Secretary of Homeland Secu-
rity for Information Analysis and Infrastructure Pro-
tection. 
∆‘‘(H) The Deputy Assistant Commandant of the 
Coast Guard for Intelligence. 
∆SEC. 1015. INITIAL APPOINTMENT OF THE NATIONAL IN-
TELLIGENCE DIRECTOR. 
∆(a) INITIAL APPOINTMENT OF THE NATIONAL INTEL-
LIGENCE DIRECTOR.—Notwithstanding section 102(a)(1) of 
the National Security Act of 1947, as added by section 
1011(a), the individual serving as the Director of Central 
Intelligence on the date immediately preceding the date of 
the enactment of this Act may, at the discretion of the Presi-
dent, become the National Intelligence Director as of the 
date of the enactment of this Act. 
∆(b) GENERAL REFERENCES.—(1) Any reference to 
the Director of Central Intelligence in the Director’s capac-
ity 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 In-
telligence Director. 
∆(2) Any reference to the Director of Central Intel-
ligence 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. 
∆(3) Any reference to the Deputy Director of Central 
Intelligence in the Deputy Director’s capacity as deputy to 
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 reference to the Deputy National 
Intelligence Director. 
∆(4) Any reference to the Deputy Director of Central 
Intelligence for Community Management in any law, regu-
lation, document, paper, or other record of the United 
States shall be deemed to be a reference to the Deputy Na-
tional Intelligence Director for Community Management 
and Resources. 
∆SEC. 1016. EXECUTIVE SCHEDULE MATTERS. 
∆(a) EXECUTIVE SCHEDULE LEVEL I.—Section 5312 
of title 5, United States Code, is amended by adding the 
end the following new item: 
∆‘‘National Intelligence Director.’’.
∆(b) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 
of title 5, United States Code, is amended by adding at 
the end the following new items: 
∆‘‘Deputy National Intelligence Director. 
∆‘‘Director of the National counterterrorism Cen-
ter.’’. 
∆(c) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 
of title 5, United States Code, is amended by striking the 
item relating to the Assistant Directors of Central Intel-
ligence. 
∆Subtitle 
B—National 
counter-
terrorism Center and Civil Lib-
erties Protections 
∆SEC. 1021. NATIONAL counterterrorism CENTER. 
∆(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: 
∆‘‘NATIONAL COUNTERTERRORISM CENTER 
∆‘‘SEC. 119. (a) ESTABLISHMENT OF CENTER.—There 
is within the Office of the National Intelligence Director 
a National counterterrorism Center. 
∆‘‘(b) DIRECTOR OF NATIONAL COUNTERTERRORISM 
CENTER.—There is a Director of the National counter-
terrorism Center, who shall be the head of the National 
counterterrorism Center, who shall be appointed by Na-
tional Intelligence Director.
∆‘‘(c) SUPERVISION.—The Director of the National 
counterterrorism Center shall report to the National Intel-
ligence Director on— 
∆‘‘(1) the budget and programs of the National 
counterterrorism Center; 
∆‘‘(2) the activities of the Directorate of Intel-
ligence of the National counterterrorism Center under 
subsection (h); 
∆‘‘(3) the conduct of intelligence operations im-
plemented by other elements of the intelligence com-
munity; and 
∆‘‘(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 Direc-
tor for Operations. 
∆‘‘(d) PRIMARY MISSIONS.—The primary missions of 
the National counterterrorism Center shall be as follows: 
∆‘‘(1) To serve as the primary organization in 
the United States Government for analyzing and inte-
grating all intelligence possessed or acquired by the 
United States Government pertaining to terrorism 
and counterterrorism, excepting intelligence per-
taining exclusively to domestic counterterrorism.
∆‘‘(2) To conduct strategic operational planning 
for counterterrorism activities, integrating all instru-
ments of national power, including diplomatic, finan-
cial, military, intelligence, homeland security, and 
law enforcement activities within and among agen-
cies. 
∆‘‘(3) To support operational responsibilities as-
signed to lead agencies for counterterrorism activities 
by ensuring that such agencies have access to and re-
ceive intelligence needed to accomplish their assigned 
activities. 
∆‘‘(4) To ensure that agencies, as appropriate, 
have access to and receive all-source intelligence sup-
port needed to execute their counterterrorism plans or 
perform independent, alternative analysis. 
∆‘‘(e) 
DOMESTIC
COUNTERTERRORISM
INTEL-
LIGENCE.—(1) The Center may, consistent with applicable 
law, the direction of the President, and the guidelines re-
ferred to in section 102A(b), receive intelligence pertaining 
exclusively to domestic counterterrorism from any Federal, 
State, or local government or other source necessary to ful-
fill its responsibilities and retain and disseminate such in-
telligence. 
∆‘‘(2) Any agency authorized to conduct counter-
terrorism activities may request information from the Cen-
ter to assist it in its responsibilities, consistent with appli-
cable law and the guidelines referred to in section 102A(b). 
∆‘‘(f) DUTIES
AND RESPONSIBILITIES
OF DIREC-
TOR.—The Director of the National counterterrorism Center 
shall— 
∆‘‘(1) serve as the principal adviser to the Na-
tional Intelligence Director on intelligence operations 
relating to counterterrorism; 
∆‘‘(2) provide strategic guidance and plans for 
the civilian and military counterterrorism efforts of 
the United States Government and for the effective in-
tegration of counterterrorism intelligence and oper-
ations across agency boundaries, both inside and out-
side the United States; 
∆‘‘(3) advise the National Intelligence Director 
on the extent to which the counterterrorism program 
recommendations and budget proposals of the depart-
ments, agencies, and elements of the United States 
Government conform to the priorities established by 
the President; 
∆‘‘(4) disseminate terrorism information, includ-
ing current terrorism threat analysis, to the Presi-
dent, the Vice President, the Secretaries of State, De-
fense, and Homeland Security, the Attorney General, 
the Director of the Central Intelligence Agency, and
other officials of the executive branch as appropriate, 
and to the appropriate committees of Congress; 
∆‘‘(5) support the Department of Justice and the 
Department of Homeland Security, and other appro-
priate agencies, in fulfillment of their responsibilities 
to disseminate terrorism information, consistent with 
applicable law, Executive Orders and other Presi-
dential guidance, to State and local government offi-
cials, and other entities, and coordinate dissemina-
tion of terrorism information to foreign governments 
as approved by the National Intelligence Director; 
∆‘‘(6) consistent with priorities approved by the 
President, assist the National Intelligence Director in 
establishing requirements for the intelligence commu-
nity for the collection of terrorism information; and 
∆‘‘(7) perform such other duties as the National 
Intelligence Director may prescribe or are prescribed 
by law. 
∆‘‘(g) LIMITATION.—The Director of the National 
counterterrorism Center may not direct the execution of 
counterterrorism operations. 
∆‘‘(h) RESOLUTION OF DISPUTES.—The National In-
telligence Director shall resolve disagreements between the 
National counterterrorism 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 National Intel-
ligence Director to the President. 
∆‘‘(i) DIRECTORATE OF INTELLIGENCE.—The Director 
of the National counterterrorism Center shall establish and 
maintain within the National counterterrorism Center a 
Directorate of Intelligence which shall have primary re-
sponsibility within the United States Government for anal-
ysis of terrorism and terrorist organizations (except for 
purely domestic terrorism and domestic terrorist organiza-
tions) from all sources of intelligence, whether collected in-
side or outside the United States. 
∆‘‘(j) DIRECTORATE OF STRATEGIC PLANNING.—The 
Director of the National counterterrorism Center shall es-
tablish and maintain within the National counterterrorism 
Center a Directorate of Strategic Planning which shall pro-
vide strategic guidance and plans for counterterrorism op-
erations conducted by the United States Government.’’. 
∆(b) CLERICAL AMENDMENT.—The table of sections for 
the National Security Act of 1947 is amended by inserting 
after the item relating to section 118 the following new item: 
∆‘‘Sec. 119. National counterterrorism Center.’’. 
∆SEC. 1022. CIVIL LIBERTIES PROTECTION OFFICER. 
∆(a) CIVIL LIBERTIES PROTECTION OFFICER.—(1) 
Within the Office of the National Intelligence Director, there
is a Civil Liberties Protection Officer who shall be ap-
pointed by the National Intelligence Director. 
∆(2) The Civil Liberties Protection Officer shall report 
directly to the National Intelligence Director. 
∆(b) DUTIES.—The Civil Liberties Protection Officer 
shall— 
∆(1) ensure that the protection of civil liberties 
and privacy is appropriately incorporated in the 
policies and procedures developed for and imple-
mented by the Office of the National Intelligence Di-
rector and the elements of the intelligence community 
within the National Intelligence Program; 
∆(2) oversee compliance by the Office and the 
National Intelligence Director with requirements 
under the Constitution and all laws, regulations, Ex-
ecutive orders, and implementing guidelines relating 
to civil liberties and privacy; 
∆(3) review and assess complaints and other in-
formation indicating possible abuses of civil liberties 
and privacy in the administration of the programs 
and operations of the Office and the National Intel-
ligence Director and, as appropriate, investigate any 
such complaint or information;
∆(4) ensure that the use of technologies sustain, 
and do not erode, privacy protections relating to the 
use, collection, and disclosure of personal information; 
∆(5) ensure that personal information contained 
in a system of records subject to section 552a of title 
5, United States Code (popularly referred to as the 
‘Privacy Act’), is handled in full compliance with fair 
information practices as set out in that section; 
∆(6) conduct privacy impact assessments when 
appropriate or as required by law; and 
∆(7) perform such other duties as may be pre-
scribed by the National Intelligence Director or speci-
fied by law. 
∆(c) USE OF AGENCY INSPECTORS GENERAL.—When 
appropriate, the Civil Liberties Protection Officer may refer 
the Office of Inspector General having responsibility for the 
affected element of the department or agency of the intel-
ligence community to conduct an investigation under para-
graph (3) of subsection (b). 
∆Subtitle C—Joint Intelligence 
Community Council 
∆SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL. 
∆(a) ESTABLISHMENT.—(1) There is hereby estab-
lished a Joint Intelligence Community Council.
∆(b) FUNCTIONS.—(1) The Joint Intelligence Commu-
nity Council shall provide advice to the National Intel-
ligence Director as appropriate. 
∆(2) The National Intelligence Director shall consult 
with the Joint Intelligence Community Council in devel-
oping guidance for the development of the annual National 
Intelligence Program budget. 
∆(c) MEMBERSHIP.—The Joint Intelligence Commu-
nity Council shall consist of the following: 
∆(1) The National Intelligence Director, who 
shall chair the Council. 
∆(2) The Secretary of State. 
∆(3) The Secretary of the Treasury. 
∆(4) The Secretary of Defense. 
∆(5) The Attorney General. 
∆(6) The Secretary of Energy. 
∆(7) The Secretary of Homeland Security. 
∆(8) Such other officials of the executive branch 
as the President may designate. 
∆Subtitle D—Improvement of 
Human Intelligence (HUMINT) 
∆SEC. 1041. HUMAN INTELLIGENCE AS AN INCREASINGLY 
CRITICAL 
COMPONENT 
OF 
THE 
INTEL-
LIGENCE COMMUNITY. 
∆It is a sense of Congress that—
∆(1) the human intelligence officers of the intel-
ligence community have performed admirably and 
honorably in the face of great personal dangers; 
∆(2) during an extended period of unprecedented 
investment and improvements in technical collection 
means, the human intelligence capabilities of the 
United States have not received the necessary and 
commensurate priorities; 
∆(3) human intelligence is becoming an increas-
ingly important capability to provide information on 
the asymmetric threats to the national security of the 
United States; 
∆(4) the continued development and improve-
ment of a robust and empowered and flexible human 
intelligence work force is critical to identifying, un-
derstanding, and countering the plans and intentions 
of the adversaries of the United States; and 
∆(5) an increased emphasis on, and resources 
applied to, enhancing the depth and breadth of 
human intelligence capabilities of the United States 
intelligence community must be among the top prior-
ities of the National Intelligence Director.
∆SEC. 1042. IMPROVEMENT OF HUMAN INTELLIGENCE CA-
PACITY. 
∆Not later than 6 months after the date of the enact-
ment of this Act, the National Intelligence Director shall 
submit to Congress a report on existing human intelligence 
(HUMINT) capacity which shall include a plan to imple-
ment changes, as necessary, to accelerate improvements to, 
and increase the capacity of, HUMINT across the intel-
ligence community. 
∆Subtitle E—Improvement of Edu-
cation for the Intelligence Com-
munity 
∆SEC. 1051. MODIFICATION OF OBLIGATED SERVICE RE-
QUIREMENTS UNDER NATIONAL SECURITY 
EDUCATION PROGRAM. 
∆(a) IN GENERAL.—(1) Subsection (b)(2) of section 
802 of the David L. Boren National Security Education 
Act of 1991 (50 U.S.C. 1902) is amended to read as follows: 
∆‘‘(2) will meet the requirements for obligated 
service described in subsection (j); and’’. 
∆(2) Such section is further amended by adding at the 
end the following new subsection: 
∆‘‘(j) REQUIREMENTS FOR OBLIGATED SERVICE IN 
THE GOVERNMENT.—(1) Each recipient of a scholarship or 
a fellowship under the program shall work in a specified 
national security position. In this subsection, the term
‘specified national security position’ means a position of 
a department or agency of the United States that the Sec-
retary certifies is appropriate to use the unique language 
and 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. 
∆‘‘(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 recipient of the study for which scholarship or fellow-
ship assistance (as the case may be) was provided under 
the program. 
∆‘‘(3) Each such recipient shall work in a specified 
national security position for a period specified by the Sec-
retary, which period shall include— 
∆‘‘(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 
∆‘‘(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 as-
sistance was provided. 
∆‘‘(4) Recipients shall seek specified national security 
positions as follows:
∆‘‘(A) In the Department of Defense or in any 
element of the intelligence community. 
∆‘‘(B) In the Department of State or in the De-
partment of Homeland Security, if the recipient dem-
onstrates to the Secretary that no position is available 
in the Department of Defense or in any element of the 
intelligence community. 
∆‘‘(C) In any other Federal department or agen-
cy not referred to in subparagraphs (A) and (B), if 
the recipient demonstrates to the Secretary that no 
position is available in a Federal department or 
agency specified in such paragraphs.’’. 
∆(b) REGULATIONS.—The Secretary of Defense 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 prescribing such 
regulations, the Secretary shall establish standards that re-
cipients of scholarship and fellowship assistance under the 
program 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 subsection. 
∆(c) APPLICABILITY.—(1) The amendments made by 
subsection (a) shall apply with respect 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. 
∆(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 
Education Act of 1991 before the date of the enactment of 
this Act that is in force as of that date. 
∆SEC. 1052. IMPROVEMENTS TO THE NATIONAL FLAGSHIP 
LANGUAGE INITIATIVE. 
∆(a) INCREASE IN ANNUAL AUTHORIZATION OF AP-
PROPRIATIONS.—(1) Title VIII of the Intelligence Author-
ization Act for Fiscal Year 1992 (Public Law 102–183; 105 
Stat. 1271), as 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 Intel-
ligence 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 appro-
priated to the Secretary for each fiscal year, beginning with 
fiscal year 2003, $10,000,000,’’ and inserting ‘‘there is au-
thorized to be appropriated to the Secretary for each of fis-
cal years 2003 and 2004, $10,000,000, and for fiscal year 
2005 and each subsequent fiscal year, $12,000,000,’’.
∆(2) Subsection (b) of such section is amended by in-
serting ‘‘for fiscal years 2003 and 2004 only’’ after ‘‘author-
ization of appropriations under subsection (a)’’. 
∆(b) REQUIREMENT
FOR
EMPLOYMENT
AGREE-
MENTS.—(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: 
∆‘‘(5)(A) In the case of an undergraduate or graduate 
student that participates in training in programs under 
paragraph (1), the student shall enter into an agreement 
described in subsection (b), other than such a student who 
has entered into such an agreement pursuant to subpara-
graph (A)(ii) or (B)(ii) of section 802(a)(1). 
∆‘‘(B) In the case of an employee of an agency or de-
partment of the Federal Government that participates in 
training in programs under paragraph (1), the employee 
shall agree in writing— 
∆‘‘(i) to continue in the service of the agency or 
department of the Federal Government employing the 
employee for the period of such training; 
∆‘‘(ii) to continue in the service of such agency 
or department employing the employee following com-
pletion of such training for a period of two years for 
each year, or part of the year, of such training;
∆‘‘(iii) to reimburse the United States for the 
total cost of such training (excluding the employee’s 
pay and allowances) provided to the employee if, be-
fore the completion by the employee of the training, 
the employment of the employee by the agency or de-
partment is terminated due to misconduct by the em-
ployee or by the employee voluntarily; and 
∆‘‘(iv) to reimburse the United States if, after 
completing such training, the employment of the em-
ployee by the agency or department is terminated ei-
ther by the agency or department due to misconduct 
by the employee or by the employee voluntarily, before 
the completion by the employee of the period of service 
required 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 
employee as the unserved portion of such period of 
service bears to the total period of service under clause 
(ii). 
∆‘‘(C) Subject to subparagraph (D), the obligation to 
reimburse the United States under an agreement under sub-
paragraph (A) is for all purposes a debt owing the United 
States. 
∆‘‘(D) The head of an element of the intelligence com-
munity may release an employee, in whole or in part, from
the obligation to reimburse the United States under an 
agreement 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.’’. 
∆(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. 
∆(c) INCREASE IN THE NUMBER OF PARTICIPATING 
EDUCATIONAL INSTITUTIONS.—The Secretary of Defense 
shall take such steps as the Secretary determines will in-
crease the number of qualified educational institutions that 
receive grants under the National Flagship Language Ini-
tiative 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 lan-
guages that the Secretary identifies as being the most crit-
ical in the interests of the national security of the United 
States. 
∆(d) CLARIFICATION
OF AUTHORITY
TO SUPPORT 
STUDIES ABROAD.—Educational institutions that receive 
grants under the National Flagship Language Initiative 
may support students who pursue total immersion foreign 
language studies overseas of foreign languages that are crit-
ical to the national security of the United States.
∆SEC. 1053. ESTABLISHMENT OF SCHOLARSHIP PROGRAM 
FOR ENGLISH LANGUAGE STUDIES FOR HER-
ITAGE COMMUNITY CITIZENS OF THE UNITED 
STATES WITHIN THE NATIONAL SECURITY 
EDUCATION PROGRAM. 
∆(a) SCHOLARSHIP PROGRAM
FOR ENGLISH LAN-
GUAGE STUDIES FOR HERITAGE COMMUNITY CITIZENS OF 
THE UNITED STATES.—(1) Subsection (a)(1) of section 802 
of the David L. Boren National Security Education Act of 
1991 (50 U.S.C. 1902) is amended— 
∆(A) by striking ‘‘and’’ at the end of subpara-
graph (C); 
∆(B) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘; and’’; and 
∆(C) by adding at the end the following new sub-
paragraph: 
∆‘‘(E) awarding scholarships to students 
who— 
∆‘‘(i) are United States citizens who— 
∆‘‘(I) are native speakers (com-
monly referred to as heritage commu-
nity 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 employment by Federal security 
agencies with a need for linguists; and 
∆‘‘(II) are not proficient at a pro-
fessional level in the English language 
with respect to reading, writing, and 
interpersonal skills required to carry 
out the national security interests of 
the United States, as determined by the 
Secretary, 
∆to enable such students to pursue 
English language studies at an institution 
of higher education of the United States to 
attain proficiency in those skills; and 
∆‘‘(ii) enter into an agreement to work 
in a national security position or work in 
the field of education in the area of study 
for which the scholarship was awarded in a 
similar manner (as determined by the Sec-
retary) as agreements entered into pursuant 
to subsection (b)(2)(A).’’. 
∆(2) The matter following subsection (a)(2) of such sec-
tion is amended— 
∆(A) in the first sentence, by inserting ‘‘or for 
the scholarship program under paragraph (1)(E)’’ 
after ‘‘under paragraph (1)(D) for the National Flag-
ship Language Initiative described in subsection (i)’’; 
and 
∆(B) by adding at the end the following: ‘‘For 
the authorization of appropriations for the scholar-
ship program under paragraph (1)(E), see section 
812.’’. 
∆(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 schol-
arship programs for advanced English language studies by 
heritage community residents)’’. 
∆(b) FUNDING.—The David L. Boren National Secu-
rity Education Act of 1991 (50 U.S.C. 1901 et seq.) is 
amended by adding at the end the following new section: 
∆‘‘SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR 
CERTAIN HERITAGE COMMUNITY RESIDENTS. 
∆‘‘There is authorized to be appropriated to the Sec-
retary for each fiscal year, beginning with fiscal year 2005, 
$4,000,000, to carry out the scholarship programs for 
English language studies by certain heritage community 
residents under section 802(a)(1)(E).
∆SEC. 1054. SENSE OF CONGRESS WITH RESPECT TO LAN-
GUAGE AND EDUCATION FOR THE INTEL-
LIGENCE COMMUNITY; REPORTS. 
∆(a) SENSE OF CONGRESS.—It is the sense of Congress 
that there should be within the Office of the National Intel-
ligence Director a senior official responsible to assist the 
National Intelligence Director in carrying out the Direc-
tor’s responsibilities for establishing policies and procedure 
for foreign language education and training of the intel-
ligence community. The duties of such official should in-
clude the following: 
∆(1) Overseeing and coordinating requirements 
for foreign language education and training of the in-
telligence community. 
∆(2) Establishing policy, standards, and prior-
ities relating to such requirements. 
∆(3) Identifying languages that are critical to 
the capability of the intelligence community to carry 
out national security activities of the United States. 
∆(4) Monitoring the allocation of resources for 
foreign language education and training in order to 
ensure the requirements of the intelligence community 
with respect to foreign language proficiency are met. 
∆(b) REPORTS.—Not later than one year after the date 
of the enactment of this Act, the National Intelligence Direc-
tor shall submit to Congress the following reports:
∆(1) A report that identifies— 
∆(A) skills and processes involved in learn-
ing a foreign language; and 
∆(B) characteristics and teaching tech-
niques that are most effective in teaching foreign 
languages. 
∆(2)(A) A report that identifies foreign language 
heritage communities, particularly such communities 
that include speakers of languages that are critical to 
the national security of the United States. 
∆(B) For purposes of subparagraph (A), the 
term ‘‘foreign language heritage community’’ means a 
community of residents or citizens of the United 
States— 
∆(i) who are native speakers of, or who 
have fluency in, a foreign language; and 
∆(ii) who should be actively recruited for 
employment by Federal security agencies with a 
need for linguists. 
∆(3) A report on— 
∆(A) the estimated cost of establishing a 
program under which the heads of elements of 
the intelligence community agree to repay em-
ployees of the intelligence community for any 
student loan taken out by that employee for the
study of foreign languages critical for the na-
tional security of the United States; and 
∆(B) the effectiveness of such a program in 
recruiting and retaining highly qualified per-
sonnel in the intelligence community. 
∆SEC. 1055. ADVANCEMENT OF FOREIGN LANGUAGES CRIT-
ICAL TO THE INTELLIGENCE COMMUNITY. 
∆(a) IN GENERAL.—Title X of the National Security 
Act of 1947 (50 U.S.C.) is amended— 
∆(1) by inserting before section 1001 (50 U.S.C. 
441g) the following: 
∆‘‘Subtitle A—Science and 
Technology’’; 
∆and 
∆(2) by adding at the end the following new sub-
titles: 
∆‘‘Subtitle B—Foreign Languages 
Program 
∆‘‘PROGRAM ON ADVANCEMENT OF FOREIGN LANGUAGES 
CRITICAL TO THE INTELLIGENCE COMMUNITY 
∆‘‘SEC. 1011. (a) ESTABLISHMENT OF PROGRAM.— 
The Secretary of Defense and the National Intelligence Di-
rector may jointly establish a program to advance foreign 
languages skills in languages that are critical to the capa-
bility of the intelligence community to carry out national
security activities of the United States (hereinafter in this 
subtitle referred to as the ‘Foreign Languages Program’). 
∆‘‘(b) IDENTIFICATION OF REQUISITE ACTIONS.—In 
order to carry out the Foreign Languages Program, the Sec-
retary of Defense and the National Intelligence Director 
shall jointly determine actions required to improve the edu-
cation of personnel in the intelligence community in foreign 
languages that are critical to the capability of the intel-
ligence community to carry out national security activities 
of the United States to meet the long-term intelligence needs 
of the United States. 
∆‘‘EDUCATION PARTNERSHIPS 
∆‘‘SEC. 1012. (a) IN GENERAL.—In carrying out the 
Foreign Languages Program, the head of a department or 
agency containing an element 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 for-
eign languages that are critical to the capability of the in-
telligence community to carry out national security activi-
ties of the United States in educational institutions. 
∆‘‘(b) ASSISTANCE PROVIDED UNDER EDUCATIONAL 
PARTNERSHIP AGREEMENTS.—Under an educational part-
nership agreement entered into with an educational institu-
tion pursuant to this section, the head of an element of an
intelligence community entity may provide the following 
assistance to the educational institution: 
∆‘‘(1) The loan of equipment and instructional 
materials of the element of the intelligence community 
entity to the educational institution for any purpose 
and duration that the head determines to be appro-
priate. 
∆‘‘(2) Notwithstanding any other provision of 
law relating to transfers of surplus property, the 
transfer to the educational institution of any com-
puter equipment, or other equipment, that is— 
∆‘‘(A) commonly used by educational insti-
tutions; 
∆‘‘(B) surplus to the needs of the entity; 
and 
∆‘‘(C) determined by the head of the element 
to be appropriate for support of such agreement. 
∆‘‘(3) The provision of dedicated personnel to the 
educational institution— 
∆‘‘(A) to teach courses in foreign languages 
that are critical to the capability of the intel-
ligence community to carry out national security 
activities of the United States; or 
∆‘‘(B) to assist in the development of such 
courses and materials for the institution.
∆‘‘(4) The involvement of faculty and students of 
the educational institution in research projects of the 
element of the intelligence community entity. 
∆‘‘(5) Cooperation with the educational institu-
tion in developing a program under which students 
receive academic credit at the educational institution 
for work on research projects of the element of the in-
telligence community entity. 
∆‘‘(6) The provision of academic and career ad-
vice and assistance to students of the educational in-
stitution. 
∆‘‘(7) The provision of cash awards and other 
items that the head of the element of the intelligence 
community entity determines to be appropriate. 
∆‘‘VOLUNTARY SERVICES 
∆‘‘SEC. 1013. (a) AUTHORITY TO ACCEPT SERV-
ICES.—Notwithstanding section 1342 of title 31, United 
States Code, and subject to subsection (b), the Foreign Lan-
guages Program under section 1011 shall include authority 
for the head of an element of an intelligence community 
entity to accept from any individual who is dedicated per-
sonnel (as defined in section 1016(3)) voluntary services in 
support of the activities authorized by this subtitle. 
∆‘‘(b) REQUIREMENTS AND LIMITATIONS.—(1) In ac-
cepting voluntary services from an individual under sub-
section (a), the head of the element shall—
∆‘‘(A) supervise the individual to the same ex-
tent as the head of the element would supervise a com-
pensated employee of that element providing similar 
services; and 
∆‘‘(B) ensure that the individual is licensed, 
privileged, has appropriate educational or experien-
tial credentials, or is otherwise qualified under appli-
cable law or regulations to provide such services. 
∆‘‘(2) In accepting voluntary services from an indi-
vidual under subsection (a), the head of an element of the 
intelligence community entity may not— 
∆‘‘(A) place the individual in a policymaking 
position, or other position performing inherently gov-
ernment functions; or 
∆‘‘(B) compensate the individual for the provi-
sion of such services. 
∆‘‘(c) AUTHORITY TO RECRUIT AND TRAIN INDIVID-
UALS PROVIDING SERVICES.—The head of an element of an 
intelligence community entity may recruit and train indi-
viduals to provide voluntary services accepted under sub-
section (a). 
∆‘‘(d) STATUS
OF INDIVIDUALS PROVIDING SERV-
ICES.—(1) Subject to paragraph (2), while providing vol-
untary services accepted under subsection (a) or receiving 
training under subsection (c), an individual shall be consid-
ered to be an employee of the Federal Government only for 
purposes of the following provisions of law: 
∆‘‘(A) Section 552a of title 5, United States 
Code (relating to maintenance of records on individ-
uals). 
∆‘‘(B) Chapter 11 of title 18, United States Code 
(relating to conflicts of interest). 
∆‘‘(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 non-
profit institution for purposes of the Volunteer Protection 
Act of 1997 (42 U.S.C. 14501 et seq.). 
∆‘‘(B) In the case of any claim against such an indi-
vidual with respect to the provision of such services, section 
4(d) of such Act (42 U.S.C. 14503(d)) shall not apply. 
∆‘‘(3) Acceptance of voluntary services under this sec-
tion shall have no bearing on the issuance or renewal of 
a security clearance. 
∆‘‘(e) REIMBURSEMENT OF INCIDENTAL EXPENSES.— 
(1) The head of an element of the intelligence community 
entity may reimburse an individual for incidental expenses 
incurred by the individual in providing voluntary 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. 
∆‘‘(2) Reimbursement under paragraph (1) may be 
made from appropriated or nonappropriated funds. 
∆‘‘(f) AUTHORITY TO INSTALL EQUIPMENT.—(1) The 
head of an element of the intelligence community may in-
stall telephone lines and any necessary telecommunication 
equipment in the private residences of individuals who pro-
vide voluntary services accepted under subsection (a). 
∆‘‘(2) The head of an element of the intelligence com-
munity may pay the charges incurred for the use of equip-
ment installed under paragraph (1) for authorized pur-
poses. 
∆‘‘(3) Notwithstanding section 1348 of title 31, United 
States Code, the head of an element of the intelligence com-
munity entity may use appropriated funds or non-
appropriated funds of the element in carrying out this sub-
section. 
∆‘‘REGULATIONS 
∆‘‘SEC. 1014. (a) IN GENERAL.—The Secretary of De-
fense and the National Intelligence Director jointly shall 
promulgate regulations necessary to carry out the Foreign 
Languages Program authorized under this subtitle. 
∆‘‘(b) ELEMENTS
OF
THE INTELLIGENCE COMMU-
NITY.—Each head of an element of an intelligence commu-
nity entity shall prescribe regulations to carry out sections
1012 and 1013 with respect to that element including the 
following: 
∆‘‘(1) Procedures to be utilized for the acceptance 
of voluntary services under section 1013. 
∆‘‘(2) Procedures and requirements relating to 
the installation of equipment under section 1013(g). 
∆‘‘DEFINITIONS 
∆‘‘SEC. 1015. In this subtitle: 
∆‘‘(1) The term ‘intelligence community entity’ 
means an agency, office, bureau, or element referred 
to in subparagraphs (B) through (K) of section 3(4). 
∆‘‘(2) 
The 
term 
‘educational 
institution’ 
means— 
∆‘‘(A) a local educational agency (as that 
term is defined in section 9101(26) of the Ele-
mentary and Secondary Education Act of 1965 
(20 U.S.C. 7801(26))), 
∆‘‘(B) an institution of higher education 
(as defined in section 102 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1002) other than 
institutions referred to in subsection (a)(1)(C) of 
such section), or 
∆‘‘(C) any other nonprofit institution that 
provides instruction of foreign languages in lan-
guages that are critical to the capability of the
intelligence community to carry out national se-
curity activities of the United States. 
∆‘‘(3) The term ‘dedicated personnel’ means em-
ployees of the intelligence community and private 
citizens (including former civilian employees of the 
Federal Government who have been voluntarily sepa-
rated, and members of the United States Armed 
Forces who have been honorably discharged or gen-
erally discharged under honorable circumstances, and 
rehired on a voluntary basis specifically to perform 
the activities authorized under this subtitle). 
∆‘‘Subtitle C—Additional Education 
Provisions 
∆‘‘ASSIGNMENT OF INTELLIGENCE COMMUNITY PERSONNEL 
AS LANGUAGE STUDENTS 
∆‘‘SEC. 1021. (a) IN GENERAL.—(1) The National In-
telligence Director, acting through the heads of the elements 
of the intelligence community, may provide for the assign-
ment of military and civilian personnel described in para-
graph (2) as students at accredited professional, technical, 
or other institutions of higher education for training at the 
graduate or undergraduate level in foreign languages re-
quired for the conduct of duties and responsibilities of such 
positions.
∆‘‘(2) Personnel referred to in paragraph (1) are per-
sonnel of the elements of the intelligence community who 
serve in analysts positions in such elements and who re-
quire foreign language expertise required for the conduct of 
duties and responsibilities of such positions. 
∆‘‘(b) AUTHORITY FOR REIMBURSEMENT OF COSTS OF 
TUITION AND TRAINING.—(1) The Director 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 reading materials. 
∆‘‘(2) The authority under paragraph (1) shall apply 
to employees who are assigned on a full-time or part-time 
basis. 
∆‘‘(3) Reimbursement under paragraph (1) may be 
made from appropriated or nonappropriated funds. 
∆‘‘(c) RELATIONSHIP TO COMPENSATION AS AN ANA-
LYST.—Reimbursement under this section to an employee 
who is an analyst is in addition to any benefits, allowances, 
travels, or other compensation the employee is entitled to 
by reason of serving in such an analyst position.’’. 
∆(b) CLERICAL AMENDMENT.—The table of contents 
for the National Security Act of 1947 is amended by strik-
ing the item relating to section 1001 and inserting the fol-
lowing new items:
∆‘‘Subtitle A—Science and Technology 
∆‘‘Sec. 1001. Scholarships and work-study for pursuit of graduate degrees in 
science and technology. 
∆‘‘Subtitle B—Foreign Languages Program 
∆‘‘Sec. 1011. Program on advancement of foreign languages critical to the intel-
ligence community. 
∆‘‘Sec. 1012. Education partnerships. 
∆‘‘Sec. 1013. Voluntary services. 
∆‘‘Sec. 1014. Regulations. 
∆‘‘Sec. 1015. Definitions. 
∆‘‘Subtitle C—Additional Education Provisions 
∆‘‘Sec. 1021. Assignment of intelligence community personnel as language stu-
dents.’’. 
∆SEC. 1056. PILOT PROJECT FOR CIVILIAN LINGUIST RE-
SERVE CORPS. 
∆(a) PILOT PROJECT.—The National Intelligence Di-
rector shall conduct a pilot project to establish a Civilian 
Linguist Reserve Corps comprised of United States citizens 
with advanced levels of proficiency in foreign languages 
who would be available upon a call of the President to per-
form such service or duties with respect to such foreign lan-
guages in the Federal Government as the President may 
specify. 
∆(b) CONDUCT OF PROJECT.—Taking into account the 
findings and recommendations contained in the report re-
quired under section 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—
∆(1) identify several foreign languages that are 
critical for the national security of the United States; 
∆(2) identify United States citizens with ad-
vanced levels of proficiency in those foreign languages 
who would be available to perform the services and 
duties referred to in subsection (a); and 
∆(3) implement a call for the performance of 
such services and duties. 
∆(c) DURATION OF PROJECT.—The pilot project under 
subsection (a) shall be conducted for a three-year period. 
∆(d) AUTHORITY TO ENTER INTO CONTRACTS.—The 
National Intelligence Director may enter into contracts 
with appropriate agencies or entities to carry out the pilot 
project under subsection (a). 
∆(e) REPORTS.—(1) The National Intelligence Direc-
tor shall submit to Congress an initial and a final report 
on the pilot project conducted under subsection (a). 
∆(2) Each report required under paragraph (1) shall 
contain information on the operation of the pilot project, 
the success of the pilot project in carrying out the objectives 
of the establishment of a Civilian Linguist Reserve Corps, 
and recommendations for the continuation or expansion of 
the pilot project. 
∆(3) The final report shall be submitted not later than 
6 months after the completion of the project.
∆(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the National Intel-
ligence 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). 
∆SEC. 1057. CODIFICATION OF ESTABLISHMENT OF THE NA-
TIONAL VIRTUAL TRANSLATION CENTER. 
∆(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 amended by adding at the end the fol-
lowing new section: 
∆‘‘NATIONAL VIRTUAL TRANSLATION CENTER 
∆‘‘SEC. 120. (a) IN GENERAL.—There is an element 
of the intelligence community known as the National Vir-
tual Translation Center under the direction of the National 
Intelligence Director. 
∆‘‘(b) FUNCTION.—The National Virtual Translation 
Center shall provide for timely and accurate translations 
of foreign intelligence for all other elements of the intel-
ligence community. 
∆‘‘(c) FACILITATING ACCESS TO TRANSLATIONS.—In 
order to minimize the need for a central facility for the 
National Virtual Translation Center, the Center shall— 
∆‘‘(1) use state-of-the-art communications tech-
nology;
∆‘‘(2) integrate existing translation capabilities 
in the intelligence community; and 
∆‘‘(3) use remote-connection capacities. 
∆‘‘(d) USE OF SECURE FACILITIES.—Personnel of the 
National Virtual Translation Center may carry out duties 
of the Center at any location that— 
∆‘‘(1) has been certified as a secure facility by 
an agency or department of the United States; and 
∆‘‘(2) the National Intelligence Director deter-
mines to be appropriate for such purpose.’’. 
∆(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 fol-
lowing new item: 
∆‘‘Sec. 120. National Virtual Translation Center.’’. 
∆SEC. 1058. REPORT ON RECRUITMENT AND RETENTION OF 
QUALIFIED INSTRUCTORS OF THE DEFENSE 
LANGUAGE INSTITUTE. 
∆(a) STUDY.—The Secretary of Defense shall conduct 
a study on methods to improve the recruitment and reten-
tion of qualified foreign language instructors at the Foreign 
Language Center of the Defense Language Institute. In con-
ducting the study, the Secretary shall consider, in the case 
of a foreign language instructor who is an alien, to expedi-
tiously adjust the status of the alien from a temporary sta-
tus to that of an alien lawfully admitted for permanent res-
idence. 
∆(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 appropriate congressional committees a 
report on the study conducted under subsection (a), and 
shall include in that report recommendations for such 
changes in legislation and regulation as the Secretary deter-
mines to be appropriate. 
∆(2) DEFINITION.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means the following: 
∆(A) The Select Committee on Intelligence and 
the Committee on Armed Services of the Senate. 
∆(B) The Permanent Select Committee on Intel-
ligence and the Committee on Armed Services of the 
House of Representatives. 
∆Subtitle F—Additional Improve-
ments of Intelligence Activities 
∆SEC. 1061. PERMANENT EXTENSION OF CENTRAL INTEL-
LIGENCE AGENCY VOLUNTARY SEPARATION 
INCENTIVE PROGRAM. 
∆(a) EXTENSION OF PROGRAM.—Section 2 of the Cen-
tral Intelligence Agency Voluntary Separation Pay Act (50 
U.S.C. 403–4 note) is amended— 
∆(1) by striking subsection (f); and
∆(2) by redesignating subsections (g) and (h) as 
subsections (f) and (g), respectively. 
∆(b) TERMINATION OF FUNDS REMITTANCE REQUIRE-
MENT.—(1) Section 2 of such Act (50 U.S.C. 403–4 note) 
is further amended by striking subsection (i). 
∆(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 
Voluntary Separation Pay Act (Public Law 103–36; 107 
Stat. 104)’’. 
∆SEC. 1062. NATIONAL SECURITY AGENCY EMERGING TECH-
NOLOGIES PANEL. 
∆The National Security Agency Act of 1959 (50 U.S.C. 
402 note) is amended by adding at the end the following 
new section: 
∆‘‘SEC. 19. (a) There is established the National Secu-
rity Agency Emerging Technologies Panel. The panel is a 
standing panel of the National Security Agency. The panel 
shall be appointed by, and shall report directly to, the Di-
rector. 
∆‘‘(b) The National Security Agency Emerging Tech-
nologies Panel shall study and assess, and periodically ad-
vise the Director on, the research, development, and applica-
tion of existing and emerging science and technology ad-
vances, advances on encryption, and other topics.
∆‘‘(c) The Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply with respect to the National Security 
Agency Emerging Technologies Panel.’’. 
∆Subtitle G—Conforming and Other 
Amendments 
∆SEC. 1071. CONFORMING AMENDMENTS RELATING TO 
ROLES OF NATIONAL INTELLIGENCE DIREC-
TOR AND DIRECTOR OF THE CENTRAL INTEL-
LIGENCE AGENCY. 
∆(a) NATIONAL SECURITY ACT OF 1947.—(1) The Na-
tional 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 
‘‘National Intelligence Director’’: 
∆(A) Section 3(5)(B) (50 U.S.C. 401a(5)(B)). 
∆(B) 
Section 
101(h)(2)(A) 
(50 
U.S.C. 
402(h)(2)(A)). 
∆(C) Section 101(h)(5) (50 U.S.C. 402(h)(5)). 
∆(D) 
Section 
101(i)(2)(A) 
(50 
U.S.C. 
402(i)(2)(A)). 
∆(E) Section 101(j) (50 U.S.C. 402(j)). 
∆(F) Section 105(a) (50 U.S.C. 403–5(a)). 
∆(G) Section 105(b)(6)(A) (50 U.S.C. 403– 
5(b)(6)(A)).
∆(H) Section 105B(a)(1) (50 U.S.C. 403– 
5b(a)(1)). 
∆(I) Section 105B(b) (50 U.S.C. 403–5b(b)), the 
first place it appears. 
∆(J) Section 110(b) (50 U.S.C. 404e(b)). 
∆(K) Section 110(c) (50 U.S.C. 404e(c)). 
∆(L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)). 
∆(M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)). 
∆(N) 
Section 
113(b)(2)(A) 
(50 
U.S.C. 
404h(b)(2)(A)). 
∆(O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)). 
∆(P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)). 
∆(Q) Section 115(a)(1) (50 U.S.C. 404j(a)(1)). 
∆(R) Section 115(b) (50 U.S.C. 404j(b)). 
∆(S) 
Section 
115(c)(1)(B) 
(50 
U.S.C. 
404j(c)(1)(B)). 
∆(T) Section 116(a) (50 U.S.C. 404k(a)). 
∆(U) Section 117(a)(1) (50 U.S.C. 404l(a)(1)). 
∆(V) Section 303(a) (50 U.S.C. 405(a)), both 
places it appears. 
∆(W) Section 501(d) (50 U.S.C. 413(d)). 
∆(X) Section 502(a) (50 U.S.C. 413a(a)). 
∆(Y) Section 502(c) (50 U.S.C. 413a(c)). 
∆(Z) Section 503(b) (50 U.S.C. 413b(b)).
∆(AA) 
Section 
504(a)(3)(C) 
(50 
U.S.C. 
414(a)(3)(C)). 
∆(BB) Section 504(d)(2) (50 U.S.C. 414(d)(2)). 
∆(CC) Section 506A(a)(1) (50 U.S.C. 415a– 
1(a)(1)). 
∆(DD) Section 603(a) (50 U.S.C. 423(a)). 
∆(EE) Section 702(a)(1) (50 U.S.C. 432(a)(1)). 
∆(FF) Section 702(a)(6)(B)(viii) (50 U.S.C. 
432(a)(6)(B)(viii)). 
∆(GG) Section 702(b)(1) (50 U.S.C. 432(b)(1)), 
both places it appears. 
∆(HH) 
Section 
703(a)(1) 
(50 
U.S.C. 
432a(a)(1)). 
∆(II) Section 703(a)(6)(B)(viii) (50 U.S.C. 
432a(a)(6)(B)(viii)). 
∆(JJ) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), 
both places it appears. 
∆(KK) Section 704(a)(1) (50 U.S.C. 432b(a)(1)). 
∆(LL) 
Section 
704(f)(2)(H) 
(50 
U.S.C. 
432b(f)(2)(H)). 
∆(MM) 
Section 
704(g)(1)) 
(50 
U.S.C. 
432b(g)(1)), both places it appears. 
∆(NN) Section 1001(a) (50 U.S.C. 441g(a)). 
∆(OO) 
Section 
1102(a)(1) 
(50 
U.S.C. 
442a(a)(1)).
∆(PP) 
Section 
1102(b)(1) 
(50 
U.S.C. 
442a(b)(1)). 
∆(QQ) 
Section 
1102(c)(1) 
(50 
U.S.C. 
442a(c)(1)). 
∆(RR) Section 1102(d) (50 U.S.C. 442a(d)). 
∆(2) That Act is further amended by striking ‘‘of Cen-
tral Intelligence’’ each place it appears in the following pro-
visions: 
∆(A) Section 105(a)(2) (50 U.S.C. 403–5(a)(2)). 
∆(B) Section 105B(a)(2) (50 U.S.C. 403– 
5b(a)(2)). 
∆(C) Section 105B(b) (50 U.S.C. 403–5b(b)), the 
second place it appears. 
∆(3) That Act is further amended by striking ‘‘Direc-
tor’’ each place it appears in the following provisions and 
inserting ‘‘National Intelligence Director’’: 
∆(A) Section 114(c) (50 U.S.C. 404i(c)). 
∆(B) Section 116(b) (50 U.S.C. 404k(b)). 
∆(C) Section 1001(b) (50 U.S.C. 441g(b)). 
∆(D) Section 1001(c) (50 U.S.C. 441g(c)), the 
first place it appears. 
∆(E) 
Section 
1001(d)(1)(B) 
(50 
U.S.C. 
441g(d)(1)(B)). 
∆(F) Section 1001(e) (50 U.S.C. 441g(e)), the 
first place it appears.
∆(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 Central Intelligence Agency’’ 
∆(5) Section 504(a)(2) of that Act (50 U.S.C. 
414(a)(2)) is amended by striking ‘‘Director of Central In-
telligence’’ and inserting ‘‘Director of the Central Intel-
ligence Agency’’. 
∆(6) Section 701 of that Act (50 U.S.C. 431) is amend-
ed— 
∆(A) in subsection (a), by striking ‘‘Operational 
files of the Central Intelligence Agency may be ex-
empted by the Director of Central Intelligence’’ and 
inserting ‘‘The Director of the Central Intelligence 
Agency, with the coordination of the National Intel-
ligence Director, may exempt operational files of the 
Central Intelligence Agency’’; and 
∆(B) in subsection (g)(1), by striking ‘‘Director 
of Central Intelligence’’ and inserting ‘‘Director of the 
Central Intelligence Agency and the National Intel-
ligence Director’’. 
∆(7) The heading for section 114 of that Act (50 U.S.C. 
404i) is amended to read as follows:
∆‘‘ADDITIONAL ANNUAL REPORTS FROM THE NATIONAL 
INTELLIGENCE DIRECTOR’’. 
∆(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 
provisions and inserting ‘‘National Intelligence Director’’: 
∆(A) Section 6 (50 U.S.C. 403g). 
∆(B) Section 17(f) (50 U.S.C. 403q(f)), both 
places it appears. 
∆(2) That Act is further amended by striking ‘‘of Cen-
tral Intelligence’’ in each of the following provisions: 
∆(A) Section 2 (50 U.S.C. 403b). 
∆(B) 
Section 
16(c)(1)(B) 
(50 
U.S.C. 
403p(c)(1)(B)). 
∆(C) Section 17(d)(1) (50 U.S.C. 403q(d)(1)). 
∆(D) Section 20(c) (50 U.S.C. 403t(c)). 
∆(3) That Act is further amended by striking ‘‘Direc-
tor of Central Intelligence’’ each place it appears in the fol-
lowing provisions and inserting ‘‘Director of the Central 
Intelligence Agency’’: 
∆(A) Section 14(b) (50 U.S.C. 403n(b)). 
∆(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)). 
∆(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), 
both places it appears.
100 
∆(D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)). 
∆(E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)). 
∆(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT 
ACT.—Section 101 of the Central Intelligence Agency Re-
tirement Act (50 U.S.C. 2001) is amended by striking para-
graph (2) and inserting the following new paragraph (2): 
∆‘‘(2) DIRECTOR.—The term ‘Director’ means 
the Director of the Central Intelligence Agency.’’. 
∆(d) CIA VOLUNTARY SEPARATION PAY ACT.—Sub-
section (a)(1) of section 2 of the Central Intelligence Agency 
Voluntary Separation Pay Act (50 U.S.C. 2001 note) is 
amended to read as follows: 
∆‘‘(1) the term ‘Director’ means the Director of 
the Central Intelligence Agency;’’. 
∆(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 ‘‘Di-
rector of Central Intelligence’’ each place it appears and 
inserting ‘‘National Intelligence Director’’. 
∆(f) CLASSIFIED INFORMATION PROCEDURES ACT.— 
Section 9(a) of the Classified Information Procedures Act 
(5 U.S.C. App.) is amended by striking ‘‘Director of Central 
Intelligence’’ and inserting ‘‘National Intelligence Direc-
tor’’. 
∆(g) INTELLIGENCE AUTHORIZATION ACTS.—
101 
∆(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 Intel-
ligence’’ and inserting ‘‘National Intelligence Direc-
tor’’. 
∆(2) PUBLIC LAW 107–306.—(A) The Intelligence 
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 ‘‘National Intelligence Direc-
tor’’: 
∆(i) Section 313(a) (50 U.S.C. 404n(a)). 
∆(ii) Section 343(a)(1) (50 U.S.C. 404n– 
2(a)(1)) 
∆(B) That Act is further amended by striking 
‘‘Director of Central Intelligence’’ each place it ap-
pears in the following provisions and inserting ‘‘Na-
tional Intelligence Director’’: 
∆(i) 
Section 
902(a)(2) 
(50 
U.S.C. 
402b(a)(2)). 
∆(ii) 
Section 
904(e)(4) 
(50 
U.S.C. 
402c(e)(4)).
102 
∆(iii) 
Section 
904(e)(5) 
(50 
U.S.C. 
402c(e)(5)). 
∆(iv) Section 904(h) (50 U.S.C. 402c(h)), 
each place it appears. 
∆(v) Section 904(m) (50 U.S.C. 402c(m)). 
∆(C) Section 341 of that Act (50 U.S.C. 404n– 
1) is amended by striking ‘‘Director of Central Intel-
ligence, acting as the head of the intelligence commu-
nity, shall establish in the Central Intelligence Agen-
cy’’ and inserting ‘‘National Intelligence Director 
shall establish within the Central Intelligence Agen-
cy’’. 
∆(D) Section 352(b) of that Act (50 U.S.C. 404– 
3 note) is amended by striking ‘‘Director’’ and insert-
ing ‘‘National Intelligence Director’’. 
∆(3) PUBLIC LAW 108–177.—(A) The Intelligence 
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 Intelligence Direc-
tor’’: 
∆(i) Section 317(a) (50 U.S.C. 403–3 note). 
∆(ii) Section 317(h)(1). 
∆(iii) Section 318(a) (50 U.S.C. 441g note). 
∆(iv) Section 319(b) (50 U.S.C. 403 note).
103 
∆(v) Section 341(b) (28 U.S.C. 519 note). 
∆(vi) Section 357(a) (50 U.S.C. 403 note). 
∆(vii) Section 504(a) (117 Stat. 2634), both 
places it appears. 
∆(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 
Director’’. 
∆(C) Section 404 of that Act (18 U.S.C. 4124 
note) is amended by striking ‘‘Director of Central In-
telligence’’ and inserting ‘‘Director of the Central In-
telligence Agency’’. 
∆SEC. 1072. OTHER CONFORMING AMENDMENTS 
∆(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 
Director’’. 
∆(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’’. 
∆(3) Section 116(b) of that Act (50 U.S.C. 404k(b)) 
is amended by striking ‘‘to the Deputy Director of Central 
Intelligence, or with respect to employees of the Central In-
telligence Agency, the Director may delegate such authority
104 
to the Deputy Director for Operations’’ and inserting ‘‘to 
the Deputy National Intelligence Director, or with respect 
to employees of the Central Intelligence Agency, to the Di-
rector of the Central Intelligence Agency’’. 
∆(4) Section 506A(b)(1) of that Act (50 U.S.C. 415a– 
1(b)(1)) is amended by striking ‘‘Office of the Deputy Direc-
tor of Central Intelligence’’ and inserting ‘‘Office of the Na-
tional Intelligence Director’’. 
∆(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 inserting ‘‘Office of the Na-
tional Intelligence Director’’. 
∆(6) Section 1001(b) of that Act (50 U.S.C. 441g(b)) 
is amended by striking ‘‘Assistant Director of Central Intel-
ligence for Administration’’ and inserting ‘‘Office of the Na-
tional Intelligence Director’’. 
∆(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 Na-
tional Security Act of 1947 (50 U.S.C. 403–3(c)(7))’’ and 
inserting ‘‘section 102A(g) of the National Security Act of 
1947’’. 
∆(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT 
ACT.—Section 201(c) of the Central Intelligence Agency Re-
tirement Act (50 U.S.C. 2011(c)) is amended by striking
105 
‘‘paragraph (6) of section 103(c) of the National Security 
Act of 1947 (50 U.S.C. 403–3(c)) that the Director of Cen-
tral Intelligence’’ and inserting ‘‘section 102A(g) of the Na-
tional Security Act of 1947 (50 U.S.C. 403–3(c)(1)) that 
the National Intelligence Director’’. 
∆(d) INTELLIGENCE AUTHORIZATION ACTS.— 
∆(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 Na-
tional Security Act of 1947 (50 U.S.C. 403–3((c)(6))’’ 
and inserting ‘‘section 102A(g) of the National Secu-
rity Act of 1947 (50 U.S.C. 403–3(c)(1))’’. 
∆(B) Section 904 of that Act (50 U.S.C. 402c) 
is amended— 
∆(i) in subsection (c), by striking ‘‘Office of 
the Director of Central Intelligence’’ and insert-
ing ‘‘Office of the National Intelligence Direc-
tor’’; and 
∆(ii) in subsection (l), by striking ‘‘Office of 
the Director of Central Intelligence’’ and insert-
ing ‘‘Office of the National Intelligence Direc-
tor’’. 
∆(2) PUBLIC LAW 108–177.—Section 317 of the 
Intelligence Authorization Act for Fiscal Year 2004
106 
(Public Law 108–177; 50 U.S.C. 403–3 note) is 
amended— 
∆(A) in subsection (g), by striking ‘‘Assist-
ant Director of Central Intelligence for Analysis 
and Production’’ and inserting ‘‘Deputy Na-
tional Intelligence Director’’; and 
∆(B) in subsection (h)(2)(C), by striking 
‘‘Assistant Director’’ and inserting ‘‘Deputy Na-
tional Intelligence Director’’. 
∆SEC. 1073. ELEMENTS OF INTELLIGENCE COMMUNITY 
UNDER NATIONAL SECURITY ACT OF 1947. 
∆Paragraph (4) of section 3 of the National Security 
Act of 1947 (50 U.S.C. 401a) is amended to read as follows: 
∆‘‘(4) The term ‘intelligence community’ in-
cludes the following: 
∆‘‘(A) The Office of the National Intel-
ligence Director. 
∆‘‘(B) The Central Intelligence Agency. 
∆‘‘(C) The National Security Agency. 
∆‘‘(D) The Defense Intelligence Agency. 
∆‘‘(E) The National Geospatial-Intelligence 
Agency. 
∆‘‘(F) The National Reconnaissance Office. 
∆‘‘(G) Other offices within the Department 
of Defense for the collection of specialized na-
107 
tional intelligence through reconnaissance pro-
grams. 
∆‘‘(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. 
∆‘‘(I) The Bureau of Intelligence and Re-
search of the Department of State. 
∆‘‘(J) The Office of Intelligence and Anal-
ysis of the Department of the Treasury. 
∆‘‘(K) The elements of the Department of 
Homeland Security concerned with the analysis 
of intelligence information, including the Office 
of Intelligence of the Coast Guard. 
∆‘‘(L) Such other elements of any other de-
partment or agency as may be designated by the 
President, or designated jointly by the National 
Intelligence Director and the head of the depart-
ment or agency concerned, as an element of the 
intelligence community.’’.
108 
∆SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTEL-
LIGENCE PROGRAM AS NATIONAL INTEL-
LIGENCE PROGRAM. 
∆(a) REDESIGNATION.—Paragraph (6) of section 3 of 
the National Security Act of 1947 (50 U.S.C. 401a) is 
amended by striking ‘‘Foreign’’. 
∆(b) CONFORMING AMENDMENTS.—(1) Section 506(a) 
of the National Security Act of 1947 (50 U.S.C. 415a(a)) 
is amended by striking ‘‘National Foreign Intelligence Pro-
gram’’ and inserting ‘‘National Intelligence Program’’. 
∆(2) Section 17(f) of the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 403q(f)) is amended by striking 
‘‘National Foreign Intelligence Program’’ and inserting 
‘‘National Intelligence Program’’. 
∆(c) HEADING AMENDMENT.—The heading of section 
506 of that Act is amended by striking ‘‘FOREIGN’’. 
∆SEC. 1075. REPEAL OF SUPERSEDED AUTHORITIES. 
∆(a) APPOINTMENT OF CERTAIN INTELLIGENCE OFFI-
CIALS.—Section 106 of the National Security Act of 1947 
(50 U.S.C. 403–6) is repealed. 
∆(b) COLLECTION TASKING AUTHORITY.—Section 111 
of the National Security Act of 1947 (50 U.S.C. 404f) is 
repealed.
109 
∆SEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECU-
RITY ACT OF 1947. 
∆The table of contents for the National Security Act 
of 1947 is amended— 
∆(1) by striking the items relating to sections 
102 through 104 and inserting the following new 
items: 
∆‘‘Sec. 102. National Intelligence Director. 
∆‘‘Sec. 102A. Responsibilities and authorities of National Intelligence Director. 
∆‘‘Sec. 103. Office of the National Intelligence Director. 
∆‘‘Sec. 104. Central Intelligence Agency. 
∆‘‘Sec. 104A. Director of the Central Intelligence Agency.’’; and 
∆(2) by striking the item relating to section 114 
and inserting the following new item: 
∆‘‘Sec. 114. Additional annual reports from the National Intelligence Director.’’; 
∆and 
∆(3) by striking the item relating to section 506 
and inserting the following new item: 
∆‘‘Sec. 506. Specificity of National Intelligence Program budget amounts for 
counterterrorism, counterproliferation, counternarcotics, and 
counterintelligence’’. 
∆SEC. 1077. CONFORMING AMENDMENTS RELATING TO 
PROHIBITING DUAL SERVICE OF THE DIREC-
TOR OF THE CENTRAL INTELLIGENCE AGEN-
CY. 
∆Section 1 of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 403a) is amended— 
∆(1) by redesignating paragraphs (a), (b), and 
(c) as paragraphs (1), (2), and (3), respectively; and
110 
∆(2) by striking paragraph (2), as so redesig-
nated, and inserting the following new paragraph (2): 
∆‘‘(2) ‘Director’ means the Director of the Central In-
telligence Agency; and’’. 
∆SEC. 1078. ACCESS TO INSPECTOR GENERAL PROTEC-
TIONS. 
∆Section 17(a)(1) of the Central Intelligence 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 pro-
grams and operations of the Office of the National Intel-
ligence Director’’. 
∆SEC. 1079. GENERAL REFERENCES. 
∆(a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD 
OF INTELLIGENCE COMMUNITY.—Any reference to the Di-
rector of Central Intelligence or the Director of the Central 
Intelligence Agency in the Director’s capacity as the head 
of the intelligence community in any law, regulation, docu-
ment, paper, or other record of the United States shall be 
deemed to be a reference to the National Intelligence Direc-
tor. 
∆(b) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD 
OF CIA.—Any reference to the Director of Central Intel-
ligence or the Director of the Central Intelligence Agency 
in the Director’s capacity as the head of the Central Intel-
ligence Agency in any law, regulation, document, paper,
111 
or other record of the United States shall be deemed to be 
a reference to the Director of the Central Intelligence Agen-
cy. 
∆(c) COMMUNITY MANAGEMENT STAFF.—Any ref-
erence 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. 
∆SEC. 1080. APPLICATION OF OTHER LAWS. 
∆(a) POLITICAL SERVICE OF PERSONNEL.—Section 
7323(b)(2)(B)(i) of title 5, United States Code, is amend-
ed— 
∆(1) in subclause (XII), by striking ‘‘or’’ at the 
end; and 
∆(2) by inserting after subclause (XIII) the fol-
lowing new subclause: 
∆‘‘(XIV) the Office of the National Intel-
ligence Director; or’’. 
∆(b) DELETION OF INFORMATION ABOUT FOREIGN 
GIFTS.—Section 7342(f)(4) of title 5, United States Code, 
is amended— 
∆(1) by inserting ‘‘(A)’’ after ‘‘(4)’’; 
∆(2) in subparagraph (A), as so designated, by 
striking ‘‘the Director of Central Intelligence’’ and in-
112 
serting ‘‘the Director of the Central Intelligence Agen-
cy’’; and 
∆(3) by adding at the end the following new sub-
paragraph: 
∆‘‘(B) In transmitting such listings for the Office of 
the National Intelligence Director, the National Intelligence 
Director may delete the information described in subpara-
graphs (A) and (C) of paragraphs (2) and (3) if the Direc-
tor certifies in writing to the Secretary of State that the 
publication of such information could adversely affect 
United States intelligence sources.’’. 
∆(c) EXEMPTION FROM FINANCIAL DISCLOSURES.— 
Section 105(a)(1) of the Ethics in Government Act (5 
U.S.C. App.) is amended by inserting ‘‘the Office of the Na-
tional Intelligence Director,’’ before ‘‘the Central Intel-
ligence Agency’’. 
∆Subtitle 
H—Transfer, 
Termi-
nation, Transition and Other 
Provisions 
∆SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT 
STAFF. 
∆(a) TRANSFER.—There shall be transferred to the Of-
fice of the National Intelligence Director the staff of the 
Community Management Staff as of the date of the enact-
ment of this Act, including all functions and activities dis-
113 
charged by the Community Management Staff as of that 
date. 
∆(b) ADMINISTRATION.—The National Intelligence Di-
rector shall administer the Community Management Staff 
after the date of the enactment of this Act as a component 
of the Office of the National Intelligence Director under sec-
tion 103(b) of the National Security Act of 1947, as amend-
ed by section 1011(a). 
∆SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRA-
TION CENTER. 
∆(a) TRANSFER.—There shall be transferred to the Na-
tional counterterrorism Center the Terrorist Threat Inte-
gration Center (TTIC), including all functions and activi-
ties discharged by the Terrorist Threat Integration Center 
as of the date of the enactment of this Act. 
∆(b) ADMINISTRATION.—The Director of the National 
counterterrorism Center shall administer the Terrorist 
Threat Integration Center after the date of the enactment 
of this Act as a component of the Directorate of Intelligence 
of the National counterterrorism Center under section 
119(i) of the National Security Act of 1947, as added by 
section 1021(a).
114 
∆SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DI-
RECTORS OF CENTRAL INTELLIGENCE. 
∆(a) TERMINATION.—The positions within the Central 
Intelligence Agency referred to in subsection (b) are hereby 
abolished. 
∆(b) COVERED POSITIONS.—The positions within the 
Central Intelligence Agency referred to in this subsection 
are as follows: 
∆(1) The Assistant Director of Central Intel-
ligence for Collection. 
∆(2) The Assistant Director of Central Intel-
ligence for Analysis and Production. 
∆(3) The Assistant Director of Central Intel-
ligence for Administration. 
∆SEC. 1094. IMPLEMENTATION PLAN. 
∆(a) SUBMISSION
OF PLAN.—The President shall 
transmit to Congress a plan for the implementation of this 
title and the amendments made by this title. The plan shall 
address, at a minimum, the following: 
∆(1) The transfer of personnel, assets, and obli-
gations to the National Intelligence Director pursuant 
to this title. 
∆(2) Any consolidation, reorganization, or 
streamlining of activities transferred to the National 
Intelligence Director pursuant to this title.
115 
∆(3) The establishment of offices within the Of-
fice of the National Intelligence Director to implement 
the duties and responsibilities of the National Intel-
ligence Director as described in this title. 
∆(4) Specification of any proposed disposition of 
property, facilities, contracts, records, and other assets 
and obligations to be transferred to the National In-
telligence Director. 
∆(5) Recommendations for additional legislative 
or administrative action as the Director considers ap-
propriate. 
∆(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the permanent location for the headquarters for the Of-
fice of the National Intelligence Director, should be at a lo-
cation other than the George Bush Center for Intelligence 
in Langley, Virginia. 
∆SEC. 1095. TRANSITIONAL AUTHORITIES. 
∆Upon the request of the National Intelligence Direc-
tor, the head of any executive agency may, on a reimburs-
able basis, provide services or detail personnel to the Na-
tional Intelligence Director. 
∆SEC. 1096. EFFECTIVE DATES. 
∆(a) IN GENERAL.—Except as otherwise expressly pro-
vided in this Act, this title and the amendments made by
116 
this title shall take effect on the date of the enactment of 
this Act. 
∆(b) SPECIFIC EFFECTIVE DATES.—(1)(A) Not later 
than 60 days after the date of the enactment of this Act, 
the National Intelligence Director shall first appoint indi-
viduals to positions within the Office of the National Intel-
ligence Director. 
∆(B) Subparagraph (A) shall not apply with respect 
to the Deputy National Intelligence Director. 
∆(2) Not later than 180 days after the date of the en-
actment of this Act, the President shall transmit to Congress 
the implementation plan required under section 1904. 
∆(3) Not later than one year after the date of the enact-
ment of this Act, the National Intelligence Director shall 
prescribe regulations, policies, procedures, standards, and 
guidelines required under section 102A of the National Se-
curity Act of 1947, as amended by section 1011(a).
117 
∆TITLE II—TERRORISM PREVEN-
TION AND PROSECUTION 
∆Subtitle A—Individual Terrorists 
as Agents of Foreign Powers 
∆SECTION 2001. INDIVIDUAL TERRORISTS AS AGENTS OF 
FOREIGN POWERS. 
∆Section 101(b)(1) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by 
adding at the end the following new subparagraph: 
∆‘‘(C) engages in international terrorism or 
activities in preparation therefor; or’’. 
∆Subtitle B—Stop Terrorist and 
Military Hoaxes Act of 2004 
∆SEC. 2021. SHORT TITLE. 
∆This subtitle may be cited as the ‘‘Stop Terrorist and 
Military Hoaxes Act of 2004’’. 
∆SEC. 2022. HOAXES AND RECOVERY COSTS. 
∆(a) PROHIBITION ON HOAXES.—Chapter 47 of title 
18, United States Code, is amended by inserting after sec-
tion 1037 the following: 
∆‘‘§ 1038. False information and hoaxes 
∆‘‘(a) CRIMINAL VIOLATION.— 
∆‘‘(1) IN
GENERAL.—Whoever engages in any 
conduct with intent to convey false or misleading in-
formation under circumstances where such informa-
118 
tion may reasonably be believed and where such infor-
mation indicates that an activity has taken, is tak-
ing, or will take place that would constitute a viola-
tion 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 
involved, or section 60123(b) of title 49 shall— 
∆‘‘(A) be fined under this title or impris-
oned not more than 5 years, or both; 
∆‘‘(B) if serious bodily injury results, be 
fined under this title or imprisoned not more 
than 25 years, or both; and 
∆‘‘(C) if death results, be fined under this 
title or imprisoned for any number of years up 
to life, or both. 
∆‘‘(2) ARMED FORCES.—Whoever, without lawful 
authority, makes a false statement, with intent to 
convey false or misleading information, about the 
death, injury, capture, or disappearance of a member 
of the Armed Forces of the United States during a 
war or armed conflict in which the United States is 
engaged, shall—
119 
∆‘‘(A) be fined under this title or impris-
oned not more than 5 years, or both; 
∆‘‘(B) if serious bodily injury results, be 
fined under this title or imprisoned not more 
than 25 years, or both; and 
∆‘‘(C) if death results, be fined under this 
title or imprisoned for any number of years up 
to life, or both. 
∆‘‘(b) CIVIL ACTION.—Whoever knowingly engages in 
any conduct with intent to convey false or misleading infor-
mation under circumstances where such information may 
reasonably be believed and where such information indi-
cates that an activity has taken, is taking, or will take place 
that would constitute 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 expenses incident to any 
emergency or investigative response to that conduct, for 
those expenses. 
∆‘‘(c) REIMBURSEMENT.— 
∆‘‘(1) IN GENERAL.—The court, in imposing a 
sentence on a defendant who has been convicted of an
120 
offense under subsection (a), shall order the defendant 
to reimburse any state or local government, or private 
not-for-profit organization that provides fire or rescue 
service incurring expenses incident to any emergency 
or investigative response to that conduct, for those ex-
penses. 
∆‘‘(2) LIABILITY.—A person ordered to make re-
imbursement under this subsection shall be jointly 
and severally liable for such expenses with each other 
person, if any, who is ordered to make reimbursement 
under this subsection for the same expenses. 
∆‘‘(3) CIVIL JUDGMENT.—An order of reimburse-
ment under this subsection shall, for the purposes of 
enforcement, be treated as a civil judgment. 
∆‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This sec-
tion does not prohibit any lawfully authorized investigative, 
protective, or intelligence activity of a law enforcement 
agency of the United States, a State, or political subdivi-
sion of a State, or of an intelligence agency of the United 
States.’’. 
∆(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: 
∆‘‘1038. False information and hoaxes.’’.
121 
∆SEC. 2023. OBSTRUCTION OF JUSTICE AND FALSE STATE-
MENTS IN TERRORISM CASES. 
∆(a) ENHANCED PENALTY.—Section 1001(a) and the 
third undesignated paragraph of section 1505 of title 18, 
United States Code, are amended by striking ‘‘be fined 
under this title or imprisoned not more than 5 years, or 
both’’ and inserting ‘‘be fined under this title, imprisoned 
not more than 5 years or, if the matter relates to inter-
national or domestic terrorism (as defined in section 2331), 
imprisoned not more than 10 years, or both’’. 
∆(b) SENTENCING GUIDELINES.—Not later than 30 
days of the enactment of this section, the United States Sen-
tencing Commission shall amend the Sentencing Guidelines 
to provide for an increased offense level for an offense 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. 
∆SEC. 2024. CLARIFICATION OF DEFINITION. 
∆Section 1958 of title 18, United States Code, is 
amended— 
∆(1) in subsection (a), by striking ‘‘facility in’’ 
and inserting ‘‘facility of’’; and 
∆(2) in subsection (b)(2), by inserting ‘‘or for-
eign’’ after ‘‘interstate’’.
122 
∆Subtitle C—Material Support to 
Terrorism Prohibition Enhance-
ment Act of 2004 
∆SEC. 2041. SHORT TITLE. 
∆This subtitle may be cited as the ‘‘Material Support 
to Terrorism Prohibition Enhancement Act of 2004’’. 
∆SEC. 2042. RECEIVING MILITARY-TYPE TRAINING FROM A 
FOREIGN TERRORIST ORGANIZATION. 
∆Chapter 113B of title 18, United States Code, is 
amended by adding after section 2339C the following new 
section: 
∆‘‘§ 2339D. Receiving military-type training from a 
foreign terrorist organization 
∆‘‘(a) OFFENSE.—Whoever knowingly receives mili-
tary-type training from or on behalf of any organization 
designated at the time of the training by the Secretary of 
State under section 219(a)(1) of the Immigration and Na-
tionality Act as a foreign terrorist organization shall be 
fined under this title or imprisoned for ten years, or both. 
To violate this subsection, a person must have knowledge 
that the organization is a designated terrorist organization 
(as defined in subsection (c)(4)), that the organization has 
engaged or engages in terrorist activity (as defined in sec-
tion 212 of the Immigration and Nationality Act), or that 
the organization has engaged or engages in terrorism (as
123 
defined in section 140(d)(2) of the Foreign Relations Au-
thorization Act, Fiscal Years 1988 and 1989). 
∆‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial Federal jurisdiction over an offense under 
this section. There is jurisdiction over an offense under sub-
section (a) if— 
∆‘‘(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 de-
fined in section 101(a)(20) of the Immigration and 
Nationality Act); 
∆‘‘(2) an offender is a stateless person whose ha-
bitual residence is in the United States; 
∆‘‘(3) 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 of-
fense occurs outside the United States; 
∆‘‘(4) the offense occurs in whole or in part 
within the United States; 
∆‘‘(5) the offense occurs in or affects interstate or 
foreign commerce; 
∆‘‘(6) an offender aids or abets any person over 
whom jurisdiction exists under this paragraph in 
committing an offense under subsection (a) or con-
124 
spires with any person over whom jurisdiction exists 
under this paragraph to commit an offense under sub-
section (a). 
∆‘‘(c) DEFINITIONS.—As used in this section— 
∆‘‘(1) the term ‘military-type training’ includes 
training in means or methods that can cause death 
or serious bodily injury, destroy or damage property, 
or disrupt services to critical infrastructure, or train-
ing 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)); 
∆‘‘(2) the term ‘serious bodily injury’ has the 
meaning given that term in section 1365(h)(3); 
∆‘‘(3) the term ‘critical infrastructure’ means 
systems and assets vital to national defense, national 
security, economic security, public health or safety in-
cluding both regional and national infrastructure. 
Critical infrastructure may be publicly or privately 
owned; examples of critical infrastructure include gas 
and oil production, storage, or delivery systems, water 
supply systems, telecommunications networks, elec-
trical power generation or delivery systems, financing 
and banking systems, emergency services (including 
medical, police, fire, and rescue services), and trans-
125 
portation systems and services (including highways, 
mass transit, airlines, and airports); and 
∆‘‘(4) the term ‘foreign terrorist organization’ 
means an organization designated as a terrorist orga-
nization under section 219(a)(1) of the Immigration 
and Nationality Act.’’. 
∆SEC. 2043. PROVIDING MATERIAL SUPPORT TO TER-
RORISM. 
∆(a) ADDITIONS TO OFFENSE OF PROVIDING MATE-
RIAL SUPPORT TO TERRORISTS.—Section 2339A(a) of title 
18, United States Code, is amended— 
∆(1) by designating the first sentence as para-
graph (1); 
∆(2) by designating the second sentence as para-
graph (3); 
∆(3) by inserting after paragraph (1) as so des-
ignated by this subsection the following: 
∆‘‘(2) (A) Whoever in a circumstance described 
in subparagraph (B) provides material support or re-
sources or conceals or disguises the nature, location, 
source, or ownership of material support or resources, 
knowing or intending that they are to be used in 
preparation for, or in carrying out, an act of inter-
national or domestic terrorism (as defined in section 
2331), or in preparation for, or in carrying out, the
126 
concealment or escape from the commission of any 
such act, or attempts or conspires to do so, shall be 
punished as provided under paragraph (1) for an of-
fense under that paragraph. 
∆‘‘(B) The circumstances referred to in subpara-
graph (A) are any of the following: 
∆‘‘(i) The offense occurs in or affects inter-
state or foreign commerce. 
∆‘‘(ii) The act of terrorism is an act of 
international or domestic terrorism that violates 
the criminal law of the United States. 
∆‘‘(iii) The act of terrorism is an act of do-
mestic terrorism that appears to be intended to 
influence the policy, or affect the conduct, of the 
Government of the United States or a foreign 
government. 
∆‘‘(iv) An offender, acting within the 
United States or outside the territorial jurisdic-
tion of the United States, is a national of the 
United States (as defined in section 101(a)(22) 
of the Immigration and Nationality Act), an 
alien lawfully admitted for permanent residence 
in the United States (as defined in section 
101(a)(20) of the Immigration and Nationality 
Act), or a stateless person whose habitual resi-
127 
dence is in the United States, and the act of ter-
rorism is an act of international terrorism that 
appears to be intended to influence the policy, or 
affect the conduct, of the Government of the 
United States or a foreign government. 
∆‘‘(v) An offender, acting within 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, or affect the 
conduct, of the Government of the United States 
or a foreign government. 
∆‘‘(vi) An offender, acting outside the terri-
torial jurisdiction of 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 of, or affect the conduct of, 
the Government of the United States. 
∆‘‘(vii) An offender aids or abets any per-
son over whom jurisdiction exists under this 
paragraph in committing an offense under this 
paragraph or conspires with any person over 
whom jurisdiction exists under this paragraph to 
commit an offense under this paragraph.’’; and 
∆(4) by inserting ‘‘act or’’ after ‘‘underlying’’.
128 
∆(b) DEFINITIONS.—Section 2339A(b) of title 18, 
United States Code, is amended— 
∆(1) by striking ‘‘In this’’ and inserting ‘‘(1) In 
this’’; 
∆(2) by inserting ‘‘any property, tangible or in-
tangible, or service, including’’ after ‘‘means’’; 
∆(3) by inserting ‘‘(one or more individuals who 
may be or include oneself)’’ after ‘‘personnel’’; 
∆(4) by inserting ‘‘and’’ before ‘‘transportation’’; 
∆(5) by striking ‘‘and other physical assets’’; and 
∆(6) by adding at the end the following: 
∆‘‘(2) As used in this subsection, the term ‘training’ 
means instruction or teaching designed to impart a specific 
skill, as opposed to general knowledge, and the term ‘expert 
advice or assistance’ means advice or assistance derived 
from scientific, technical or other specialized knowledge.’’. 
∆(c) ADDITION TO OFFENSE OF PROVIDING MATERIAL 
SUPPORT
TO
TERRORIST
ORGANIZATIONS.—Section 
2339B(a)(1) of title 18, United States Code, is amended— 
∆(1) by striking ‘‘, within the United States or 
subject to the jurisdiction of the United States,’’ and 
inserting ‘‘in a circumstance described in paragraph 
(2)’’; and 
∆(2) by adding at the end the following: ‘‘To vio-
late this paragraph, a person must have knowledge
129 
that the organization is a designated terrorist organi-
zation (as defined in subsection (g)(6)), that the orga-
nization has engaged or engages in terrorist activity 
(as defined in section 212(a)(3)(B) of the Immigra-
tion and Nationality Act, or that the organization 
has engaged or engages in terrorism (as defined in 
section 140(d)(2) of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1988 and 1989.’’. 
∆(d) FEDERAL AUTHORITY.—Section 2339B(d) of title 
18 is amended— 
∆(1) by inserting ‘‘(1)’’ before ‘‘There’’; and 
∆(2) by adding at the end the following: 
∆‘‘(2) The circumstances referred to in paragraph (1) 
are any of the following: 
∆‘‘(A) An offender is a national of the United 
States (as defined in section 101(a)(22) of the Immi-
gration and Nationality 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. 
∆‘‘(B) An offender is a stateless person whose ha-
bitual residence is in the United States. 
∆‘‘(C) After the conduct required for the offense 
occurs an offender is brought into or found in the
130 
United States, even if the conduct required for the of-
fense occurs outside the United States. 
∆‘‘(D) The offense occurs in whole or in part 
within the United States. 
∆‘‘(E) The offense occurs in or affects interstate 
or foreign commerce. 
∆‘‘(F) An offender aids or abets any person over 
whom jurisdiction exists under this paragraph in 
committing an offense under subsection (a) or con-
spires with any person over whom jurisdiction exists 
under this paragraph to commit an offense under sub-
section (a).’’. 
∆(e) DEFINITION.—Paragraph (4) of section 2339B(g) 
of title 18, United States Code, is amended to read as fol-
lows: 
∆‘‘(4) the term ‘material support or resources’ 
has the same meaning given that term in section 
2339A;’’. 
∆(f) ADDITIONAL PROVISIONS.—Section 2339B of title 
18, United States Code, is amended by adding at the end 
the following: 
∆‘‘(h) PROVISION OF PERSONNEL.—No person 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 ter-
131 
rorist organization with one or more individuals (who may 
be or include himself) to work under that terrorist organiza-
tion’s direction or control or to organize, manage, supervise, 
or otherwise direct the operation of that organization. Indi-
viduals who act entirely independently of the foreign ter-
rorist organization to advance its goals or objectives shall 
not be considered to be working under the foreign terrorist 
organization’s direction and control. 
∆‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed or applied so as to abridge the exer-
cise of rights guaranteed under the First Amendment to the 
Constitution of the United States.’’. 
∆SEC. 2044. FINANCING OF TERRORISM. 
∆(a) FINANCING TERRORISM.—Section 2339c(c)(2) of 
title 18, United States Code, is amended— 
∆(1) by striking ‘‘, resources, or funds’’ and in-
serting ‘‘or resources, or any funds or proceeds of such 
funds’’; 
∆(2) in subparagraph (A), by striking ‘‘were 
provided’’ and inserting ‘‘are to be provided, or know-
ing that the support or resources were provided,’’; and 
∆(3) in subparagraph (B)— 
∆(A) by striking ‘‘or any proceeds of such 
funds’’; and
132 
∆(B) by striking ‘‘were provided or col-
lected’’ and inserting ‘‘are to be provided or col-
lected, or knowing that the funds were provided 
or collected,’’. 
∆(b) DEFINITIONS.—Section 2339c(e) of title 18, 
United States Code, is amended— 
∆(1) by striking ‘‘and’’ at the end of paragraph 
(12); 
∆(2) by redesignating paragraph (13) as para-
graph (14); and 
∆(3) by inserting after paragraph (12) the fol-
lowing: 
∆‘‘(13) the term ‘material support or resources’ 
has the same meaning given that term in section 
2339B(g)(4) of this title; and’’. 
∆Subtitle D—Weapons of Mass De-
struction Prohibition Improve-
ment Act of 2004 
∆SEC. 2051. SHORT TITLE. 
∆This subtitle may be cited as the ‘‘Weapons of Mass 
Destruction Prohibition Improvement Act of 2004’’. 
∆SEC. 2052. WEAPONS OF MASS DESTRUCTION. 
∆(a) EXPANSION
OF JURISDICTIONAL BASES
AND 
SCOPE.—Section 2332a of title 18, United States Code, is 
amended—
133 
∆(1) so that paragraph (2) of subsection (a) 
reads as follows: 
∆‘‘(2) against any person or property within the 
United States, and 
∆‘‘(A) the mail or any facility of interstate 
or foreign commerce is used in furtherance of the 
offense; 
∆‘‘(B) such property is used in interstate or 
foreign commerce or in an activity that affects 
interstate or foreign commerce; 
∆‘‘(C) any perpetrator travels in or causes 
another to travel in interstate or foreign com-
merce in furtherance of the offense; or 
∆‘‘(D) the offense, or the results of the of-
fense, affect interstate or foreign commerce, or, in 
the case of a threat, attempt, or conspiracy, 
would have affected interstate or foreign com-
merce;’’; 
∆(2) in paragraph (3) of subsection (a), by strik-
ing the comma at the end and inserting ‘‘; or’’; 
∆(3) in subsection (a), by adding the following 
at the end: 
∆‘‘(4) against any property within the United 
States that is owned, leased, or used by a foreign gov-
ernment,’’;
134 
∆(4) at the end of subsection (c)(1), by striking 
‘‘and’’; 
∆(5) in subsection (c)(2), by striking the period 
at the end and inserting ‘‘; and’’; and 
∆(6) in subsection (c), by adding at the end the 
following: 
∆‘‘(3) the term ‘property’ includes all real and 
personal property.’’. 
∆(b) RESTORATION OF THE COVERAGE OF CHEMICAL 
WEAPONS.—Section 2332a of title 18, United States Code, 
as amended by subsection (a), is further amended— 
∆(1) in the section heading, by striking ‘‘cer-
tain’’; 
∆(2) in subsection (a), by striking ‘‘(other than 
a chemical weapon as that term is defined in section 
229F)’’; and 
∆(3) in subsection (b), by striking ‘‘(other than 
a chemical weapon (as that term is defined in section 
229F))’’. 
∆(c) EXPANSION
OF CATEGORIES
OF RESTRICTED 
PERSONS SUBJECT TO PROHIBITIONS RELATING TO SE-
LECT AGENTS.—Section 175b(d)(2) of title 18, United 
States Code, is amended— 
∆(1) in subparagraph (G) by— 
∆(A) inserting ‘‘(i)’’ after ‘‘(G)’’;
135 
∆(B) inserting ‘‘, or (ii) acts for or on be-
half of, or operates subject to the direction or 
control of, a government or official of a country 
described in this subparagraph’’ after ‘‘ter-
rorism’’; and 
∆(C) striking ‘‘or’’ after the semicolon. 
∆(2) in subparagraph (H) by striking the period 
and inserting ‘‘; or’’; and 
∆(3) by adding at the end the following new sub-
paragraph: 
∆‘‘(I) is a member of, acts for or on behalf 
of, or operates subject to the direction or control 
of, a terrorist organization as defined in section 
212(a)(3)(B)(vi) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(B)(vi)).’’. 
∆(d) CONFORMING AMENDMENT TO REGULATIONS.— 
∆(1) Section 175b(a)(1) of title 18, United States 
Code, is amended by striking ‘‘as a select agent in 
Appendix A’’ and all that follows and inserting the 
following: ‘‘as a non-overlap or overlap select biologi-
cal 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 ex-
cluded under sections 73.4 and 73.5 or exempted
136 
under section 73.6 of title 42, Code of Federal Regula-
tions.’’. 
∆(2) The amendment made by paragraph (1) 
shall take effect at the same time that sections 73.4, 
73.5, and 73.6 of title 42, Code of Federal Regula-
tions, become effective. 
∆SEC. 2053. PARTICIPATION IN NUCLEAR AND WEAPONS OF 
MASS 
DESTRUCTION 
THREATS 
TO 
THE 
UNITED STATES. 
∆(a) Section 57(b) of the Atomic Energy Act of 1954 
(42 U.S.C. 2077(b)) is amended by striking ‘‘in the produc-
tion of any special nuclear material’’ and inserting ‘‘or 
participate in the development or production of any special 
nuclear material or atomic weapon’’. 
∆(b) Title 18, United States Code, is amended— 
∆(1) in the table of sections at the beginning of 
chapter 39, by inserting after the item relating to sec-
tion 831 the following: 
∆‘‘832. Participation in nuclear and weapons of mass destruction threats to the 
United States.’’; 
∆(2) by inserting after section 831 the following: 
∆‘‘§ 832. Participation in nuclear and weapons of 
mass destruction threats to the United 
States 
∆‘‘(a) Whoever, within the United States or subject to 
the jurisdiction of the United States, willfully participates
137 
in or provides material support or resources (as defined in 
section 2339A) to a nuclear weapons program or other 
weapons of mass destruction program of a foreign terrorist 
power, or attempts or conspires to do so, shall be imprisoned 
for not more than 20 years. 
∆‘‘(b) There is extraterritorial Federal jurisdiction 
over an offense under this section. 
∆‘‘(c) As used in this section— 
∆‘‘(1) ‘nuclear weapons program’ means a pro-
gram or plan for the development, acquisition, or pro-
duction of any nuclear weapon or weapons; 
∆‘‘(2) ‘weapons of mass destruction program’ 
means a program or plan for the development, acqui-
sition, or production of any weapon or weapons of 
mass destruction (as defined in section 2332a(c)); 
∆‘‘(3) ‘foreign terrorist power’ means a terrorist 
organization designated under section 219 of the Im-
migration and Nationality Act, or a state sponsor of 
terrorism designated under section 6(j) of the Export 
Administration Act of 1979 or section 620A of the 
Foreign Assistance Act of 1961; and 
∆‘‘(4) ‘nuclear weapon’ means any weapon that 
contains or uses nuclear material as defined in sec-
tion 831(f)(1).’’; and
138 
∆(3) in section 2332b(g)(5)(B)(i), by inserting 
after ‘‘nuclear materials),’’ the following: ‘‘832 (relat-
ing to participation in nuclear and weapons of mass 
destruction threats to the United States)’’. 
∆Subtitle E—Money Laundering 
and Terrorist Financing 
∆CHAPTER 1—FUNDING TO COMBAT FI-
NANCIAL 
CRIMES 
INCLUDING 
TER-
RORIST FINANCING 
∆SEC. 2101. ADDITIONAL AUTHORIZATION FOR FINCEN. 
∆Subsection (d) of section 310 of title 31, United 
States Code, is amended— 
∆(1) by striking ‘‘APPROPRIATIONS.—There are 
authorized’’ and inserting ‘‘APPROPRIATIONS.— 
∆‘‘(1) IN GENERAL.—There are authorized’’; and 
∆(2) by adding at the end the following new 
paragraph: 
∆‘‘(2) AUTHORIZATION FOR FUNDING KEY TECH-
NOLOGICAL
IMPROVEMENTS
IN
MISSION-CRITICAL 
FINCEN SYSTEMS.—There are authorized to be appro-
priated for fiscal year 2005 the following amounts, 
which are authorized to remain available until ex-
pended: 
∆‘‘(A) BSA DIRECT.—For technological im-
provements to provide authorized law enforce-
139 
ment and financial regulatory agencies with 
Web-based access to FinCEN data, to fully de-
velop and implement the highly secure 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 finan-
cial institutions about suspicious activities that 
warrant immediate and enhanced scrutiny, and 
to provide and upgrade advanced information- 
sharing technologies to materially improve the 
Government’s ability to exploit the information 
in the FinCEN databanks $16,500,000. 
∆‘‘(B) 
ADVANCED
ANALYTICAL
TECH-
NOLOGIES.—To provide advanced analytical 
tools needed to ensure that the data collected by 
FinCEN under chapter 53 and related provi-
sions of law are utilized fully and appropriately 
in safeguarding financial institutions and sup-
porting the war on terrorism, $5,000,000. 
∆‘‘(C) DATA
NETWORKING
MODERNIZA-
TION.—To improve the telecommunications in-
140 
frastructure to support the improved capabilities 
of the FinCEN systems, $3,000,000. 
∆‘‘(D) 
ENHANCED
COMPLIANCE
CAPA-
BILITY.—To improve the effectiveness of the Of-
fice of Compliance in FinCEN, $3,000,000. 
∆‘‘(E) DETECTION AND PREVENTION OF FI-
NANCIAL CRIMES AND TERRORISM.—To provide 
development of, and training in the use of, tech-
nology to detect and prevent financial crimes 
and terrorism within and without the United 
States, $8,000,000.’’. 
∆SEC. 2102. MONEY LAUNDERING AND FINANCIAL CRIMES 
STRATEGY REAUTHORIZATION. 
∆(a) PROGRAM.—Section 5341(a)(2) of title 31, 
United States Code, is amended by striking ‘‘and 2003,’’ 
and inserting ‘‘2003, and 2005,’’. 
∆(b) REAUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 5355 of title 31, United States Code, is amended by 
adding at the end the following: 
∆‘‘Fiscal year 2004 ..........................................................................
$15,000,000
∆Fiscal year 2005 ............................................................................
$15,000,000’’.
141 
∆CHAPTER 2—ENFORCEMENT TOOLS TO 
COMBAT FINANCIAL CRIMES INCLUD-
ING TERRORIST FINANCING 
∆Subchapter A—Money Laundering Abate-
ment and Financial Antiterrorism Tech-
nical Corrections 
∆SEC. 2111. SHORT TITLE. 
∆This subtitle may be cited as the ‘‘Money Laundering 
Abatement and Financial Antiterrorism Technical Correc-
tions Act of 2004’’. 
∆SEC. 2112. TECHNICAL CORRECTIONS TO PUBLIC LAW 107– 
56. 
∆(a) The heading of title III of Public Law 107–56 
is amended to read as follows: 
∆‘‘TITLE 
III—INTERNATIONAL 
MONEY LAUNDERING ABATE-
MENT 
AND 
FINANCIAL 
ANTITERRORISM 
ACT 
OF 
2001’’. 
∆(b) The table of contents of Public Law 107–56 is 
amended by striking the item relating to title III and in-
serting the following new item: 
∆‘‘TITLE III—INTERNATIONAL MONEY LAUNDERING ABATEMENT 
AND FINANCIAL ANTITERRORISM ACT OF 2001’’. 
∆(c) Section 302 of Public Law 107–56 is amended—
142 
∆(1) in subsection (a)(4), by striking the comma 
after ‘‘movement of criminal funds’’; 
∆(2) in subsection (b)(7), by inserting ‘‘or types 
of accounts’’ after ‘‘classes of international trans-
actions’’; and 
∆(3) in subsection (b)(10), by striking ‘‘sub-
chapters II and III’’ and inserting ‘‘subchapter II’’. 
∆(d) Section 303(a) of Public Law 107–56 is amended 
by striking ‘‘Anti-Terrorist Financing Act’’ and inserting 
‘‘Financial Antiterrorism Act’’. 
∆(e) The heading for section 311 of Public Law 107– 
56 is amended by striking ‘‘OR INTERNATIONAL TRANS-
ACTIONS’’ and inserting ‘‘INTERNATIONAL
TRANS-
ACTIONS, OR TYPES OF ACCOUNTS’’. 
∆(f) Section 314 of Public Law 107–56 is amended— 
∆(1) in paragraph (1)— 
∆(A) by inserting a comma after ‘‘organiza-
tions engaged in’’; and 
∆(B) by inserting a comma after ‘‘credible 
evidence of engaging in’’; 
∆(2) in paragraph (2)(A)— 
∆(A) by striking ‘‘and’’ after ‘‘nongovern-
mental organizations,’’; and 
∆(B) by inserting a comma after ‘‘unwit-
tingly involved in such finances’’;
143 
∆(3) in paragraph (3)(A)— 
∆(A) by striking ‘‘to monitor accounts of’’ 
and inserting ‘‘monitor accounts of,’’; and 
∆(B) by striking the comma after ‘‘organi-
zations identified’’; and 
∆(4) in paragraph (3)(B), by inserting ‘‘finan-
cial’’ after ‘‘size, and nature of the’’. 
∆(g) Section 321 of Public Law 107–56 is amended 
by striking ‘‘5312(2)’’ and inserting ‘‘5312(a)(2)’’. 
∆(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,’’. 
∆(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. 
∆(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’’. 
∆(k) Section 358(e) of Public Law 107–56 is amend-
ed— 
∆(1) by striking ‘‘Section 123(a)’’ and inserting 
‘‘That portion of section 123(a)’’;
144 
∆(2) by striking ‘‘is amended to read’’ and in-
serting ‘‘that precedes paragraph (1) of such section 
is amended to read’’; and 
∆(3) by striking ‘‘.’.’’ at the end of such section 
and inserting ‘‘—’ ’’. 
∆(l) Section 360 of Public Law 107–56 is amended— 
∆(1) in subsection (a), by inserting ‘‘the’’ after 
‘‘utilization of the funds of’’; and 
∆(2) in subsection (b), by striking ‘‘at such insti-
tutions’’ and inserting ‘‘at such institution’’. 
∆(m) Section 362(a)(1) of Public Law 107–56 is 
amended by striking ‘‘subchapter II or III’’ and inserting 
‘‘subchapter II’’. 
∆(n) Section 365 of Public Law 107—56 is amended 
— 
∆(1) by redesignating the 2nd of the 2 sub-
sections designated as subsection (c) (relating to a 
clerical amendment) as subsection (d); and 
∆(2) by redesignating subsection (f) as subsection 
(e). 
∆(o) Section 365(d) of Public Law 107–56 (as so redes-
ignated by subsection (n) of this section) is amended by 
striking ‘‘section 5332 (as added by section 112 of this 
title)’’ and inserting ‘‘section 5330’’.
145 
∆SEC. 2113. TECHNICAL CORRECTIONS TO OTHER PROVI-
SIONS OF LAW. 
∆(a) Section 310(c) of title 31, United States Code, 
is amended by striking ‘‘the Network’’ each place such term 
appears and inserting ‘‘FinCEN’’. 
∆(b) Section 5312(a)(3)(C) of title 31, United States 
Code, is amended by striking ‘‘sections 5333 and 5316’’ and 
inserting ‘‘sections 5316 and 5331’’. 
∆(c) Section 5318(i) of title 31, United States Code, 
is amended— 
∆(1) in paragraph (3)(B), by inserting a comma 
after ‘‘foreign political figure’’ the 2nd place such 
term appears; and 
∆(2) in the heading of paragraph (4), by strik-
ing ‘‘DEFINITION’’ and inserting ‘‘DEFINITIONS’’. 
∆(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)’’. 
∆(e) The heading for section 5318A of title 31, United 
States Code, is amended to read as follows: 
∆‘‘§ 5318A Special measures for jurisdictions, finan-
cial 
institutions, 
international 
trans-
actions, or types of accounts of primary 
money laundering concern’’. 
∆(f) Section 5318A of title 31, United States Code, is 
amended—
146 
∆(1) in subsection (a)(4)(A), by striking ‘‘, as 
defined in section 3 of the Federal Deposit Insurance 
Act,’’ and inserting ‘‘ (as defined in section 3 of the 
Federal Deposit Insurance Act)’’; 
∆(2) in subsection (a)(4)(B)(iii), by striking ‘‘or 
class of transactions’’ and inserting ‘‘class of trans-
actions, or type of account’’; 
∆(3) in subsection (b)(1)(A), by striking ‘‘or 
class of transactions to be’’ and inserting ‘‘class of 
transactions, or type of account to be’’; and 
∆(4) in subsection (e)(3), by inserting ‘‘or sub-
section (i) or (j) of section 5318’’ after ‘‘identification 
of individuals under this section’’. 
∆(g) Section 5324(b) of title 31, United States Code, 
is amended by striking ‘‘5333’’ each place such term ap-
pears and inserting ‘‘5331’’. 
∆(h) Section 5332 of title 31, United States Code, is 
amended— 
∆(1) in subsection (b)(2), by striking ‘‘, subject 
to subsection (d) of this section’’; and 
∆(2) in subsection (c)(1), by striking ‘‘, subject 
to subsection (d) of this section,’’. 
∆(i) The table of sections for subchapter II of chapter 
53 of title 31, United States Code, is amended by striking
147 
the item relating to section 5318A and inserting the fol-
lowing new item: 
∆‘‘5318A. Special measures for jurisdictions, financial institutions, international 
transactions, or types of accounts of primary money laundering 
concern.’’. 
∆(j) Section 18(w)(3) of the Federal Deposit Insurance 
Act (12 U.S.C. 1828(w)(3)) is amended by inserting a 
comma after ‘‘agent of such institution’’. 
∆(k) Section 21(a)(2) of the Federal Deposit Insurance 
Act (12 U.S.C. 1829b(a)(2)) is amended by striking ‘‘recog-
nizes that’’ and inserting ‘‘recognizing that’’. 
∆(l) Section 626(e) of the Fair Credit Reporting Act 
(15 U.S.C. 1681v(e)) is amended by striking ‘‘governmental 
agency’’ and inserting ‘‘government agency’’. 
∆SEC. 2114. REPEAL OF REVIEW. 
∆Title III of Public Law 107–56 is amended by strik-
ing section 303 (31 U.S.C. 5311 note). 
∆SEC. 2115. EFFECTIVE DATE. 
∆The amendments made by this subtitle to Public Law 
107–56, the United States Code, the Federal Deposit Insur-
ance Act, and any other provision of law shall take effect 
as if such amendments had been included in Public Law 
107–56, as of the date of the enactment of such Public Law, 
and no amendment made by such Public Law that is incon-
sistent with an amendment made by this subtitle shall be 
deemed to have taken effect.
165 
priate records in the consolidated and integrated 
terrorist watchlist maintained by the Federal 
Government before— 
∆‘‘(i) being certificated by the Federal 
Aviation Administration; 
∆‘‘(ii) being issued a credential for ac-
cess to the secure area of an airport; or 
∆‘‘(iii) being issued a credential for 
access to the air operations area (as defined 
in section 1540.5 of title 49, Code of Federal 
Regulations, or any successor regulation to 
such section) of an airport. 
∆‘‘(E) APPEAL PROCEDURES.—The Assist-
ant Secretary shall establish a timely and fair 
process for individuals identified as a threat 
under subparagraph (D) to appeal the deter-
mination and correct any erroneous information. 
∆‘‘(F) DEFINITION.—In this paragraph, 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 sec-
tion 1540.5 of title 49, Code of Federal Regula-
tions, or any successor regulation to such sec-
tion).’’. 
∆(b) GAO REPORT.—
184 
in the intelligence community and by the National 
counterterrorism Center, so as to permit automated 
data exchange among all of these entities. Imme-
diately upon assuming office, the National Intel-
ligence Director shall begin the plans necessary to es-
tablish such interim system. 
∆‘‘(2) CHIMERA SYSTEM.—Not later than Sep-
tember 11, 2007, the National Intelligence Director 
shall establish a fully functional interoperable law en-
forcement and intelligence electronic data system 
within the National counterterrorism Center to pro-
vide immediate access to information in databases of 
Federal law enforcement agencies and the intelligence 
community that is necessary to identify terrorists, 
and organizations and individuals that support ter-
rorism. The system established under this paragraph 
shall referred to as the ‘Chimera system’. ’’; 
∆(ii) in paragraph (3)— 
∆(I) by striking ‘‘President’’ and 
inserting ‘‘National Intelligence Direc-
tor’’; and 
∆(II) by striking ‘‘the data sys-
tem’’ and inserting ‘‘the interim sys-
tem described in paragraph (1) and