540 
the Congress on Department of Homeland Security plans 
for accelerating the development of national voluntary con-
sensus standards for public safety interoperable commu-
nications, a schedule of milestones for such development, 
and achievements of such development. 
∆(c) RAPID INTEROPERABLE COMMUNICATIONS CAPA-
BILITIES FOR HIGH RISK JURISDICTIONS.—The Secretary, 
in consultation with other relevant Federal, State, and local 
government agencies, shall provide technical, training, and 
other assistance as appropriate to support the rapid estab-
lishment of consistent, secure, and effective interoperable 
communications capabilities for emergency response pro-
viders in jurisdictions determined by the Secretary to be 
at consistently high levels of risk of terrorist attack. 
∆(d) DEFINITIONS.—In this section: 
∆(1) INTEROPERABLE
COMMUNICATIONS.—The 
term ‘‘interoperable communications’’ means the abil-
ity of emergency response providers and relevant Fed-
eral, State, and local government agencies to commu-
nicate with each other as necessary, through a dedi-
cated public safety network utilizing information 
technology systems and radio communications sys-
tems, and to exchange voice, data, or video with one 
another on demand, in real time, as necessary.
541 
∆(2) EMERGENCY RESPONSE PROVIDERS.—The 
term ‘‘emergency response providers’’ has the meaning 
that term has under section 2 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 101) 
∆(e) CLARIFICATION OF RESPONSIBILITY FOR INTER-
OPERABLE COMMUNICATIONS.— 
∆(1) UNDER SECRETARY FOR EMERGENCY PRE-
PAREDNESS AND RESPONSE.—Section 502(7) of the 
Homeland Security Act of 2002 (6 U.S.C. 312(7)) is 
amended— 
∆(A) by striking ‘‘developing comprehensive 
programs for developing interoperative commu-
nications technology, and’’; and 
∆(B) by striking ‘‘such’’ and inserting 
‘‘interoperable communications’’. 
∆(2) OFFICE FOR DOMESTIC PREPAREDNESS.— 
Section 430(c) of such Act (6 U.S.C. 238(c)) is 
amended— 
∆(A) in paragraph (7) by striking ‘‘and’’ 
after the semicolon; 
∆(B) in paragraph (8) by striking the pe-
riod and inserting ‘‘; and’’; and 
∆(C) by adding at the end the following: 
∆‘‘(9) helping to ensure the acquisition of inter-
operable communication technology by State and
542 
local governments and emergency response pro-
viders.’’. 
∆SEC. 5132. SENSE OF CONGRESS REGARDING THE INCI-
DENT COMMAND SYSTEM. 
∆(a) FINDINGS.—The Congress finds that— 
∆(1) in Homeland Security Presidential Direc-
tive–5, the President directed the Secretary of Home-
land Security to develop an incident command system 
to be known as the National Incident Management 
System (NIMS), and directed all Federal agencies to 
make the adoption of NIMS a condition for the re-
ceipt of Federal emergency preparedness assistance by 
States, territories, tribes, and local governments be-
ginning in fiscal year 2005; 
∆(2) in March 2004, the Secretary of Homeland 
Security established NIMS, which provides a unified 
structural framework for Federal, State, territorial, 
tribal, and local governments to ensure coordination 
of command, operations, planning, logistics, finance, 
and administration during emergencies involving 
multiple jurisdictions or agencies; and 
∆(3) the National Commission on Terrorist At-
tacks Upon the United States strongly supports the 
adoption of NIMS by emergency response agencies na-
tionwide, and the decision by the President to condi-
543 
tion Federal emergency preparedness assistance upon 
the adoption of NIMS. 
∆(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that all levels of government should adopt NIMS, and 
that the regular use of and training in NIMS by States, 
territories, tribes, and local governments should be a condi-
tion for receiving Federal preparedness assistance. 
∆SEC. 5133. SENSE OF CONGRESS REGARDING UNITED 
STATES NORTHERN COMMAND PLANS AND 
STRATEGIES. 
∆It is the sense of Congress that the Secretary of De-
fense should regularly assess the adequacy of United States 
Northern Command’s plans and strategies with a view to 
ensuring that the United States Northern Command is pre-
pared to respond effectively to all military and para-
military threats within the United States. 
∆SEC. 5134. INFORMATION SHARING. 
∆(a) DEFINITIONS.—In this section: 
∆(1) ADVISORY
BOARD.—The term ‘‘Advisory 
Board’’ means the Advisory Board on Information 
Sharing established under subsection (i). 
∆(2) EXECUTIVE COUNCIL.—The term ‘‘Execu-
tive Council’’ means the Executive Council on Infor-
mation Sharing established under subsection (h).
544 
∆(3) HOMELAND SECURITY INFORMATION.—The 
term ‘‘homeland security information’’ means all in-
formation, whether collected, produced, or distributed 
by intelligence, law enforcement, military, homeland 
security, or other activities relating to— 
∆(A) the existence, organization, capabili-
ties, plans, intentions, vulnerabilities, means of 
finance or material support, or activities of for-
eign or international terrorist groups or individ-
uals, or of domestic groups or individuals in-
volved in transnational terrorism; 
∆(B) threats posed by such groups or indi-
viduals to the United States, United States per-
sons, or United States interests, or to those of 
other nations; 
∆(C) communications of or by such groups 
or individuals; or 
∆(D) groups or individuals reasonably be-
lieved to be assisting or associated with such 
groups or individuals. 
∆(4) NETWORK.—The term ‘‘Network’’ means the 
Information Sharing Network described under sub-
section (c).
545 
∆(b) FINDINGS.—Consistent with the report of the Na-
tional Commission on Terrorist Attacks upon the United 
States, Congress makes the following findings: 
∆(1) The effective use of information, from all 
available sources, is essential to the fight against ter-
ror and the protection of our homeland. The biggest 
impediment to all-source analysis, and to a greater 
likelihood of ‘‘connecting the dots’’, is resistance to 
sharing information. 
∆(2) The United States Government has access 
to a vast amount of information, including not only 
traditional intelligence but also other government 
databases, such as those containing customs or immi-
gration information. However, the United States Gov-
ernment has a weak system for processing and using 
the information it has. 
∆(3) In the period preceding September 11, 
2001, there were instances of potentially helpful infor-
mation that was available but that no person knew 
to ask for; information that was distributed only in 
compartmented channels, and information that was 
requested but could not be shared. 
∆(4) Current security requirements nurture over- 
classification and excessive compartmentalization of 
information among agencies. Each agency’s incentive
546 
structure opposes sharing, with risks, including 
criminal, civil, and administrative sanctions, but few 
rewards for sharing information. 
∆(5) The current system, in which each intel-
ligence agency has its own security practices, requires 
a demonstrated ‘‘need to know’’ before sharing. This 
approach assumes that it is possible to know, in ad-
vance, who will need to use the information. An out-
growth of the cold war, such a system implicitly as-
sumes that the risk of inadvertent disclosure out-
weighs the benefits of wider sharing. Such assump-
tions are no longer appropriate. Although counter-
intelligence concerns are still real, the costs of not 
sharing information are also substantial. The current 
‘‘need-to-know’’ culture of information protection 
needs to be replaced with a ‘‘need-to-share’’ culture of 
integration. 
∆(6) A new approach to the sharing of intel-
ligence and homeland security information is ur-
gently needed. An important conceptual model for a 
new ‘‘trusted information network’’ is the Systemwide 
Homeland 
Analysis 
and 
Resource 
Exchange 
(SHARE) Network proposed by a task force of lead-
ing professionals assembled by the Markle Foundation
547 
and described in reports issued in October 2002 and 
December 2003. 
∆(7) No single agency can create a meaningful 
information sharing system on its own. Alone, each 
agency can only modernize stovepipes, not replace 
them. Presidential leadership is required to bring 
about governmentwide change. 
∆(c) INFORMATION SHARING NETWORK.— 
∆(1) ESTABLISHMENT.—The President shall es-
tablish a trusted information network and secure in-
formation sharing environment to promote sharing of 
intelligence and homeland security information in a 
manner consistent with national security and the 
protection of privacy and civil liberties, and based on 
clearly defined and consistently applied policies and 
procedures, and valid investigative, analytical or 
operational requirements. 
∆(2) ATTRIBUTES.—The Network shall promote 
coordination, communication and collaboration of 
people and information among all relevant Federal 
departments and agencies, State, tribal, and local au-
thorities, and relevant private sector entities, includ-
ing owners and operators of critical infrastructure, by 
using policy guidelines and technologies that sup-
port—
548 
∆(A) a decentralized, distributed, and co-
ordinated environment that connects existing 
systems where appropriate and allows users to 
share information among agencies, between levels 
of government, and, as appropriate, with the 
private sector; 
∆(B) the sharing of information in a form 
and manner that facilitates its use in analysis, 
investigations and operations; 
∆(C) building upon existing systems capa-
bilities currently in use across the Government; 
∆(D) utilizing industry best practices, in-
cluding minimizing the centralization of data 
and seeking to use common tools and capabilities 
whenever possible; 
∆(E) employing an information access 
management approach that controls access to 
data rather than to just networks; 
∆(F) facilitating the sharing of information 
at and across all levels of security by using pol-
icy guidelines and technologies that support 
writing information that can be broadly shared; 
∆(G) providing directory services for locat-
ing people and information;
549 
∆(H) incorporating protections for individ-
uals’ privacy and civil liberties; 
∆(I) incorporating strong mechanisms for 
information security and privacy and civil lib-
erties guideline enforcement in order to enhance 
accountability and facilitate oversight, includ-
ing— 
∆(i) multifactor authentication and 
access control; 
∆(ii) strong encryption and data pro-
tection; 
∆(iii) immutable audit capabilities; 
∆(iv) automated policy enforcement; 
∆(v) perpetual, automated screening 
for abuses of network and intrusions; and 
∆(vi) uniform classification and han-
dling procedures; 
∆(J) compliance with requirements of ap-
plicable law and guidance with regard to the 
planning, design, acquisition, operation, and 
management of information systems; and 
∆(K) permitting continuous system up-
grades to benefit from advances in technology 
while preserving the integrity of stored data.
550 
∆(d) IMMEDIATE ACTIONS.—Not later than 90 days 
after the date of the enactment of this Act, the Director of 
the Office of Management and Budget, in consultation with 
the Executive Council, shall— 
∆(1) submit to the President and to Congress a 
description of the technological, legal, and policy 
issues presented by the creation of the Network de-
scribed in subsection (c), and the way in which these 
issues will be addressed; 
∆(2) establish electronic directory services to as-
sist in locating in the Federal Government intel-
ligence and homeland security information and peo-
ple with relevant knowledge about intelligence and 
homeland security information; and 
∆(3) conduct a review of relevant current Fed-
eral agency capabilities, including— 
∆(A) a baseline inventory of current Fed-
eral systems that contain intelligence or home-
land security information; 
∆(B) the money currently spent to main-
tain those systems; and 
∆(C) identification of other information 
that should be included in the Network.
551 
∆(e) GUIDELINES AND REQUIREMENTS.—As soon as 
possible, but in no event later than 180 days after the date 
of the enactment of this Act, the President shall— 
∆(1) in consultation with the Executive Council, 
issue guidelines— 
∆(A) for acquiring, accessing, sharing, and 
using information, including guidelines to en-
sure that information is provided in its most 
shareable form, such as by separating out data 
from the sources and methods by which that data 
are obtained; and 
∆(B) on classification policy and handling 
procedures across Federal agencies, including 
commonly accepted processing and access con-
trols; 
∆(2) issue guidelines that— 
∆(A) protect privacy and civil liberties in 
the development and use of the Network; and 
∆(B) shall be made public, unless, and only 
to the extent that, nondisclosure is clearly nec-
essary to protect national security; and 
∆(3) require the heads of Federal departments 
and agencies to promote a culture of information 
sharing by—
552 
∆(A) reducing disincentives to information 
sharing, including overclassification of informa-
tion and unnecessary requirements for originator 
approval; and 
∆(B) providing affirmative incentives for 
information sharing, such as the incorporation 
of information sharing performance measures 
into agency and managerial evaluations, and 
employee awards for promoting innovative infor-
mation sharing practices. 
∆(f) ENTERPRISE ARCHITECTURE AND IMPLEMENTA-
TION PLAN.—Not later than 270 days after the date of the 
enactment of this Act, the Director of Management and 
Budget shall submit to the President and to Congress an 
enterprise architecture and implementation plan for the 
Network. The enterprise architecture and implementation 
plan shall be prepared by the Director of Management and 
Budget, in consultation with the Executive Council, and 
shall include— 
∆(1) a description of the parameters of the pro-
posed Network, including functions, capabilities, and 
resources; 
∆(2) a delineation of the roles of the Federal de-
partments and agencies that will participate in the 
development of the Network, including identification
553 
of any agency that will build the infrastructure need-
ed to operate and manage the Network (as distinct 
from the individual agency components that are to be 
part of the Network), with the delineation of roles to 
be consistent with— 
∆(A) the authority of the National Intel-
ligence Director under this Act to set standards 
for information sharing and information tech-
nology throughout the intelligence community; 
and 
∆(B) the authority of the Secretary of 
Homeland Security and the role of the Depart-
ment of Homeland Security in coordinating with 
State, tribal, and local officials and the private 
sector; 
∆(3) a description of the technological require-
ments to appropriately link and enhance existing net-
works and a description of the system design that will 
meet these requirements; 
∆(4) an enterprise architecture that— 
∆(A) is consistent with applicable laws and 
guidance with regard to planning, design, acqui-
sition, operation, and management of informa-
tion systems;
554 
∆(B) will be used to guide and define the 
development and implementation of the Network; 
and 
∆(C) addresses the existing and planned en-
terprise architectures of the departments and 
agencies participating in the Network; 
∆(5) a description of how privacy and civil lib-
erties will be protected throughout the design and im-
plementation of the Network; 
∆(6) objective, systemwide performance measures 
to enable the assessment of progress toward achieving 
full implementation of the Network; 
∆(7) a plan, including a time line, for the devel-
opment and phased implementation of the Network; 
∆(8) total budget requirements to develop and 
implement the Network, including the estimated an-
nual cost for each of the 5 years following the date of 
the enactment of this Act; and 
∆(9) proposals for any legislation that the Direc-
tor of Management and Budget determines necessary 
to implement the Network. 
∆(g) DIRECTOR OF MANAGEMENT AND BUDGET RE-
SPONSIBLE FOR INFORMATION SHARING ACROSS THE FED-
ERAL GOVERNMENT.—
555 
∆(1) ADDITIONAL
DUTIES
AND
RESPONSIBIL-
ITIES.— 
∆(A) IN GENERAL.—The Director of Man-
agement and Budget, in consultation with the 
Executive Council, shall— 
∆(i) implement and manage the Net-
work; 
∆(ii) develop and implement policies, 
procedures, guidelines, rules, and standards 
as appropriate to foster the development 
and proper operation of the Network; and 
∆(iii) assist, monitor, and assess the 
implementation of the Network by Federal 
departments and agencies to ensure ade-
quate progress, technological consistency 
and policy compliance; and regularly report 
the findings to the President and to Con-
gress. 
∆(B) CONTENT OF POLICIES, PROCEDURES, 
GUIDELINES, 
RULES, 
AND
STANDARDS.—The 
policies, procedures, guidelines, rules, and stand-
ards under subparagraph (A)(ii) shall— 
∆(i) take into account the varying mis-
sions and security requirements of agencies 
participating in the Network;
556 
∆(ii) address development, implemen-
tation, and oversight of technical standards 
and requirements; 
∆(iii) address and facilitate informa-
tion sharing between and among depart-
ments and agencies of the intelligence com-
munity, the Department of Defense, the 
Homeland Security community and the law 
enforcement community; 
∆(iv) address and facilitate informa-
tion sharing between Federal departments 
and agencies and State, tribal and local 
governments; 
∆(v) address and facilitate, as appro-
priate, information sharing between Federal 
departments and agencies and the private 
sector; 
∆(vi) address and facilitate, as appro-
priate, information sharing between Federal 
departments and agencies with foreign part-
ners and allies; and 
∆(vii) ensure the protection of privacy 
and civil liberties. 
∆(2) APPOINTMENT
OF
PRINCIPAL
OFFICER.— 
Not later than 30 days after the date of the enactment
557 
of this Act, the Director of Management and Budget 
shall appoint, with approval of the President, a prin-
cipal officer in the Office of Management and Budget 
whose primary responsibility shall be to carry out the 
day-to-day duties of the Director specified in this sec-
tion. The officer shall report directly to the Director 
of Management and Budget, have the rank of a Dep-
uty Director and shall be paid at the rate of pay pay-
able for a position at level III of the Executive Sched-
ule under section 5314 of title 5, United States Code. 
∆(h) EXECUTIVE COUNCIL ON INFORMATION SHAR-
ING.— 
∆(1) ESTABLISHMENT.—There is established an 
Executive Council on Information Sharing that shall 
assist the Director of Management and Budget in the 
execution of the Director’s duties under this Act con-
cerning information sharing. 
∆(2) MEMBERSHIP.—The members of the Execu-
tive Council shall be— 
∆(A) the Director of Management and 
Budget, who shall serve as Chairman of the Ex-
ecutive Council; 
∆(B) the Secretary of Homeland Security 
or his designee;
558 
∆(C) the Secretary of Defense or his des-
ignee; 
∆(D) the Attorney General or his designee; 
∆(E) the Secretary of State or his designee; 
∆(F) the Director of the Federal Bureau of 
Investigation or his designee; 
∆(G) the National Intelligence Director or 
his designee; 
∆(H) such other Federal officials as the 
President shall designate; 
∆(I) representatives of State, tribal, and 
local governments, to be appointed by the Presi-
dent; and 
∆(J) individuals who are employed in pri-
vate businesses or nonprofit organizations that 
own or operate critical infrastructure, to be ap-
pointed by the President. 
∆(3) RESPONSIBILITIES.—The Executive Council 
shall assist the Director of Management and Budget 
in— 
∆(A) implementing and managing the Net-
work; 
∆(B) developing policies, procedures, guide-
lines, rules, and standards necessary to establish 
and implement the Network;
559 
∆(C) ensuring there is coordination among 
departments and agencies participating in the 
Network in the development and implementation 
of the Network; 
∆(D) reviewing, on an ongoing basis, poli-
cies, procedures, guidelines, rules, and standards 
related to the implementation of the Network; 
∆(E) establishing a dispute resolution proc-
ess to resolve disagreements among departments 
and agencies about whether particular informa-
tion should be shared and in what manner; and 
∆(F) considering such reports as are sub-
mitted by the Advisory Board on Information 
Sharing under subsection (i)(2). 
∆(4) INAPPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Council shall not be subject to 
the requirements of the Federal Advisory Committee 
Act (5 U.S.C. App.). 
∆(5) REPORTS.—Not later than 1 year after the 
date of the enactment of this Act, and annually there-
after, the Director of Management and Budget, in the 
capacity of Chair of the Executive Council, shall sub-
mit a report to the President and to Congress that 
shall include—
560 
∆(A) a description of the activities and ac-
complishments of the Council in the preceding 
year; and 
∆(B) the number and dates of the meetings 
held by the Council and a list of attendees at 
each meeting. 
∆(6) INFORMING
THE
PUBLIC.—The Executive 
Council shall— 
∆(A) make its reports to Congress available 
to the public to the greatest extent that is con-
sistent with the protection of classified informa-
tion and applicable law; and 
∆(B) otherwise inform the public of its ac-
tivities, as appropriate and in a manner con-
sistent with the protection of classified informa-
tion and applicable law. 
∆(i) ADVISORY BOARD ON INFORMATION SHARING.— 
∆(1) ESTABLISHMENT.—There is established an 
Advisory Board on Information Sharing to advise the 
President and the Executive Council on policy, tech-
nical, and management issues related to the design 
and operation of the Network. 
∆(2) RESPONSIBILITIES.—The Advisory Board 
shall advise the Executive Council on policy, tech-
nical, and management issues related to the design
561 
and operation of the Network. At the request of the 
Executive Council, or the Director of Management 
and Budget in the capacity as Chair of the Executive 
Council, or on its own initiative, the Advisory Board 
shall submit reports to the Executive Council con-
cerning the findings and recommendations of the Ad-
visory Board regarding the design and operation of 
the Network. 
∆(3) MEMBERSHIP AND QUALIFICATIONS.—The 
Advisory Board shall be composed of no more than 15 
members, to be appointed by the President from out-
side the Federal Government. The members of the Ad-
visory Board shall have significant experience or ex-
pertise in policy, technical and operational matters, 
including issues of security, privacy, or civil liberties, 
and shall be selected solely on the basis of their profes-
sional qualifications, achievements, public stature and 
relevant experience. 
∆(4) CHAIR.—The President shall designate one 
of the members of the Advisory Board to act as chair 
of the Advisory Board. 
∆(5) ADMINISTRATIVE SUPPORT.—The Office of 
Management and Budget shall provide administrative 
support for the Advisory Board. 
∆(j) REPORTS.—
562 
∆(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, and semiannu-
ally thereafter, the President through the Director of 
Management and Budget shall submit a report to 
Congress on the state of the Network and of informa-
tion sharing across the Federal Government. 
∆(2) CONTENT.—Each report under this sub-
section shall include— 
∆(A) a progress report on the extent to 
which the Network has been implemented, in-
cluding how the Network has fared on the gov-
ernment-wide and agency-specific performance 
measures and whether the performance goals set 
in the preceding year have been met; 
∆(B) 
objective 
systemwide 
performance 
goals for the following year; 
∆(C) an accounting of how much was spent 
on the Network in the preceding year; 
∆(D) actions taken to ensure that agencies 
procure new technology that is consistent with 
the Network and information on whether new 
systems and technology are consistent with the 
Network; 
∆(E) the extent to which, in appropriate 
circumstances, all terrorism watch lists are
563 
available for combined searching in real time 
through the Network and whether there are con-
sistent standards for placing individuals on, and 
removing individuals from, the watch lists, in-
cluding the availability of processes for cor-
recting errors; 
∆(F) the extent to which unnecessary road-
blocks, impediments, or disincentives to informa-
tion sharing, including the inappropriate use of 
paper-only intelligence products and require-
ments for originator approval, have been elimi-
nated; 
∆(G) the extent to which positive incentives 
for information sharing have been implemented; 
∆(H) the extent to which classified informa-
tion is also made available through the Network, 
in whole or in part, in unclassified form; 
∆(I) the extent to which State, tribal, and 
local officials— 
∆(i) are participating in the Network; 
∆(ii) have systems which have become 
integrated into the Network; 
∆(iii) are providing as well as receiv-
ing information; and
564 
∆(iv) are using the Network to commu-
nicate with each other; 
∆(J) the extent to which— 
∆(i) private sector data, including in-
formation from owners and operators of 
critical infrastructure, is incorporated in 
the Network; and 
∆(ii) the private sector is both pro-
viding and receiving information; 
∆(K) where private sector data has been 
used by the Government or has been incorporated 
into the Network— 
∆(i) the measures taken to protect sen-
sitive business information; and 
∆(ii) where the data involves informa-
tion about individuals, the measures taken 
to ensure the accuracy of such data; 
∆(L) the measures taken by the Federal 
Government to ensure the accuracy of other in-
formation on the Network and, in particular, the 
accuracy of information about individuals; 
∆(M) an assessment of the Network’s pri-
vacy and civil liberties protections, including ac-
tions taken in the preceding year to implement 
or enforce privacy and civil liberties protections
565 
and a report of complaints received about inter-
ference with an individual’s privacy or civil lib-
erties; and 
∆(N) an assessment of the security protec-
tions of the Network. 
∆(k) AGENCY RESPONSIBILITIES.—The head of each 
department or agency possessing or using intelligence or 
homeland security information or otherwise participating 
in the Network shall— 
∆(1) ensure full department or agency compli-
ance with information sharing policies, procedures, 
guidelines, rules, and standards established for the 
Network under subsections (c) and (g); 
∆(2) ensure the provision of adequate resources 
for systems and activities supporting operation of and 
participation in the Network; and 
∆(3) ensure full agency or department coopera-
tion in the development of the Network and associated 
enterprise architecture to implement governmentwide 
information sharing, and in the management and ac-
quisition of information technology consistent with 
applicable law. 
∆(l) AGENCY PLANS AND REPORTS.—Each Federal de-
partment or agency that possesses or uses intelligence and 
homeland security information, operates a system in the
566 
Network or otherwise participates, or expects to participate, 
in the Network, shall submit to the Director of Management 
and Budget— 
∆(1) not later than 1 year after the date of the 
enactment of this Act, a report including— 
∆(A) a strategic plan for implementation of 
the Network’s requirements within the depart-
ment or agency; 
∆(B) objective performance measures to as-
sess the progress and adequacy of the department 
or agency’s information sharing efforts; and 
∆(C) budgetary requirements to integrate 
the agency into the Network, including projected 
annual expenditures for each of the following 5 
years following the submission of the report; and 
∆(2) annually thereafter, reports including— 
∆(A) an assessment of the progress of the 
department or agency in complying with the 
Network’s requirements, including how well the 
agency has performed on the objective measures 
developed under paragraph (1)(B); 
∆(B) the agency’s expenditures to imple-
ment and comply with the Network’s require-
ments in the preceding year; and
567 
∆(C) the agency’s or department’s plans for 
further implementation of the Network in the 
year following the submission of the report. 
∆(m) PERIODIC ASSESSMENTS.— 
∆(1) COMPTROLLER GENERAL.— 
∆(A) IN GENERAL.—Not later than 1 year 
after the date of the enactment of this Act, and 
periodically thereafter, the Comptroller General 
shall evaluate the implementation of the Net-
work, both generally and, at the discretion of the 
Comptroller General, within specific departments 
and agencies, to determine the extent of compli-
ance with the Network’s requirements and to as-
sess the effectiveness of the Network in improving 
information sharing and collaboration and in 
protecting privacy and civil liberties, and shall 
report to Congress on the findings of the Comp-
troller General. 
∆(B) INFORMATION
AVAILABLE
TO
THE 
COMPTROLLER GENERAL.—Upon request by the 
Comptroller General, information relevant to an 
evaluation under subsection (a) shall be made 
available to the Comptroller General under sec-
tion 716 of title 31, United States Code.
568 
∆(C) CONSULTATION WITH CONGRESSIONAL 
COMMITTEES.—If a record is not made available 
to the Comptroller General within a reasonable 
time, before the Comptroller General files a re-
port under section 716(b)(1) of title 31, United 
States Code, the Comptroller General shall con-
sult with the Select Committee on Intelligence of 
the Senate, the Permanent Select Committee on 
Intelligence of the House of Representatives, the 
Committee on Governmental Affairs of the Sen-
ate, and the Committee on Government Reform 
of the House of Representatives concerning the 
Comptroller’s intent to file a report. 
∆(2) INSPECTORS
GENERAL.—The Inspector 
General in any Federal department or agency that 
possesses or uses intelligence or homeland security in-
formation or that otherwise participates in the Net-
work shall, at the discretion of the Inspector Gen-
eral— 
∆(A) conduct audits or investigations to— 
∆(i) determine the compliance of that 
department or agency with the Network’s 
requirements; and 
∆(ii) assess the effectiveness of that de-
partment or agency in improving informa-
569 
tion sharing and collaboration and in pro-
tecting privacy and civil liberties; and 
∆(B) issue reports on such audits and in-
vestigations. 
∆(n) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated— 
∆(1) $50,000,000 to the Director of Management 
and Budget to carry out this section for fiscal year 
2005; and 
∆(2) such sums as are necessary to carry out this 
section in each fiscal year thereafter, to be disbursed 
and allocated in accordance with the Network imple-
mentation plan required by subsection (f).« 
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: 
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 
community. 
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
570 
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 
intelligence 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. 
Sec. 1063. Service and national laboratories and the intelligence community. 
Sec. 1064. Improvement in translation and delivery of suspected terrorist commu-
nications. 
Subtitle G—Conforming and Other Amendments 
Sec. 1071. Conforming amendments relating to roles of National Intelligence 
Director 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
571 
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. 
Subtitle I—Grand Jury Information Sharing 
Sec. 1101. Grand jury information sharing. 
Subtitle J—Other Matters 
Sec. 1111. Interoperable law enforcement and intelligence data system. 
Sec. 1112. Improvement of intelligence capabilities of the Federal Bureau of 
Investigation. 
Subtitle I—Other Matters 
Sec. 1101. Study of promotion and professional military education school selec-
tion rates for military intelligence officers. 
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.
572 
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 
Investigation. 
TITLE III—BORDER SECURITY AND TERRORIST TRAVEL 
Subtitle A—Immigration Reform in the National Interest
573 
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 Fed-
eral 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 
driver’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.
574 
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 De-
partment 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.
575 
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.
576 
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 organiza-
tions. 
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 plan-
ning for information security needs. 
Subtitle E—Personnel Management Improvements
577 
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—MANAGEMENT AUTHORITY 
Sec. 5061. Management authority. 
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 im-
pacts 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
578 
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. 
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 strik-
ing sections 102 through 104 and inserting the following 
new sections: 
‘‘NATIONAL INTELLIGENCE DIRECTOR 
‘‘SEC. 102. (a) NATIONAL INTELLIGENCE DIREC-
TOR.—(1) There is a National Intelligence Director who 
shall be appointed by the President, by and with the advice 
and consent of the Senate. 
‘‘(2) The National Intelligence Director shall not be 
located within the Executive Office of the President. 
‘‘(b) PRINCIPAL RESPONSIBILITY.—Subject to the 
authority, direction, and control of the President, the Na-
tional Intelligence Director shall—
579 
‘‘(1) serve as head of the intelligence commu-
nity; 
‘‘(2) act as the principal adviser to the Presi-
dent, to the National Security Council, and the 
Homeland Security Council for intelligence matters 
related to the national security; and 
‘‘(3) through the heads of the departments con-
taining elements of the intelligence community, and 
the Central Intelligence Agency, manage and oversee 
the execution of the National Intelligence Program 
and direct the National Intelligence Program. 
‘‘(c) PROHIBITION ON DUAL SERVICE.—The indi-
vidual serving in the position of National Intelligence Di-
rector shall not, while so serving, also serve as the Director 
of the Central Intelligence Agency or as the head of any 
other element of the intelligence community. 
‘‘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;
580 
‘‘(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 there-
of; 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 intel-
ligence related to the national security which is collected 
by any Federal department, agency, or other entity, except 
as otherwise provided by law or, as appropriate, under 
guidelines agreed upon by the Attorney General and the 
National Intelligence Director. 
‘‘(c) BUDGET AUTHORITIES.—(1)(A) The National 
Intelligence Director shall develop and present to the 
President on an annual basis a budget for intelligence and 
intelligence-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
581 
National Intelligence Program, the National Intelligence 
Director shall provide guidance to the heads of depart-
ments containing elements of the intelligence community, 
and to the heads of the elements of the intelligence com-
munity, 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 
Program and for Tactical Intelligence and Related Activi-
ties. 
‘‘(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 intel-
ligence 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.
582 
‘‘(B) Notwithstanding any other provision of law, in 
receiving funds pursuant to relevant appropriations Acts 
for the National Intelligence Program, the Office of Man-
agement and Budget shall apportion funds appropriated 
for the National Intelligence Program to the National In-
telligence Director for allocation to the elements of the in-
telligence community through the host executive depart-
ments that manage programs and activities that are part 
of the National Intelligence Program. 
‘‘(C) The National Intelligence Director shall monitor 
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 Congres-
sional 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 re-
garding implementation of this section.
583 
‘‘(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 ap-
propriations Acts), or the direction of the National Intel-
ligence Director, in carrying out the National Intelligence 
Program. 
‘‘(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 proce-
dures 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 pur-
poses, the National Intelligence Director, with the ap-
proval of the Director of the Office of Management and 
Budget—
584 
‘‘(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 intelligence community to another such element 
for periods 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 
subject 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 Cen-
tral Intelligence Agency;
585 
‘‘(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
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 
remain 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 ap-
plicable to reprogramming notifications for the appro-
priate congressional committees. Any proposed transfer 
for which notice is given to the appropriate congressional
586 
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 con-
gressional intelligence committees shall be promptly noti-
fied of any transfer of funds made pursuant to this sub-
section in any case in which the transfer would not have 
otherwise required reprogramming notification under pro-
cedures 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 Commit-
tees on the Judiciary of the Senate and the House 
of Representatives, 
a report on any transfer of personnel made pursuant to 
this subsection.
587 
‘‘(B) The Director shall include in any such report 
an explanation of the nature of the transfer and how it 
satisfies 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 
appropriate, the guidelines referred to in subsection 
(b) and analytic products generated by or within the 
intelligence 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 col-
lection assets of the elements of the intelligence 
community; and
588 
‘‘(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 
National Intelligence Director; or 
‘‘(iii) to the direct dissemination of information 
to State government and local government officials 
and private sector entities pursuant to sections 201 
and 892 of the Homeland Security Act of 2002 (6 
U.S.C. 121, 482). 
‘‘(2) The 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;
589 
‘‘(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 
consult with the heads of the departments containing the 
elements 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 man-
age the programs and activities that are part of the Na-
tional Intelligence Program. 
‘‘(5) The National Intelligence Director shall ensure 
the elimination of waste and unnecessary duplication with-
in the intelligence community.
590 
‘‘(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 General 
with respect to applications under the Foreign Intelligence 
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.
591 
‘‘(2) The President shall ensure that the National In-
telligence Director has all necessary support and authori-
ties to fully and effectively implement paragraph (1). 
‘‘(3) Except as otherwise directed by the President 
or with the specific written agreement of the head of the 
department or agency in question, a Federal agency or 
official shall not be considered to have met any obligation 
to provide any information, report, assessment, or other 
material (including unevaluated intelligence information) 
to that department or agency solely by virtue of having 
provided that information, report, assessment, or other 
material to the National Intelligence Director or the Na-
tional 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 
believes impedes the ability of the Director to fully and 
effectively implement paragraph (1). 
‘‘(h) ANALYSIS.—(1) The National Intelligence Di-
rector shall ensure that all elements of the intelligence 
community strive for the most accurate analysis of intel-
ligence derived from all sources to support national secu-
rity needs.
592 
‘‘(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 sub-
section 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 in-
telligence, the National Intelligence Director shall estab-
lish and implement guidelines for the intelligence commu-
nity 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.
593 
‘‘(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 
Deputy 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 employees of contractors of those agencies or de-
partments; 
‘‘(2) ensure the consistent implementation of 
those standards and procedures throughout such 
agencies and departments; 
‘‘(3) ensure that security clearances granted by 
individual elements of the intelligence community 
are recognized by all elements of the intelligence 
community, and under contracts entered into by 
those agencies; and
594 
‘‘(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 
applicable 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 
Director shall oversee the coordination of the relationships 
between elements of the intelligence community and the 
intelligence or security services of foreign governments on 
all matters involving intelligence related to the national 
security or involving intelligence acquired through clandes-
tine means. 
‘‘(l) ENHANCED PERSONNEL MANAGEMENT.—(1)(A) 
The National Intelligence Director shall, under regulations 
prescribed by the Director, provide incentives for per-
sonnel 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;
595 
‘‘(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 include 
financial incentives, bonuses, and such other awards and 
incentives as the Director considers appropriate. 
‘‘(2)(A) Notwithstanding any other provision of law, 
the personnel of an element of the intelligence community 
who are assigned or detailed under paragraph (1)(A) to 
service under the 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, 
methods, users, and capabilities. 
‘‘(B) The mechanisms prescribed under subpara-
graph (A) may include the following:
596 
‘‘(i) The establishment of special occupational 
categories involving service, over the course of a ca-
reer, in more than one element of the intelligence 
community. 
‘‘(ii) The provision of rewards for service in po-
sitions 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 
practical, seek to duplicate for civilian personnel within 
the intelligence community the joint officer management 
policies established by chapter 38 of title 10, United 
States Code, and the other amendments made by title IV 
of the Goldwater-Nichols Department of Defense Reorga-
nization 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).
597 
‘‘(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 
purposes of the joint officer management policies pre-
scribed by chapter 38 of title 10, United States Code, and 
other provisions of that title. 
‘‘(m) ADDITIONAL AUTHORITY WITH RESPECT TO 
PERSONNEL.—(1) In addition to the authorities under 
subsection (f)(3), the National Intelligence Director may 
exercise with respect to the personnel of the Office of the 
National Intelligence Director any authority of the Direc-
tor of the Central Intelligence Agency with respect to the 
personnel of the Central Intelligence Agency under the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a 
et seq.), and other applicable provisions of law, as of the 
date of the enactment of this subsection to the same ex-
tent, and subject to the same conditions and limitations, 
that the Director of the Central Intelligence Agency may 
exercise such authority with respect to personnel of the 
Central Intelligence Agency. 
‘‘(2) Employees and applicants for employment of the 
Office of the 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
598 
Agency 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 acqui-
sition authorities referred to in the Central Intelligence 
Agency 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 Na-
tional Intelligence Director or the Deputy National Intel-
ligence 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 
purchases and contracts or with respect to classes of pur-
chases 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 
National Intelligence Director any authority to make a de-
termination or decision as the head of the agency under 
an authority referred to in paragraph (1).
599 
‘‘(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 Na-
tional Intelligence Director of an authority referred to in 
paragraph (1). 
‘‘(D) Each determination or decision required by an 
authority referred to in the second sentence of section 3(d) 
of the Central Intelligence Agency Act of 1949 shall be 
based upon written findings made by the official making 
such determination or decision, which findings shall be 
final and shall be available within the Office of the Na-
tional Intelligence 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 
duties and responsibilities under this section, the National 
Intelligence Director shall take into account the views of 
a head of a department containing an element of the intel-
ligence community and of the Director of the Central In-
telligence 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 
President.
600 
‘‘(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 Presi-
dent 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 exer-
cised 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 Na-
tional Intelligence Director and the personnel, resources, 
or activities 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.
601 
‘‘(D) The Deputy National Intelligence Director 
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 Associate National Intelligence Direc-
tor for Science and Technology. 
‘‘ø(H)¿ (I) The National Intelligence Council. 
‘‘ø(I)¿ (J) The General Counsel to the National 
Intelligence Director. 
‘‘ø(J)¿ (K) Such other offices and officials as 
may be established by law or the National Intel-
ligence Director 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 
matters relating to such duties and responsibilities and 
may establish permanent positions and appropriate rates 
of pay with respect to such staff.
602 
‘‘(c)
DEPUTY
NATIONAL
INTELLIGENCE
DIREC-
TOR.—(1) There is a Deputy National Intelligence Direc-
tor 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 Intel-
ligence Director during the absence or disability of the Na-
tional Intelligence Director or during a vacancy in the po-
sition 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 intel-
ligence tasking, requirements, collection, and anal-
ysis;
603 
‘‘(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 DIREC-
TOR FOR MILITARY SUPPORT.—(1) There is an Associate 
National Intelligence Director for Military Support who 
shall be appointed by the National Intelligence Director, 
in consultation with the Secretary of Defense. 
‘‘(2) The Associate National Intelligence Director for 
Military Support shall—
604 
‘‘(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 DIREC-
TOR FOR DOMESTIC SECURITY.—(1) There is an Asso-
ciate National Intelligence Director for Domestic Security 
who shall be appointed by the National Intelligence Direc-
tor in consultation with the Attorney General and the Sec-
retary 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 Home-
land Security, and other relevant executive depart-
ments 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 
Director may not make such officer responsible for 
disseminating any domestic or homeland security in-
formation to State government or local government 
officials or any private sector entity.
605 
‘‘(h) ASSOCIATE NATIONAL INTELLIGENCE DIREC-
TOR FOR DIPLOMATIC AFFAIRS.—(1) There is an Asso-
ciate National Intelligence Director for Diplomatic Affairs 
who shall be appointed by the National Intelligence Direc-
tor 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) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR 
FOR SCIENCE AND TECHNOLOGY.—(1) There is an Asso-
ciate National Intelligence Director for Science and Tech-
nology who shall be appointed by the National Intelligence 
Director. 
‘‘(2) The Associate National Intelligence Director for 
Science and Technology shall— 
‘‘(A) advise the National Intelligence Director re-
garding research and development efforts and prior-
ities in support of the intelligence mission, to ensure 
that the science and technology needs of the National 
Intelligence Program will be met;
606 
‘‘(B) develop in consultation with appropriate 
agencies and the Associate National Intelligence Di-
rectors for Military Support, Domestic Security, and 
Diplomatic Affairs a strategic plan to support United 
States leadership in science and technology to facili-
tate intelligence missions; and 
‘‘(C) perform such other duties and exercise such 
powers as the National Intelligence Director may pre-
scribe. 
‘‘ø(i)¿ (j) MILITARY STATUS
OF DIRECTOR
AND 
DEPUTY DIRECTORS.—(1) Not more than one of the indi-
viduals 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
607 
‘‘(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 offi-
cer’s status as a commissioned officer, any super-
vision or control with respect to any of the military 
or civilian personnel of the Department of Defense 
except as otherwise authorized by law; and 
‘‘(C) shall not be counted against the numbers 
and percentages of commissioned officers of the rank 
and grade of such officer authorized for the military 
department of that officer. 
‘‘(5) Except as provided in subparagraph (A) or (B) 
of paragraph (4), the appointment of an officer of the 
Armed Forces to a position specified in paragraph (2) 
shall not affect the status, position, rank, or grade of such 
officer in the Armed Forces, or any emolument, perquisite, 
right, privilege, or benefit incident to or arising out of such 
status, position, rank, or grade.
608 
‘‘(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 pre-
scribed for such position. Funds from which such pay and 
allowances are paid shall be reimbursed from funds avail-
able to the National Intelligence Director. 
‘‘ø(j)¿ (k) NATIONAL INTELLIGENCE COUNCIL.—(1) 
Within the Office of the Deputy National Intelligence Direc-
tor for Operations, there is a National Intelligence Council. 
‘‘(2)(A) The National Intelligence Council shall be 
composed of senior analysts within the intelligence com-
munity and substantive experts from the public and pri-
vate 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 meth-
ods while avoiding, wherever possible, unduly intrusive re-
quirements which the Director considers to be unnecessary 
for this purpose. 
‘‘(3) The National Intelligence Council shall—
609 
‘‘(A) produce national intelligence estimates for 
the United States Government, which shall include 
as a part of such estimates in their entirety, alter-
native views, if any, held by elements of the intel-
ligence community; 
‘‘(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 
Director for Operations, the members of the National In-
telligence Council shall constitute the senior intelligence 
advisers 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
610 
substantive experts necessary to assist the Council with 
particular assessments under this subsection. 
‘‘(6) The Deputy National Intelligence Director for 
Operations shall make available to the National Intel-
ligence Council such personnel as may be necessary to per-
mit the Council to carry out its responsibilities under this 
section. 
‘‘(7) The heads of the elements of the intelligence 
community shall, as appropriate, furnish such support to 
the National Intelligence Council, including the prepara-
tion of intelligence analyses, as may be required by the 
National Intelligence Director. 
‘‘ø(k)¿ (l) GENERAL COUNSEL TO THE NATIONAL 
INTELLIGENCE DIRECTOR.—(1) There is a General Coun-
sel to the National Intelligence Director. 
‘‘(2) The individual serving in the position of General 
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 Intel-
ligence Director is the chief legal officer for the National 
Intelligence Director. 
‘‘(4) The General Counsel to the National Intel-
ligence Director shall perform such functions as the Na-
tional Intelligence Director may prescribe.
611 
‘‘ø(l)¿ (m) INTELLIGENCE COMMUNITY INFORMA-
TION TECHNOLOGY OFFICER.—(1) There is an Intel-
ligence Community Information Technology Officer who 
shall be appointed by the National Intelligence Director. 
‘‘(2) The mission of the Intelligence Community In-
formation Technology Officer is to assist the National In-
telligence Director in ensuring the sharing of information 
in the fullest and most prompt manner between and 
among elements of the intelligence community consistent 
with section 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-
612 
nology items funded in the National Intelligence 
Program; 
‘‘(D) ensure that all such elements have the 
most direct and continuous electronic access to all 
information (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 
National 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 infor-
613 
mation technology and national security systems 
that apply throughout the elements of the intel-
ligence community; 
‘‘(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 
coordinates and complies with national security re-
quirements consistent with applicable law, Executive 
orders, 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 
Resources or specified by law. 
‘‘(n) COUNTERINTELLIGENCE OFFICER TO THE NA-
TIONAL INTELLIGENCE DIRECTOR.—(1) There is a counter-
intelligence Officer to the National Intelligence Director 
who shall be appointed by the National Intelligence Direc-
tor.
614 
‘‘(2) The mission of the counterintelligence Officer to 
the National Intelligence Director is to assist the National 
Intelligence Director in reducing the threats of disclosure 
or loss of classified or sensitive information or penetration 
of national intelligence functions that may be potentiated 
by increased information sharing, enterprise architectures, 
or other activities under this Act. 
‘‘(3) The counterintelligence Officer to the National In-
telligence Director shall— 
‘‘(A) assist the Deputy National Intelligence Di-
rector for Community Management and Resources in 
developing and implementing counterintelligence poli-
cies for the functions of the Office of the National In-
telligence Director, in consultation with the Associate 
National Intelligence Directors; 
‘‘(B) ensure that policies under subparagraph 
(A) and the implementation of those policies are co-
ordinated with counterintelligence activities of appro-
priate agencies and elements of the National Intel-
ligence Program, and with the activities of the Intel-
ligence Community Information Officer; 
‘‘(C) review resource requirements to support the 
mission of the counterintelligence Officer under this 
subsection and make recommendations to the Deputy 
National Intelligence Director for Community Man-
615 
agement and Resources with respect to those require-
ments; and 
‘‘(D) perform such other duties as the National 
Intelligence Director shall prescribe. 
‘‘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 In-
telligence Agency in carrying out the responsibilities speci-
fied 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 In-
telligence 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 con-
trol of the National Intelligence Director, except as other-
wise determined by the President. 
‘‘(b) DUTIES.—In the capacity as Director of the 
Central Intelligence Agency, the Director of the Central 
Intelligence Agency shall— 
‘‘(1) carry out the responsibilities specified in 
subsection (c); and 
‘‘(2) serve as the head of the Central Intel-
ligence Agency.
616 
‘‘(c) RESPONSIBILITIES.—The Director of the Cen-
tral 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 
internal security functions; 
‘‘(2) provide overall direction for the collection 
of national intelligence through human sources by 
elements of the intelligence community authorized to 
undertake 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 
collection 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
617 
‘‘(5) perform such other functions and duties 
related to intelligence affecting the national security 
as the President or the National Intelligence Direc-
tor may direct. 
‘‘(d) DEPUTY DIRECTOR OF THE CENTRAL INTEL-
LIGENCE AGENCY.—There is a Deputy Director of the 
Central 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 em-
ployment of any officer or employee of the Central Intel-
ligence Agency whenever the Director considers the termi-
nation of employment of such officer or employee nec-
essary 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
618 
States Government if declared eligible for such employ-
ment 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 Di-
rector, 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 admin-
istration of the oath of office. 
(3) For the purposes of this subsection, the term 
‘‘legislative 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 fol-
lows: 
‘‘(5) The terms ‘national intelligence’ and ‘intel-
ligence related to national security’ refer to all intel-
ligence, regardless of the source from which derived
619 
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 Agen-
cy to improve the coordination and deconfliction of oper-
ations that involve elements of both the Armed Forces and
620 
the Central Intelligence Agency consistent with national 
security and the protection of human intelligence sources 
and methods. Those procedures shall, at a minimum, pro-
vide the following: 
(1) Methods by which the Director of the Cen-
tral Intelligence Agency and the Secretary of De-
fense can improve communication and coordination 
in the planning, execution, and sustainment of oper-
ations, 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
621 
tactical and strategic objectives for the region and a 
clear delineation 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 Na-
tional Intelligence Director shall submit to the congres-
sional defense committees (as defined in section 101 of 
title 10, United States Code) and the congressional intel-
ligence committees (as defined in section 3(7) of the Na-
tional Security Act of 1947 (50 U.S.C. 401a(7))) a report 
describing the procedures established pursuant to sub-
section (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.
622 
‘‘(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 para-
graph (2), the head of the department or agency having 
jurisdiction over the position shall obtain the concurrence 
of the National Intelligence Director before appointing an 
individual to fill the vacancy or recommending to the 
President an individual to be nominated to fill the va-
cancy. If the Director does not concur in the recommenda-
tion, the head of the department or agency concerned may 
not fill the vacancy or make the recommendation to the 
President (as the case may be). In the case in which the 
National Intelligence Director does not concur in such a 
recommendation, the Director and the head of the depart-
ment or agency concerned may advise the President directly 
of the intention to withhold concurrence or to make a rec-
ommendation, as the case may be. 
‘‘(2) Paragraph (1) applies to the following positions: 
‘‘(A) The Director of the National Security 
Agency.
623 
‘‘(B) The Director of the National Reconnais-
sance Office. 
‘‘(C) The Director of the National Geospatial- 
Intelligence Agency. 
‘‘(c)
CONSULTATION
WITH
NATIONAL
INTEL-
LIGENCE 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 jurisdic-
tion over the position shall consult with the National Intel-
ligence Director before appointing an individual to fill the 
vacancy or recommending to the President an individual 
to be nominated to fill the vacancy. 
‘‘(2) Paragraph (1) applies to the following positions: 
‘‘(A) The Director of the Defense Intelligence 
Agency. 
‘‘(B) The Assistant 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.
624 
‘‘(G) The Under Secretary of Homeland Secu-
rity for Information Analysis and Infrastructure 
Protection. 
‘‘(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 IN-
TELLIGENCE
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 discre-
tion of the President, become the National Intelligence Di-
rector 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 ca-
pacity as the head of the intelligence community in any 
law, regulation, document, paper, or other record of the 
United States shall be deemed to be a reference to the 
National Intelligence Director. 
(2) Any reference to the Director of Central Intel-
ligence in the Director’s capacity as the head of the Cen-
tral Intelligence Agency in any law, regulation, document, 
paper, or other record of the United States shall be
625 
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, regu-
lation, 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 
National Intelligence Director for Community Manage-
ment 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.’’.
626 
(c)
EXECUTIVE
SCHEDULE
LEVEL
IV.—Section 
5315 of title 5, United States Code, is amended by strik-
ing the item relating to the Assistant Directors of Central 
Intelligence. 
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 Di-
rector 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;
627 
‘‘(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 counter-
terrorism operations (other than intelligence oper-
ations). 
The National Intelligence Director shall carry out this sec-
tion through the Deputy National Intelligence Director 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 in-
tegrating all intelligence possessed or acquired by 
the United States Government pertaining to ter-
rorism and counterterrorism, excepting intelligence 
pertaining 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
628 
law enforcement activities within and among agen-
cies. 
‘‘(3) To support operational responsibilities as-
signed to lead agencies for counterterrorism activi-
ties by ensuring that such agencies have access to 
and receive 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 Fed-
eral, State, or local government or other source necessary 
to fulfill its responsibilities and retain and disseminate 
such intelligence. 
‘‘(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).
629 
‘‘(f) DUTIES
AND RESPONSIBILITIES
OF DIREC-
TOR.—The Director of the National counterterrorism Cen-
ter 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 
integration of counterterrorism intelligence and op-
erations across agency boundaries, both inside and 
outside the United States; 
‘‘(3) advise the National Intelligence Director 
on the extent to which the counterterrorism program 
recommendations and budget proposals of the de-
partments, agencies, and elements of the United 
States Government conform to the priorities estab-
lished by the President; 
‘‘(4) disseminate terrorism information, includ-
ing current terrorism threat analysis, to the Presi-
dent, the Vice President, the Secretaries of State, 
Defense, and Homeland Security, the Attorney Gen-
eral, the Director of the Central Intelligence Agency, 
and other officials of the executive branch as appro-
630 
priate, and to the appropriate committees of Con-
gress; 
‘‘(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 com-
munity 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 de-
631 
partment, agency, or element of the United States Govern-
ment on designations, assignments, plans, or responsibil-
ities. The head of such a department, agency, or element 
may appeal the resolution of the disagreement by the Na-
tional Intelligence Director to the President. 
‘‘(i) DIRECTORATE OF INTELLIGENCE.—The Direc-
tor 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 
inside 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 
provide strategic guidance and plans for counterterrorism 
operations conducted by the United States Government.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for the National Security Act of 1947 is amended by in-
serting after the item relating to section 118 the following 
new item: 
‘‘Sec. 119. National counterterrorism Center.’’.
632 
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 
appointed 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 poli-
cies and procedures developed for and implemented 
by the Office of the National Intelligence Director 
and the elements of the intelligence community with-
in 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;
633 
(4) ensure that the use of technologies sustain, 
and do not erode, privacy protections relating to the 
use, collection, and disclosure of personal informa-
tion; 
(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 spec-
ified 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 intelligence community to conduct an investigation 
under paragraph (3) of subsection (b). 
Subtitle C—Joint Intelligence 
Community Council 
SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL. 
(a) ESTABLISHMENT.—There is hereby established a 
Joint Intelligence Community Council.
634 
(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—
635 
(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 ap-
plied to, enhancing the depth and breadth of human 
intelligence capabilities of the United States intel-
ligence community must be among the top priorities 
of the National Intelligence Director.
636 
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 intel-
ligence (HUMINT) capacity which shall include a plan to 
implement changes, as necessary, to accelerate improve-
ments to, and increase the capacity of, HUMINT across 
the intelligence 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 fol-
lows: 
‘‘(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
637 
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 fel-
lowship assistance (as the case may be) was provided 
under the program. 
‘‘(3) Each such recipient shall work in a specified na-
tional 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 
assistance was provided.
638 
‘‘(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 
demonstrates 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 recipients of scholarship and fellowship assistance 
under the program under section 802 of the David L. 
Boren National Security Education Act of 1991 are re-
quired to demonstrate in order to satisfy the requirement 
of a good faith effort to gain employment as required 
under such subsection.
639 
(c) APPLICABILITY.—(1) The amendments made by 
subsection (a) shall apply with respect to service agree-
ments 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 In-
telligence Authorization Act for Fiscal Year 1994 (Public 
Law 103–178; 107 Stat. 2037) and by section 333(b) of 
the Intelligence Authorization Act for Fiscal Year 2003 
(Public Law 107–306; 116 Stat. 2397), is amended in 
subsection (a) of section 811 by striking ‘‘there is author-
ized to be appropriated to the Secretary for each fiscal 
year, beginning with fiscal year 2003, $10,000,000,’’ and 
inserting ‘‘there is authorized to be appropriated to the 
Secretary for each of fiscal years 2003 and 2004,
640 
$10,000,000, and for fiscal year 2005 and each subse-
quent fiscal year, $12,000,000,’’. 
(2) Subsection (b) of such section is amended by in-
serting ‘‘for fiscal years 2003 and 2004 only’’ after ‘‘au-
thorization of appropriations under subsection (a)’’. 
(b)
REQUIREMENT
FOR
EMPLOYMENT
AGREE-
MENTS.—(1) Section 802(i) of the David L. Boren Na-
tional Security Education Act of 1991 (50 U.S.C. 1902(i)) 
is amended by adding at the end the following new para-
graph: 
‘‘(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
641 
completion 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 
department is terminated due to misconduct by the 
employee 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, be-
fore 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) pro-
vided 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 
subparagraph (A) is for all purposes a debt owing the 
United States.
642 
‘‘(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 deter-
mines 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 
Initiative to establish, operate, or improve activities de-
signed to train students in programs in a range of dis-
ciplines to achieve advanced levels of proficiency in those 
foreign languages that the Secretary identifies as being 
the most critical 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
643 
language studies overseas of foreign languages that are 
critical 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 sec-
tion 802 of the David L. Boren National Security Edu-
cation 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-
644 
tional security interests of the United 
States
who
should
be
actively
re-
cruited for employment by Federal se-
curity agencies with a need for lin-
guists; 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 
Secretary) as agreements entered into pur-
suant to subsection (b)(2)(A).’’. 
(2) The matter following subsection (a)(2) of such 
section is amended—
645 
(A) in the first sentence, by inserting ‘‘or for 
the scholarship program under paragraph (1)(E)’’ 
after ‘‘under paragraph (1)(D) for the National 
Flagship Language 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 
scholarship programs for advanced English language stud-
ies 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 commu-
nity residents under section 802(a)(1)(E).
646 
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 Con-
gress that there should be within the Office of the Na-
tional Intelligence Director a senior official responsible to 
assist the National Intelligence Director in carrying out 
the Director’s responsibilities for establishing policies and 
procedure for foreign language education and training of 
the intelligence community. The duties of such official 
should include the following: 
(1) Overseeing and coordinating requirements 
for foreign language education and training of the 
intelligence 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 commu-
nity with respect to foreign language proficiency are 
met.
647 
(b) REPORTS.—Not later than one year after the date 
of the enactment of this Act, the National Intelligence Di-
rector 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 techniques 
that are most effective in teaching foreign lan-
guages. 
(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
648 
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
649 
Director may jointly establish a program to advance for-
eign languages skills in languages that are critical to the 
capability of the intelligence community to carry out na-
tional security activities of the United States (hereinafter 
in this subtitle referred to as the ‘Foreign Languages Pro-
gram’). 
‘‘(b) IDENTIFICATION OF REQUISITE ACTIONS.—In 
order to carry out the Foreign Languages Program, the 
Secretary of Defense and the National Intelligence Direc-
tor shall jointly determine actions required to improve the 
education of personnel in the intelligence community in 
foreign languages that are critical to the capability of the 
intelligence community to carry out national security ac-
tivities of the United States to meet the long-term intel-
ligence 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 commu-
nity entity may enter into one or more education partner-
ship agreements with educational institutions in the 
United States in order to encourage and enhance the 
study of foreign languages that are critical to the capa-
bility of the intelligence community to carry out national 
security activities of the United States in educational insti-
tutions.
650 
‘‘(b) ASSISTANCE PROVIDED UNDER EDUCATIONAL 
PARTNERSHIP
AGREEMENTS.—Under
an
educational 
partnership agreement entered into with an educational 
institution pursuant to this section, the head of an element 
of an intelligence community entity may provide the fol-
lowing assistance to the educational institution: 
‘‘(1) The loan of equipment and instructional 
materials of the element of the intelligence commu-
nity entity to the educational institution for any pur-
pose and duration that the head determines to be 
appropriate. 
‘‘(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 ele-
ment to be appropriate for support of such 
agreement. 
‘‘(3) The provision of dedicated personnel to the 
educational institution—
651 
‘‘(A) to teach courses in foreign languages 
that are critical to the capability of the intel-
ligence community to carry out national secu-
rity 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 
intelligence 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 
Languages Program under section 1011 shall include au-
thority for the head of an element of an intelligence com-
652 
munity entity to accept from any individual who is dedi-
cated personnel (as defined in section 1016(3)) voluntary 
services in support of the activities authorized by this sub-
title. 
‘‘(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 extent 
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, priv-
ileged, has appropriate educational or experiential 
credentials, or is otherwise qualified under applicable 
law or regulations to provide such services. 
‘‘(2) In accepting voluntary services from an indi-
vidual under subsection (a), the head of an element of the 
intelligence community entity may not— 
‘‘(A) place the individual in a policymaking po-
sition, 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
653 
an intelligence community entity may recruit and train in-
dividuals 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 con-
sidered 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 
nonprofit institution for purposes of the Volunteer Protec-
tion 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, sec-
tion 4(d) of such Act (42 U.S.C. 14503(d)) shall not 
apply.
654 
‘‘(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 
expenses are eligible for reimbursement under this sub-
section. 
‘‘(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 
community entity may use appropriated funds or non-
655 
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 accept-
ance 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))),
656 
‘‘(B) an institution of higher education (as 
defined in section 102 of the Higher Education 
Act of 1965 (20 U.S.C. 1002) other than insti-
tutions 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 per-
form 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 ele-
657 
ments of the intelligence community, may provide for the 
assignment of military and civilian personnel described in 
paragraph (2) as students at accredited professional, tech-
nical, or other institutions of higher education for training 
at the graduate or undergraduate level in foreign lan-
guages required for the conduct of duties and responsibil-
ities 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 reim-
burse an employee assigned under subsection (a) for the 
total cost of the training described in subsection (a), in-
cluding 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
658 
who is an analyst is in addition to any benefits, allow-
ances, travels, or other compensation the employee is enti-
tled 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 
following 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 citi-
zens with advanced levels of proficiency in foreign lan-
guages who would be available upon a call of the President 
to perform such service or duties with respect to such for-
eign languages in the Federal Government as the Presi-
dent may specify.
659 
(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 lan-
guages who would be available to perform the serv-
ices 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).
660 
(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 objec-
tives of the establishment of a Civilian Linguist Reserve 
Corps, and recommendations for the continuation or ex-
pansion 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 sec-
tion 1021(a), is further amended by adding at the end 
the following 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 Na-
tional Intelligence Director. 
‘‘(b) FUNCTION.—The National Virtual Translation 
Center shall provide for timely and accurate translations
661 
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 following new item: 
‘‘Sec. 120. National Virtual Translation Center.’’.
662 
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 For-
eign Language Center of the Defense Language Institute. 
In conducting the study, the Secretary shall consider, in 
the case of a foreign language instructor who is an alien, 
to expeditiously adjust the status of the alien from a tem-
porary status to that of an alien lawfully admitted for per-
manent residence. 
(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 de-
termines 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.
663 
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 RE-
QUIREMENT.—(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 amend-
ed 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:
664 
‘‘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 Director. 
‘‘(b) The National Security Agency Emerging Tech-
nologies Panel shall study and assess, and periodically ad-
vise the Director on, the research, development, and appli-
cation 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.’’. 
SEC. 1063. SERVICE AND NATIONAL LABORATORIES AND 
THE INTELLIGENCE COMMUNITY. 
The National Intelligence Director, in cooperation 
with the Secretary of Defense and the Secretary of Energy, 
should seek to ensure that each service laboratory of the De-
partment of Defense and each national laboratory of the 
Department of Energy may, acting through the relevant 
Secretary and in a manner consistent with the missions 
and commitments of the laboratory— 
(1) assist the National Intelligence Director in 
all aspects of technical intelligence, including re-
search, applied sciences, analysis, technology evalua-
665 
tion and assessment, and any other aspect that the 
relevant Secretary considers appropriate; and 
(2) make available to the intelligence commu-
nity, on a community-wide basis— 
(A) the analysis and production services of 
the service and national laboratories, in a man-
ner that maximizes the capacity and services of 
such laboratories; and 
(B) the facilities and human resources of 
the service and national laboratories, in a man-
ner that improves the technological capabilities 
of the intelligence community. 
SEC. 1064. IMPROVEMENT IN TRANSLATION AND DELIVERY 
OF 
SUSPECTED 
TERRORIST 
COMMUNICA-
TIONS. 
(a) REQUIREMENT FOR PROMPT TRANSLATION AND 
TRANSMISSION.—The National Intelligence Director shall 
develop and transmit to the appropriate agencies guidelines 
to ensure that all suspected terrorist communications, in-
cluding transmissions, are translated and delivered in a 
manner consistent with timelines contained in regulations 
of the Federal Bureau of Investigations to the extent prac-
ticable. 
(b) PREVENTION OF DELETION OF TERRORIST COM-
MUNICATIONS.—The National Intelligence Director shall
666 
take such steps as are necessary to ensure that terrorist com-
munications are not deleted or discarded before those com-
munications are translated. 
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 
National Security Act of 1947 (50 U.S.C. 401 et seq.) 
is amended by striking ‘‘Director of Central Intelligence’’ 
each place it appears in the following provisions and in-
serting ‘‘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)).
667 
(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)). 
(R) Section 115(a)(1) (50 U.S.C. 404j(a)(1)). 
(S) Section 115(b) (50 U.S.C. 404j(b)). 
(T)
Section
115(c)(1)(B)
(50
U.S.C. 
404j(c)(1)(B)). 
(U) Section 116(a) (50 U.S.C. 404k(a)). 
(V) Section 117(a)(1) (50 U.S.C. 404l(a)(1)). 
(W) Section 303(a) (50 U.S.C. 405(a)), both 
places it appears. 
(X) Section 501(d) (50 U.S.C. 413(d)). 
(Y) Section 502(a) (50 U.S.C. 413a(a)). 
(Z) Section 502(c) (50 U.S.C. 413a(c)). 
(AA) Section 503(b) (50 U.S.C. 413b(b)).
668 
(BB)
Section
504(a)(3)(C)
(50
U.S.C. 
414(a)(3)(C)). 
(CC) Section 504(d)(2) (50 U.S.C. 414(d)(2)). 
(DD) Section 506A(a)(1) (50 U.S.C. 415a– 
1(a)(1)). 
(EE) Section 603(a) (50 U.S.C. 423(a)). 
(FF) Section 702(a)(1) (50 U.S.C. 432(a)(1)). 
(GG)
Section
702(a)(6)(B)(viii)
(50
U.S.C. 
432(a)(6)(B)(viii)). 
(HH) Section 702(b)(1) (50 U.S.C. 432(b)(1)), 
both places it appears. 
(II) Section 703(a)(1) (50 U.S.C. 432a(a)(1)). 
(JJ)
Section
703(a)(6)(B)(viii)
(50
U.S.C. 
432a(a)(6)(B)(viii)). 
(KK)
Section
703(b)(1)
(50
U.S.C. 
432a(b)(1)), both places it appears. 
(LL) Section 704(a)(1) (50 U.S.C. 432b(a)(1)). 
(MM)
Section
704(f)(2)(H)
(50
U.S.C. 
432b(f)(2)(H)). 
(NN)
Section
704(g)(1))
(50
U.S.C. 
432b(g)(1)), both places it appears. 
(OO) Section 1001(a) (50 U.S.C. 441g(a)). 
(PP)
Section
1102(a)(1)
(50
U.S.C. 
442a(a)(1)).
669 
(QQ)
Section
1102(b)(1)
(50
U.S.C. 
442a(b)(1)). 
(RR)
Section
1102(c)(1)
(50
U.S.C. 
442a(c)(1)). 
(SS) 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 
provisions: 
(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)). 
(C) Section 1001(c) (50 U.S.C. 441g(c)), the 
first place it appears. 
(D)
Section
1001(d)(1)(B)
(50
U.S.C. 
441g(d)(1)(B)). 
(E) Section 1001(e) (50 U.S.C. 441g(e)), the 
first place it appears.
670 
(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 
amended— 
(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 In-
telligence Director’’. 
(7) The heading for section 114 of that Act (50 
U.S.C. 404i) is amended to read as follows:
671 
‘‘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 fol-
lowing provisions and inserting ‘‘National Intelligence Di-
rector’’: 
(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). 
(A)
Section
16(c)(1)(B)
(50
U.S.C. 
403p(c)(1)(B)). 
(B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)). 
(C) 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 
following 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)).
672 
(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), 
both places it appears. 
(D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)). 
(E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)). 
(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT 
ACT.—Section 101 of the Central Intelligence Agency Re-
tirement Act (50 U.S.C. 2001) is amended by striking 
paragraph (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 Cen-
673 
tral Intelligence’’ and inserting ‘‘National Intelligence Di-
rector’’. 
(g) INTELLIGENCE AUTHORIZATION ACTS.— 
(1) PUBLIC LAW 103–359.—Section 811(c)(6)(C) 
of the counterintelligence and Security Enhance-
ments Act of 1994 (title VIII of Public Law 103– 
359) is amended by striking ‘‘Director of Central In-
telligence’’ and inserting ‘‘National Intelligence Di-
rector’’. 
(2) PUBLIC LAW 107–306.—(A) The Intelligence 
Authorization Act for Fiscal Year 2003 (Public Law 
107–306) is amended by striking ‘‘Director of Cen-
tral Intelligence, acting as the head of the intel-
ligence community,’’ each place it appears in the fol-
lowing provisions and inserting ‘‘National Intel-
ligence Director’’: 
(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)).
674 
(ii)
Section
904(e)(4)
(50
U.S.C. 
402c(e)(4)). 
(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 com-
munity, shall establish in the Central Intelligence 
Agency’’ and inserting ‘‘National Intelligence Direc-
tor shall establish within the Central Intelligence 
Agency’’. 
(D) Section 352(b) of that Act (50 U.S.C. 404– 
3 note) is amended by striking ‘‘Director’’ and in-
serting ‘‘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 Cen-
tral Intelligence’’ each place it appears in the fol-
lowing provisions and inserting ‘‘National Intel-
ligence Director’’: 
(i) Section 317(a) (50 U.S.C. 403–3 note). 
(ii) Section 317(h)(1).
675 
(iii) Section 318(a) (50 U.S.C. 441g note). 
(iv) Section 319(b) (50 U.S.C. 403 note). 
(v) Section 341(b) (28 U.S.C. 519 note). 
(vi) Section 357(a) (50 U.S.C. 403 note). 
(vii) Section 504(a) (117 Stat. 2634), both 
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 Intel-
ligence Director’’. 
(C) Section 404 of that Act (18 U.S.C. 4124 
note) is amended by striking ‘‘Director of Central 
Intelligence’’ and inserting ‘‘Director of the Central 
Intelligence 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 Cen-
tral Intelligence’’ and inserting ‘‘Deputy National Intel-
ligence 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
676 
Intelligence, or with respect to employees of the Central 
Intelligence Agency, the Director may delegate such au-
thority to the Deputy Director for Operations’’ and insert-
ing ‘‘to the Deputy National Intelligence Director, or with 
respect to employees of the Central Intelligence Agency, 
to the Director 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 Di-
rector of Central Intelligence’’ and inserting ‘‘Office of the 
National 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 In-
telligence for Administration’’ and inserting ‘‘Office of the 
National 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 National Security Act of 1947 (50 U.S.C. 403– 
3(c)(7))’’ and inserting ‘‘section 102A(g) of the National 
Security Act of 1947’’.
677 
(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT 
ACT.—Section 201(c) of the Central Intelligence Agency 
Retirement Act (50 U.S.C. 2011(c)) is amended by strik-
ing ‘‘paragraph (6) of section 103(c) of the National Secu-
rity Act of 1947 (50 U.S.C. 403–3(c)) that the Director 
of Central Intelligence’’ and inserting ‘‘section 102A(g) of 
the National 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 Na-
tional
Security
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-
678 
ing ‘‘Office of the National Intelligence Direc-
tor’’. 
(2) PUBLIC LAW 108–177.—Section 317 of the 
Intelligence Authorization Act for Fiscal Year 2004 
(Public Law 108–177; 50 U.S.C. 403–3 note) is 
amended— 
(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 
National 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 fol-
lows: 
‘‘(4) The term ‘intelligence community’ includes 
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.
679 
‘‘(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-
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 Na-
tional Intelligence Director and the head of the 
department or agency concerned, as an element 
of the intelligence community.’’.
680 
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 Intel-
ligence Program’’ 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 OF-
FICIALS.—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.
681 
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 PRO-
HIBITING DUAL SERVICE OF THE DIRECTOR 
OF THE CENTRAL INTELLIGENCE AGENCY. 
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
682 
(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 PROTECTIONS. 
Section 17(a)(1) of the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 403q(a)(1)) is amended by insert-
ing before the semicolon at the end the following: ‘‘and 
to programs and operations of the Office of the National 
Intelligence Director’’. 
SEC. 1079. GENERAL REFERENCES. 
(a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD 
OF INTELLIGENCE COMMUNITY.—Any reference to the 
Director of Central Intelligence or the Director of the Cen-
tral Intelligence Agency in the Director’s capacity as the 
head of the intelligence community in any law, regulation, 
document, paper, or other record of the United States 
shall be deemed to be a reference to the National Intel-
ligence Director. 
(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,
683 
or other record of the United States shall be deemed to 
be a reference to the Director of the Central Intelligence 
Agency. 
(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
684 
inserting ‘‘the Director of the Central Intelligence 
Agency’’; 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 Intel-
ligence Director may delete the information described in 
subparagraphs (A) and (C) of paragraphs (2) and (3) if 
the Director 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 
National Intelligence Director,’’ before ‘‘the Central Intel-
ligence Agency’’. 
Subtitle H—Transfer, Termination, 
Transition and Other Provisions 
SEC.
1091.
TRANSFER
OF
COMMUNITY
MANAGEMENT 
STAFF. 
(a) TRANSFER.—There shall be transferred to the 
Office of the National Intelligence Director the staff of 
the Community Management Staff as of the date of the 
enactment of this Act, including all functions and activi-
685 
ties discharged 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 
section 103(b) of the National Security Act of 1947, as 
amended by section 1011(a). 
SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRA-
TION CENTER. 
(a) TRANSFER.—There shall be transferred to the 
National counterterrorism Center the Terrorist Threat In-
tegration Center (TTIC), including all functions and ac-
tivities 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 Intel-
ligence of the National counterterrorism Center under sec-
tion 119(i) of the National Security Act of 1947, as added 
by section 1021(a).
686 
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 here-
by 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 pursu-
ant to this title. 
(2)
Any
consolidation,
reorganization,
or 
streamlining of activities transferred to the National 
Intelligence Director pursuant to this title.
687 
(3) The establishment of offices within the Of-
fice of the National Intelligence Director to imple-
ment the duties and responsibilities of the National 
Intelligence Director as described in this title. 
(4) Specification of any proposed disposition of 
property, facilities, contracts, records, and other as-
sets and obligations to be transferred to the Na-
tional Intelligence Director. 
(5) Recommendations for additional legislative 
or administrative action as the Director considers 
appropriate. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the permanent location for the headquarters for 
the Office of the National Intelligence Director, should be 
at a location other than the George Bush Center for Intel-
ligence 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 
provided in this Act, this title and the amendments made
688 
by 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 Con-
gress the implementation plan required under section 
1904. 
(3) Not later than one year after the date of the en-
actment of this Act, the National Intelligence Director 
shall prescribe regulations, policies, procedures, standards, 
and guidelines required under section 102A of the Na-
tional Security Act of 1947, as amended by section 
1011(a).
689 
Subtitle I—Other Matters 
SEC. 1101. STUDY OF PROMOTION AND PROFESSIONAL 
MILITARY EDUCATION SCHOOL SELECTION 
RATES FOR MILITARY INTELLIGENCE OFFI-
CERS. 
(a) STUDY.—The Secretary of Defense shall conduct a 
study of the promotion selection rates, and the selection 
rates for attendance at professional military education 
schools, of intelligence officers of the Armed Forces, particu-
larly in comparison to the rates for other officers of the same 
Armed Force who are in the same grade and competitive 
category. 
(b) REPORT.—The Secretary shall submit to the Com-
mittees on Armed Services of the Senate and House of Rep-
resentatives a report providing the Secretary’s findings re-
sulting from the study under subsection (a) and the Sec-
retary’s recommendations (if any) for such changes in law 
as the Secretary considers needed to ensure that intelligence 
officers, as a group, are selected for promotion, and for at-
tendance at professional military education schools, at rates 
not less than the rates for all line (or the equivalent) officers 
of the same Armed Force (both in the zone and below the 
zone) in the same grade. The report shall be submitted not 
later than April 1, 2005.
690 
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-
691 
tion may reasonably be believed and where such in-
formation indicates that an activity has taken, is 
taking, or will take place that would constitute a vio-
lation 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 mem-
ber of the Armed Forces of the United States during 
a war or armed conflict in which the United States 
is engaged, shall—
692 
‘‘(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 in-
formation under circumstances where such information 
may reasonably be believed and where such information 
indicates 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, sec-
tion 46505 (b)(3) or (c), section 46506 if homicide or at-
tempted homicide is involved, 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
693 
an offense under subsection (a), shall order the de-
fendant 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 con-
duct, for those expenses. 
‘‘(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 reim-
bursement under this subsection for the same ex-
penses. 
‘‘(3) CIVIL
JUDGMENT.—An order of reim-
bursement under this subsection shall, for the pur-
poses of enforcement, be treated as a civil judgment. 
‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This sec-
tion does not prohibit any lawfully authorized investiga-
tive, protective, or intelligence activity of a law enforce-
ment agency of the United States, a State, or political sub-
division 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.’’.
694 
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 
Sentencing
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 relat-
ing 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’’.
695 
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 for-
eign 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 
Nationality 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 or-
ganization has engaged or engages in terrorist activity (as 
defined in section 212 of the Immigration and Nationality 
Act), or that the organization has engaged or engages in
696 
terrorism (as defined in section 140(d)(2) of the Foreign 
Relations Authorization 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 
subsection (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 
offense occurs outside the United States; 
‘‘(4) the offense occurs in whole or in part with-
in 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
697 
committing an offense under subsection (a) or con-
spires with any person over whom jurisdiction exists 
under this paragraph to commit an offense under 
subsection (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 sec-
tion 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 
including 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, 
electrical power generation or delivery systems, fi-
nancing and banking systems, emergency services
698 
(including medical, police, fire, and rescue services), 
and transportation systems and services (including 
highways, mass transit, airlines, and airports); and 
‘‘(4) the term ‘foreign terrorist organization’ 
means an organization designated as a terrorist or-
ganization under section 219(a)(1) of the Immigra-
tion 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 
resources or conceals or disguises the nature, loca-
tion, source, or ownership of material support or re-
sources, knowing or intending that they are to be 
used in preparation for, or in carrying out, an act 
of international or domestic terrorism (as defined in
699 
section 2331), or in preparation for, or in carrying 
out, the 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 offense 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 for-
eign government. 
‘‘(iv) An offender, acting within the United 
States or outside the territorial jurisdiction 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 law-
fully admitted for permanent residence in the 
United States (as defined in section 101(a)(20) 
of the Immigration and Nationality Act , or a
700 
stateless person whose habitual residence is in 
the United States, 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. 
‘‘(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 person 
over whom jurisdiction exists under this para-
graph 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
701 
(4) by inserting ‘‘act or’’ after ‘‘underlying’’. 
(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 spe-
cific 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 MATE-
RIAL SUPPORT TO TERRORIST ORGANIZATIONS.—Section 
2339B(a)(1) of title 18, United States Code, is amend-
ed— 
(1) by striking ‘‘, within the United States or 
subject to the jurisdiction of the United States,’’ and
702 
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 
that the organization is a designated terrorist orga-
nization (as defined in subsection (g)(6)), that the 
organization has engaged or engages in terrorist ac-
tivity (as defined in section 212(a)(3)(B) of the Im-
migration and Nationality Act, or that the organiza-
tion has engaged or engages in terrorism (as defined 
in section 140(d)(2) of the Foreign Relations Au-
thorization 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 Im-
migration
and
Nationality
Act
(8
U.S.C. 
1101(a)(22)) or an alien lawfully admitted for per-
manent residence in the United States (as defined in 
section 101(a)(20) of the Immigration and Nation-
ality Act.
703 
‘‘(B) An offender is a stateless person whose 
habitual residence is in the United States. 
‘‘(C) After the conduct required for the offense 
occurs an offender is brought into or found in the 
United States, even if the conduct required for the 
offense 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 
subsection (a).’’. 
(e)
DEFINITION.—Paragraph
(4)
of
section 
2339B(g) of title 18, United States Code, is amended to 
read as follows: 
‘‘(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:
704 
‘‘(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-
rorist organization with one or more individuals (who may 
be or include himself) to work under that terrorist organi-
zation’s direction or control or to organize, manage, super-
vise, or otherwise direct the operation of that organization. 
Individuals who act entirely independently of the foreign 
terrorist 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 ex-
ercise 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 pro-
vided’’ and inserting ‘‘are to be provided, or knowing 
that the support or resources were provided,’’; and
705 
(3) in subparagraph (B)— 
(A) by striking ‘‘or any proceeds of such 
funds’’; and 
(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’’.
706 
SEC. 2052. WEAPONS OF MASS DESTRUCTION. 
(a) EXPANSION
OF JURISDICTIONAL BASES
AND 
SCOPE.—Section 2332a of title 18, United States Code, 
is amended— 
(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:
707 
‘‘(4) against any property within the United 
States that is owned, leased, or used by a foreign 
government,’’; 
(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 sec-
tion 229F))’’. 
(c) EXPANSION
OF CATEGORIES
OF RESTRICTED 
PERSONS SUBJECT TO PROHIBITIONS RELATING TO SE-