IB 
VOLUME 2 OF 2 VOLUMES 
Union Calendar No. 453 
108TH CONGRESS 
2D SESSION 
H. R. 10 
[Report No. 108–724, Parts I, II, III, IV, and V] 
To provide for reform of the intelligence community, terrorism prevention 
and prosecution, border security, and international cooperation and co-
ordination, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 24, 2004 
Mr. HASTERT (for himself, Mr. DELAY, Mr. BLUNT, Ms. PRYCE of Ohio, Mr. 
HOEKSTRA, Mr. HUNTER, Mr. YOUNG of Florida, Mr. SENSENBRENNER, 
Mr. HYDE, Mr. TOM DAVIS of Virginia, Mr. OXLEY, Mr. DREIER, Mr. 
COX, Mr. THOMAS, Mr. NUSSLE, Mr. BOEHNER, and Mr. SMITH of New 
Jersey) introduced the following bill; which was referred to the Select 
Committee on Intelligence (Permanent Select), and in addition to the 
Committees on Armed Services, Education and the Workforce, Energy 
and Commerce, Financial Services, Government Reform, International 
Relations, the Judiciary, Rules, Science, Transportation and Infrastruc-
ture, Ways and Means, and Select Homeland Security, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
OCTOBER 4, 2004 
Reported from the Permanent Select Committee on Intelligence with an 
amendment 
[Strike out all after the enacting clause and insert the part printed in boldface roman] 
OCTOBER 4, 2004 
Reported from the Committee on Armed Services with amendments 
[Omit the part struck through in brackets and insert the part printed in italic] 
OCTOBER 4, 2004 
Reported from the Committee on Financial Services with an amendment
1780 
[Strike out all after the enacting clause and insert the part printed in boldface italic] 
OCTOBER 4, 2004 
Referral to the Committees on Education and the Workforce, Energy and 
Commerce, Government Reform, International Relations, the Judiciary, 
Rules, Science, Transportation and Infrastructure, Ways and Means, and 
the Select Committee on Homeland Security extended for a period ending 
not later than October 5, 2004 
OCTOBER 5, 2004 
Reported from the Committee on Government Reform with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic in bold parentheses] 
OCTOBER 5, 2004 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in boldface roman in bold 
brackets] 
OCTOBER 5, 2004 
Additional sponsors: Mr. BURR, Mr. GREEN of Wisconsin, Mr. MCINNIS, Mr. 
GOODLATTE, Mr. ISSA, Mr. PICKERING, Mr. SESSIONS, Mr. GINGREY, 
Mrs. MILLER of Michigan, and Mr. RAMSTAD 
OCTOBER 5, 2004 
Committees on Education and the Workforce, Energy and Commerce, Inter-
national Relations, Rules, Science, Transportation and Infrastructure, 
Ways and Means, and the Select Committee on Homeland Security dis-
charged; committed to the Committee of the Whole House on the State 
of the Union and ordered to be printed 
A BILL 
To provide for reform of the intelligence community, ter-
rorism prevention and prosecution, border security, and 
international cooperation and coordination, and for other 
purposes.
1781 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘9/11 Rec-
ommendations Implementation Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as fol-
lows: 
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 be-
tween Department of Defense and Central Intel-
ligence Agency. 
Sec. 1014. Role of National Intelligence Director in appoint-
ment of certain officials responsible for intel-
ligence-related activities. 
Sec. 1015. Initial appointment of the National Intelligence Di-
rector. 
Sec. 1016. Executive schedule matters. 
Subtitle B—National counterterrorism Center and Civil 
Liberties Protections 
Sec. 1021. National counterterrorism Center. 
Sec. 1022. Civil Liberties Protection Officer. 
Subtitle C—Joint Intelligence Community Council 
Sec. 1031. Joint Intelligence Community Council. 
Subtitle D—Improvement of Human Intelligence (HUMINT) 
Sec. 1041. Human intelligence as an increasingly critical com-
ponent of the intelligence 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 Security Education Program. 
Sec. 1052. Improvements to the National Flagship Language 
Initiative.
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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 edu-
cation for the intelligence community; reports. 
Sec. 1055. Advancement of foreign languages critical to the in-
telligence community. 
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 in-
structors of the Defense Language Institute. 
Subtitle F—Additional Improvements of Intelligence Activities 
Sec. 1061. Permanent extension of Central Intelligence Agency 
Voluntary Separation Incentive Program. 
Sec. 1062. National Security Agency Emerging Technologies 
Panel. 
Subtitle G—Conforming and Other Amendments 
Sec. 1071. Conforming amendments relating to roles of Na-
tional 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 Pro-
gram as National Intelligence Program.
Sec. 1075. Repeal of superseded authorities. 
Sec. 1076. Clerical amendments to National Security Act of 
1947. 
Sec. 1077. Conforming amendments relating to prohibiting dual 
service of the Director of the Central Intelligence 
Agency. 
Sec. 1078. Access to Inspector General protections. 
Sec. 1079. General references. 
Sec. 1080. Application of other laws. 
Subtitle H—Transfer, Termination, Transition and Other 
Provisions 
Sec. 1091. Transfer of community management staff. 
Sec. 1092. Transfer of terrorist threat integration center. 
Sec. 1093. Termination of positions of Assistant Directors of 
Central Intelligence. 
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
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Sec. 1111. Interoperable law enforcement and intelligence data 
system. 
Sec. 1112. Improvement of intelligence capabilities of the Fed-
eral Bureau of Investigation. 
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 ter-
rorism 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 ter-
rorist organization. 
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 de-
struction threats to the United States. 
Subtitle E—Money Laundering and Terrorist Financing 
CHAPTER 1—FUNDING TO COMBAT FINANCIAL CRIMES INCLUDING 
TERRORIST FINANCING 
Sec. 2101. Additional authorization for FinCEN. 
Sec. 2102. Money laundering and financial crimes strategy re-
authorization. 
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.
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SUBCHAPTER B—ADDITIONAL ENFORCEMENT TOOLS 
Sec. 2121. Bureau of Engraving and Printing security printing. 
Sec. 2122. Conduct in aid of counterfeiting. 
Sec. 2123. Reporting of cross-border transmittal of funds. 
Sec. 2124. Enhanced effectiveness of examinations, including 
anti-money laundering programs. 
SUBCHAPTER C—UNLAWFUL INTERNET GAMBLING FUNDING 
PROHIBITION 
Sec. 2131. Short title. 
Sec. 2132. Findings. 
Sec. 2133. Policies and procedures required to prevent payments 
for unlawful internet gambling. 
Sec. 2134. Definitions. 
Sec. 2135. Common sense rule of construction. 
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 pro-
gram. 
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 Fed-
eral Bureau of Investigation. 
TITLE III—BORDER SECURITY AND TERRORIST TRAVEL
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Subtitle A—Immigration Reform in the National Interest 
CHAPTER 1—GENERAL PROVISIONS 
Sec. 3001. Eliminating the ‘‘Western Hemisphere’’ exception for 
citizens. 
Sec. 3002. Modification of waiver authority with respect to doc-
umentation requirements 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 en-
forcement investigators. 
Sec. 3005. Alien identification standards. 
Sec. 3006. Expedited removal. 
Sec. 3007. Preventing terrorists from obtaining asylum. 
Sec. 3008. Revocation of visas and other travel documentation. 
Sec. 3009. Judicial review of orders of removal. 
CHAPTER 2—DEPORTATION OF TERRORISTS AND SUPPORTERS OF 
TERRORISM 
Sec. 3031. Expanded inapplicability of restriction on removal. 
Sec. 3032. Exception to restriction on removal for terrorists and 
criminals. 
Sec. 3033. Additional removal authorities. 
Subtitle B—Identity Management Security 
CHAPTER 1—IMPROVED SECURITY FOR DRIVERS’ LICENSES AND 
PERSONAL IDENTIFICATION CARDS 
Sec. 3051. Definitions. 
Sec. 3052. Minimum 
document 
requirements 
and 
issuance 
standards for Federal recognition. 
Sec. 3053. Linking of databases. 
Sec. 3054. Trafficking in authentication features for use in 
false identification documents. 
Sec. 3055. Grants to States. 
Sec. 3056. Authority. 
CHAPTER 2—IMPROVED SECURITY FOR BIRTH CERTIFICATES 
Sec. 3061. Definitions. 
Sec. 3062. Applicability of minimum standards to local govern-
ments. 
Sec. 3063. Minimum standards for Federal recognition. 
Sec. 3064. Establishment of electronic birth and death registra-
tion 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 reg-
istrations.
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Sec. 3072. Independent verification of birth records provided in 
support of applications for social security account 
numbers. 
Sec. 3073. Enumeration at birth. 
Sec. 3074. Study relating to use of photographic identification 
in connection with applications for benefits, social 
security account numbers, and social security 
cards. 
Sec. 3075. Restrictions on issuance of multiple replacement so-
cial security cards. 
Sec. 3076. Study relating to modification of the social security 
account numbering system to show work author-
ization 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 ter-
rorist travel through the use of fraudulently ob-
tained documents. 
Sec. 3089. International standards for translation of names 
into the Roman alphabet 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 Department 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.
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Sec. 4002. Reports on terrorist sanctuaries. 
Sec. 4003. Amendments to existing law to include terrorist sanc-
tuaries. 
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 stra-
tegic weapons. 
Sec. 4013. International agreements to interdict acts of inter-
national terrorism. 
Sec. 4014. Effective Coalition approach toward detention and 
humane treatment of captured terrorists. 
Sec. 4015. Sense of Congress and report regarding counter-drug 
efforts in Afghanistan. 
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 organi-
zations. 
Sec. 4034. Increased training in multilateral diplomacy. 
Sec. 4035. Implementation and establishment of Office on Multi-
lateral Negotiations. 
CHAPTER 3—OTHER PROVISIONS 
Sec. 4041. Pilot program to provide grants to American-spon-
sored 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.
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Sec. 4052. Inclusion in annual Department of State country re-
ports on terrorism of information on terrorist 
groups that seek weapons of mass destruction and 
groups that have been designated as foreign ter-
rorist 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 Free-
dom 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 pri-
vate militias and to support expansion of inter-
national peacekeeping and security operations in 
Afghanistan. 
Sec. 4067. Efforts to expand international peacekeeping and se-
curity operations in Afghanistan. 
Sec. 4068. Provisions relating to counternarcotics efforts in Af-
ghanistan. 
Sec. 4069. Additional amendments to the Afghanistan Freedom 
Support Act of 2002. 
Sec. 4070. Repeal. 
Subtitle E—Provisions Relating to Saudi Arabia and Pakistan 
Sec. 4081. New United States strategy for relationship with 
Saudi Arabia. 
Sec. 4082. United States commitment to the future of Pakistan. 
Sec. 4083. Extension of Pakistan waivers. 
Subtitle F—Oversight Provisions 
Sec. 4091. Case-Zablocki Act requirements. 
Subtitle G—Additional Protections of United States Aviation 
System from Terrorist Attacks 
Sec. 4101. International agreements to allow maximum deploy-
ment 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 multilat-
eral organizations. 
Sec. 4112. Expanded reporting and testimony requirements for 
the Secretary of the Treasury. 
Sec. 4113. Coordination of United States Government efforts. 
Sec. 4114. Definitions. 
TITLE V—GOVERNMENT RESTRUCTURING
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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 commu-
nications. 
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 reorganiza-
tion 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 cer-
tain employee performance appraisals. 
Sec. 5027. Sense of the House of Representatives on addressing 
homeland security for the American people. 
Subtitle D—Improvements to Information Security 
Sec. 5031. Amendments to Clinger-Cohen provisions to enhance 
agency planning for information security needs. 
Subtitle E—Personnel Management Improvements 
CHAPTER 1—APPOINTMENTS PROCESS REFORM 
Sec. 5041. Appointments to national security positions. 
Sec. 5042. Presidential inaugural transitions. 
Sec. 5043. Public financial disclosure for the intelligence com-
munity. 
Sec. 5044. Reduction of positions requiring appointment with 
Senate confirmation. 
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 Investiga-
tion intelligence directorate. 
CHAPTER 3—MANAGEMENT AUTHORITY 
Sec. 5061. Management authority. 
Subtitle F—Security Clearance Modernization
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Sec. 5071. Definitions. 
Sec. 5072. Security clearance and investigative programs over-
sight and administration. 
Sec. 5073. Reciprocity of security clearance and access deter-
minations. 
Sec. 5074. Establishment of national database. 
Sec. 5075. Use of available technology in clearance investiga-
tions. 
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 
CHAPTER 1—EMERGENCY PREPAREDNESS FOR FISCAL AUTHORITIES 
Sec. 5081. Delegation authority of the Secretary of the Treasury. 
Sec. 5081A. Treasury support for financial services industry 
preparedness and response. 
CHAPTER 2—MARKET PREPAREDNESS 
SUBCHAPTER A—NETTING OF FINANCIAL CONTRACTS 
Sec. 5082. Short title. 
Sec. 5082A. Treatment of certain agreements by conservators or 
receivers of insured depository institutions. 
Sec. 5082B. Authority of the FDIC and NCUAB with respect to 
failed and failing institutions. 
Sec. 5082C. Amendments relating to transfers of qualified fi-
nancial contracts. 
Sec. 5082D. Amendments relating to disaffirmance or repudi-
ation of qualified financial contracts. 
Sec. 5082E. Clarifying amendment relating to master agree-
ments. 
Sec. 5082F. Federal Deposit Insurance Corporation Improve-
ment Act of 1991. 
Sec. 5082G. Bankruptcy code amendments. 
Sec. 5082H. Recordkeeping requirements. 
Sec. 5082I. Exemptions from contemporaneous execution re-
quirement. 
Sec. 5082J. Damage measure. 
Sec. 5082K. SIPC stay. 
Sec. 5082L. Applicability of other sections to chapter 9. 
Sec. 5082M. Effective date; application of amendments. 
Sec. 5082N. Savings clause. 
SUBCHAPTER B—EMERGENCY SECURITIES RESPONSE 
Sec. 5086. Short title. 
Sec. 5087. Extension of emergency order authority of the Securi-
ties and Exchange Commission. 
Sec. 5088. Parallel authority of the Secretary of the Treasury 
with respect to government securities. 
Sec. 5089. Joint report on implementation of financial system 
resilience recommendations.
1791 
Sec. 5089A. Private sector preparedness. 
Sec. 5089B. Report on public/private partnerships. 
Subtitle H—Other Matters 
CHAPTER 1—PRIVACY MATTERS 
Sec. 5091. Requirement that agency rulemaking take into con-
sideration impacts on individual privacy. 
Sec. 5092. Chief privacy officers for agencies with law enforce-
ment or anti-terrorism functions. 
CHAPTER 2—MUTUAL AID AND LITIGATION MANAGEMENT 
Sec. 5101. Short title. 
Sec. 5102. Mutual aid authorized. 
Sec. 5103. Litigation management agreements. 
Sec. 5104. Additional provisions. 
Sec. 5105. Definitions. 
CHAPTER 3—MISCELLANEOUS MATTERS 
Sec. 5131. Enhancement of public safety communications inter-
operability. 
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 Se-
curity Intelligence 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 Se-
curity Act of 1947 (50 U.S.C. 402 et seq.) is 
amended by striking sections 102 through 104 
and inserting the following new sections:
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‘‘NATIONAL INTELLIGENCE DIRECTOR 
‘‘SEC. 102. (a) NATIONAL INTELLIGENCE DI-
RECTOR.—(1) There is a National Intelligence 
Director who shall be appointed by the Presi-
dent, by and with the advice and consent of the 
Senate. 
‘‘(2) The National Intelligence Director 
shall not be located within the Executive Of-
fice of the President. 
‘‘(b) PRINCIPAL RESPONSIBILITY.—Subject to 
the authority, direction, and control of the 
President, the National Intelligence Director 
shall— 
‘‘(1) serve as head of the intelligence 
community; 
‘‘(2) act as the principal adviser to the 
President, to the National Security Coun-
cil, and the Homeland Security Council 
for intelligence matters related to the na-
tional security; and 
‘‘(3) through the heads of the depart-
ments containing elements of the intel-
ligence community, and the Central Intel-
ligence Agency, manage and oversee the 
execution of the National Intelligence
1793 
Program and direct the National Intel-
ligence Program. 
‘‘(c) PROHIBITION ON DUAL SERVICE.—The 
individual serving in the position of National 
Intelligence Director shall not, while so serv-
ing, 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
INTEL-
LIGENCE.—(1) Under the direction of the Presi-
dent, the National Intelligence Director shall 
be responsible for ensuring that national intel-
ligence is provided— 
‘‘(A) to the President; 
‘‘(B) to the heads of departments and 
agencies of the executive branch; 
‘‘(C) to the Chairman of the Joint 
Chiefs of Staff and senior military com-
manders; 
‘‘(D) where appropriate, to the Senate 
and House of Representatives and the 
committees thereof; and
1794 
‘‘(E) to such other persons as the Na-
tional Intelligence Director determines to 
be appropriate. 
‘‘(2) Such national intelligence should be 
timely, objective, independent of political con-
siderations, and based upon all sources avail-
able to the intelligence community and other 
appropriate entities. 
‘‘(b) ACCESS TO INTELLIGENCE.—To the ex-
tent approved by the President, the National 
Intelligence Director shall have access to all 
national intelligence and intelligence related 
to the national security which is collected by 
any Federal department, agency, or other enti-
ty, except as otherwise provided by law or, as 
appropriate, under guidelines agreed upon by 
the Attorney General and the National Intel-
ligence Director. 
‘‘(c) BUDGET AUTHORITIES.—(1)(A) The Na-
tional Intelligence Director shall develop and 
present to the President on an annual basis a 
budget for intelligence and intelligence-re-
lated activities of the United States. 
‘‘(B) In carrying out subparagraph (A) for 
any fiscal year for the components of the budg-
1795 
et that comprise the National Intelligence Pro-
gram, the National Intelligence Director shall 
provide guidance to the heads of departments 
containing elements of the intelligence com-
munity, and to the heads of the elements of the 
intelligence community, for development of 
budget inputs to the National Intelligence Di-
rector. 
‘‘(2)(A) The National Intelligence Director 
shall participate 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 in-
telligence community that is not within the 
National Intelligence Program. 
‘‘(3) In carrying out paragraphs (1) and 
(2), the National Intelligence Director may, as 
appropriate, obtain the advice of the Joint In-
telligence Community Council. 
‘‘(4) The National Intelligence Director 
shall ensure the effective execution of the an-
1796 
nual budget for intelligence and intelligence- 
related activities. 
‘‘(5)(A) The National Intelligence Director 
shall facilitate the management and execution 
of funds appropriated for the National Intel-
ligence Program. 
‘‘(B) Notwithstanding any other provision 
of law, in receiving funds pursuant to relevant 
appropriations Acts for the National Intel-
ligence Program, the Office of Management 
and Budget shall apportion funds appro-
priated for the National Intelligence Program 
to the National Intelligence Director for allo-
cation to the elements of the intelligence com-
munity through the host executive depart-
ments that manage programs and activities 
that are part of the National Intelligence Pro-
gram. 
‘‘(C) The National Intelligence Director 
shall monitor the implementation and execu-
tion of the National Intelligence Program by 
the heads of the elements of the intelligence 
community that manage programs and activi-
ties that are part of the National Intelligence
1797 
Program, which may include audits and eval-
uations, as necessary and feasible. 
‘‘(6) Apportionment and allotment of funds 
under this subsection shall be subject to chap-
ter 13 and section 1517 of title 31, United 
States Code, and the Congressional Budget 
and Impoundment Control Act of 1974 (2 
U.S.C. 621 et seq.). 
‘‘(7)(A) The National Intelligence Director 
shall provide a quarterly report, beginning 
April 1, 2005, and ending April 1, 2007, to the 
President and the Congress regarding imple-
mentation of this section. 
‘‘(B) The National Intelligence Director 
shall report to the President and the Congress 
not later than 5 days after learning of any in-
stance in which a departmental comptroller 
acts in a manner inconsistent with the law (in-
cluding permanent statutes, authorization 
Acts, and appropriations Acts), or the direc-
tion of the National Intelligence Director, in 
carrying out the National Intelligence Pro-
gram. 
‘‘(d) ROLE OF NATIONAL INTELLIGENCE DI-
RECTOR
IN
REPROGRAMMING.—(1) No funds
1798 
made available under the National Intel-
ligence Program may be transferred or repro-
grammed without the prior approval of the 
National Intelligence Director, except in ac-
cordance with procedures prescribed by the 
National Intelligence Director. 
‘‘(2) The Secretary of Defense shall consult 
with the National Intelligence Director before 
transferring or reprogramming funds made 
available under the Joint Military Intelligence 
Program. 
‘‘(e) TRANSFER
OF FUNDS
OR PERSONNEL 
WITHIN NATIONAL INTELLIGENCE PROGRAM.—(1) 
In addition to any other authorities available 
under law for such purposes, the National In-
telligence Director, with the approval of the 
Director of the Office of Management and 
Budget— 
‘‘(A) may transfer funds appropriated 
for a program within the National Intel-
ligence Program to another such pro-
gram; and 
‘‘(B) in accordance with procedures to 
be developed by the National Intelligence 
Director and the heads of the departments
1799 
and agencies concerned, may transfer per-
sonnel 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 National 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 
transferred to an activity that is a higher 
priority intelligence 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 Con-
tingencies of the Central Intelligence 
Agency; 
‘‘(iv) in the case of a transfer of funds, 
the transfer results in a cumulative trans-
fer of funds out of any department or
1800 
agency, as appropriate, funded in the Na-
tional Intelligence Program in a single 
fiscal year— 
‘‘(I) that is less than $100,000,000, 
and 
‘‘(II) that is less than 5 percent of 
amounts available to a department or 
agency 
under 
the 
National 
Intel-
ligence Program; and 
‘‘(v) the transfer does not terminate a 
program. 
‘‘(B) A transfer may be made without re-
gard to a limitation set forth in clause (iv) or 
(v) of subparagraph (A) if the transfer has the 
concurrence of the head of the department or 
agency involved. The authority to provide such 
concurrence may only be delegated by the head 
of the department or agency involved to the 
deputy of such officer. 
‘‘(4) Funds transferred under this sub-
section shall remain available for the same pe-
riod as the appropriations account to which 
transferred. 
‘‘(5) Any transfer of funds under this sub-
section shall be carried out in accordance
1801 
with existing procedures applicable to re-
programming notifications for the appro-
priate congressional committees. Any proposed 
transfer for which notice is given to the appro-
priate congressional committees shall be ac-
companied by a report explaining the nature 
of the proposed transfer and how it satisfies 
the requirements of this subsection. In addi-
tion, the congressional intelligence committees 
shall be promptly notified of any transfer of 
funds made pursuant to this subsection in any 
case in which the transfer would not have oth-
erwise required reprogramming notification 
under procedures in effect as of the date of the 
enactment of this subsection. 
‘‘(6)(A) The National Intelligence Director 
shall promptly submit to— 
‘‘(i) 
the 
congressional 
intelligence 
committees, 
‘‘(ii) in the case of the transfer of per-
sonnel to or from the Department of De-
fense, the Committee on Armed Services of 
the Senate and the Committee on Armed 
Services of the House of Representatives, 
and
1802 
‘‘(iii) in the case of the transfer of per-
sonnel to or from the Department of Jus-
tice, to the Committees on the Judiciary of 
the Senate and the House of Representa-
tives, 
a report on any transfer of personnel made 
pursuant to this subsection. 
‘‘(B) The Director shall include in any 
such report an explanation of the nature of the 
transfer and how it satisfies the requirements 
of this subsection. 
‘‘(f) TASKING
AND OTHER AUTHORITIES.— 
(1)(A) The National Intelligence Director 
shall— 
‘‘(i) develop collection objectives, pri-
orities, and guidance for the intelligence 
community to ensure timely and effective 
collection, processing, analysis, and dis-
semination (including access by users to 
collected data consistent with applicable 
law and, as appropriate, the guidelines 
referred to in subsection (b) and analytic 
products generated by or within the intel-
ligence community) of national intel-
ligence;
1803 
‘‘(ii) determine and establish require-
ments and priorities for, and manage and 
direct the tasking of, collection, analysis, 
production, and dissemination of na-
tional intelligence by elements of the in-
telligence community, including— 
‘‘(I) approving requirements for 
collection and analysis, and 
‘‘(II) resolving conflicts in collec-
tion requirements and in the tasking 
of national collection assets of the ele-
ments of the intelligence community; 
and 
‘‘(iii) provide advisory tasking to intel-
ligence elements of those agencies and de-
partments not within the National Intel-
ligence Program. 
‘‘(B) The authority of the National Intel-
ligence Director under subparagraph (A) shall 
not apply— 
‘‘(i) insofar as the President so directs; 
‘‘(ii) with respect to clause (ii) of sub-
paragraph (A), insofar as the Secretary of 
Defense exercises tasking authority under 
plans or arrangements agreed upon by the
1804 
Secretary of Defense and the National In-
telligence Director; or 
‘‘(iii) to the direct dissemination of in-
formation 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 determines 
necessary. 
‘‘(3)(A) The National Intelligence Director 
shall prescribe community-wide personnel 
policies that— 
‘‘(i) facilitate assignments across com-
munity elements and to the intelligence 
centers; 
‘‘(ii) establish overarching standards 
for intelligence education and training; 
and 
‘‘(iii) promote the most effective anal-
ysis and collection of intelligence by en-
suring a diverse workforce, including the
1805 
recruitment and training of women, mi-
norities, and individuals with diverse, 
ethnic, and linguistic backgrounds. 
‘‘(B) In developing the policies prescribed 
under subparagraph (A), the National Intel-
ligence Director shall consult with the heads 
of the departments containing the elements of 
the intelligence community. 
‘‘(C) Policies prescribed under subpara-
graph (A) shall not be inconsistent with the 
personnel policies otherwise 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 intel-
ligence community through the host executive 
departments that manage the programs and 
activities that are part of the National Intel-
ligence Program. 
‘‘(5) The National Intelligence Director 
shall ensure the elimination of waste and un-
necessary duplication within the intelligence 
community.
1806 
‘‘(6) The National Intelligence Director 
shall perform such other functions as the 
President may direct. 
Nothing in this Act shall be construed as af-
fecting the role of the Department of Justice or 
the Attorney General with respect to applica-
tions under the Foreign Intelligence Surveil-
lance Act of 1978. 
‘‘(g) INTELLIGENCE INFORMATION SHARING.— 
(1) The National Intelligence Director shall 
have principal authority to ensure maximum 
availability of and access to intelligence infor-
mation within the intelligence community con-
sistent with national security requirements. 
The National Intelligence Director shall— 
‘‘(A) establish uniform security stand-
ards and procedures; 
‘‘(B) establish common information 
technology 
standards, 
protocols, 
and 
interfaces; 
‘‘(C) ensure development of informa-
tion 
technology 
systems 
that 
include 
multi-level security and intelligence inte-
gration capabilities; and
1807 
‘‘(D) establish policies and procedures 
to resolve conflicts between the need to 
share intelligence information and the 
need to protect intelligence sources and 
methods. 
‘‘(2) The President shall ensure that the 
National Intelligence Director has all nec-
essary support and authorities to fully and ef-
fectively implement paragraph (1). 
‘‘(3) Except as otherwise directed by the 
President or with the specific written agree-
ment of the head of the department or agency 
in question, a Federal agency or official shall 
not be considered to have met any obligation 
to provide any information, report, assess-
ment, 
or 
other 
material 
(including 
unevaluated intelligence information) to that 
department or agency solely by virtue of hav-
ing provided that information, report, assess-
ment, or other material to the National Intel-
ligence Director or the National counter-
terrorism Center. 
‘‘(4) Not later than February 1 of each 
year, the National Intelligence Director shall 
submit to the President and to the Congress an
1808 
annual report that identifies any statute, reg-
ulation, 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 Intel-
ligence Director shall ensure that all elements 
of the intelligence community strive for the 
most accurate analysis of intelligence derived 
from all sources to support national security 
needs. 
‘‘(2) The National Intelligence Director 
shall ensure that intelligence analysis gen-
erally receives the highest priority when dis-
tributing resources within the intelligence 
community and shall carry out duties under 
this subsection in a manner that— 
‘‘(A) develops all-source analysis tech-
niques; 
‘‘(B) ensures competitive analysis; 
‘‘(C) ensures that differences in judg-
ment are fully considered and brought to 
the attention of policymakers; and 
‘‘(D) builds relationships between in-
telligence collectors and analysts to facili-
1809 
tate greater understanding of the needs of 
analysts. 
‘‘(i) PROTECTION OF INTELLIGENCE SOURCES 
AND METHODS.—(1) In order to protect intel-
ligence sources and methods from unauthor-
ized disclosure and, consistent with that pro-
tection, to maximize the dissemination of intel-
ligence, the National Intelligence Director 
shall establish and implement guidelines for 
the intelligence community for the following 
purposes: 
‘‘(A) Classification of information. 
‘‘(B) Access to and dissemination of 
intelligence, both in final form and in the 
form when initially gathered. 
‘‘(C) Preparation of intelligence prod-
ucts in such a way that source informa-
tion is removed to allow for dissemination 
at the lowest level of classification pos-
sible or in unclassified form to the extent 
practicable. 
‘‘(2) The Director may only delegate a duty 
or authority given the Director under this sub-
section to the Deputy National Intelligence Di-
rector.
1810 
‘‘(j) UNIFORM PROCEDURES
FOR SENSITIVE 
COMPARTMENTED
INFORMATION.—The 
Presi-
dent, acting through the National Intelligence 
Director, shall— 
‘‘(1) establish uniform standards and 
procedures for the grant of access to sen-
sitive compartmented information to any 
officer or employee of any agency or de-
partment of the United States and to em-
ployees of contractors of those agencies or 
departments; 
‘‘(2) ensure the consistent implementa-
tion of those standards and procedures 
throughout such agencies and depart-
ments; 
‘‘(3) ensure that security clearances 
granted by individual elements of the in-
telligence community are recognized by 
all elements of the intelligence commu-
nity, and under contracts entered into by 
those agencies; and 
‘‘(4) ensure that the process for inves-
tigation and adjudication of an applica-
tion for access to sensitive compartmented 
information is performed in the most ex-
1811 
peditious manner possible consistent with 
applicable standards for national secu-
rity. 
‘‘(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 commu-
nity and the intelligence or security services of 
foreign governments on all matters involving 
intelligence related to the national security or 
involving intelligence acquired through clan-
destine means. 
‘‘(l) ENHANCED PERSONNEL MANAGEMENT.— 
(1)(A) The National Intelligence Director 
shall, under regulations prescribed by the Di-
rector, provide incentives for personnel of ele-
ments of the intelligence community to serve— 
‘‘(i) on the staff of the National Intel-
ligence Director; 
‘‘(ii) on the staff of the national intel-
ligence centers;
1812 
‘‘(iii) on the staff of the National 
counterterrorism Center; and 
‘‘(iv) in other positions in support of 
the intelligence community management 
functions of the Director. 
‘‘(B) Incentives under subparagraph (A) 
may include financial incentives, bonuses, and 
such other awards and incentives as the Direc-
tor considers appropriate. 
‘‘(2)(A) Notwithstanding any other provi-
sion of law, the personnel of an element of the 
intelligence community who are assigned or 
detailed under paragraph (1)(A) to service 
under the National Intelligence Director shall 
be promoted at rates equivalent to or better 
than personnel of such element who are not so 
assigned or detailed. 
‘‘(B) The Director may prescribe regula-
tions to carry out this section. 
‘‘(3)(A) The National Intelligence Director 
shall prescribe mechanisms to facilitate the 
rotation of personnel of the intelligence com-
munity through various elements of the intel-
ligence community in the course of their ca-
reers in order to facilitate the widest possible
1813 
understanding by such personnel of the variety 
of intelligence requirements, methods, users, 
and capabilities. 
‘‘(B) The mechanisms prescribed under 
subparagraph (A) may include the following: 
‘‘(i) The establishment of special occu-
pational categories involving service, over 
the course of a career, in more than one 
element of the intelligence community. 
‘‘(ii) The provision of rewards for serv-
ice in positions undertaking analysis and 
planning of operations involving two or 
more elements of the intelligence commu-
nity. 
‘‘(iii) The establishment of require-
ments for education, training, service, 
and evaluation that involve service in 
more than one element of the intelligence 
community. 
‘‘(C) It is the sense of Congress that the 
mechanisms prescribed under this subsection 
should, to the extent practical, seek to dupli-
cate for civilian personnel within the intel-
ligence community the joint officer manage-
ment policies established by chapter 38 of title
1814 
10, United States Code, and the other amend-
ments made by title IV of the Goldwater-Nich-
ols Department of Defense Reorganization Act 
of 1986 (Public Law 99–433). 
‘‘(4)(A) This subsection shall not apply 
with respect to personnel of the elements of the 
intelligence community who are members of 
the uniformed services or law enforcement offi-
cers (as that term is defined in section 5541(3) 
of title 5, United States Code). 
‘‘(B) Assignment to the Office of the Na-
tional Intelligence Director of commissioned 
officers of the Armed Forces shall be consid-
ered a joint-duty assignment for purposes of 
the joint officer management policies pre-
scribed by chapter 38 of title 10, United States 
Code, and other provisions of that title. 
‘‘(m) ADDITIONAL AUTHORITY WITH RESPECT 
TO PERSONNEL.—(1) In addition to the authori-
ties under subsection (f)(3), the National Intel-
ligence Director may exercise with respect to 
the personnel of the Office of the National In-
telligence Director any authority of the Direc-
tor of the Central Intelligence Agency with re-
spect to the personnel of the Central Intel-
1815 
ligence Agency under the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403a et seq.), and 
other applicable provisions of law, as of the 
date of the enactment of this subsection to the 
same extent, and subject to the same condi-
tions and limitations, that the Director of the 
Central Intelligence Agency may exercise such 
authority with respect to personnel of the Cen-
tral Intelligence Agency. 
‘‘(2) Employees and applicants for employ-
ment of the Office of the National Intelligence 
Director shall have the same rights and pro-
tections under the Office of the National Intel-
ligence Director as employees of the Central 
Intelligence Agency have under the Central In-
telligence Agency Act of 1949, and other appli-
cable provisions of law, as of the date of the 
enactment of this subsection. 
‘‘(n) ACQUISITION AUTHORITIES.—(1) In car-
rying out the responsibilities and authorities 
under this section, the National Intelligence 
Director may exercise the acquisition authori-
ties referred to in the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403a et seq.).
1816 
‘‘(2) For the purpose of the exercise of any 
authority referred to in paragraph (1), a ref-
erence to the head of an agency shall be 
deemed to be a reference to the National Intel-
ligence Director or the Deputy National Intel-
ligence Director. 
‘‘(3)(A) Any determination or decision to be 
made under an authority referred to in para-
graph (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 Intelligence Director may, in 
such official’s discretion, delegate to any offi-
cer or other official of the Office of the Na-
tional Intelligence Director any authority to 
make a determination or decision as the head 
of the agency under an authority referred to in 
paragraph (1). 
‘‘(C) The limitations and conditions set 
forth in section 3(d) of the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403c(d)) shall 
apply to the exercise by the National Intel-
1817 
ligence Director of an authority referred to in 
paragraph (1). 
‘‘(D) Each determination or decision re-
quired by an authority referred to in the sec-
ond sentence of section 3(d) of the Central In-
telligence Agency Act of 1949 shall be based 
upon written findings made by the official 
making such determination or decision, which 
findings shall be final and shall be available 
within the Office of the National Intelligence 
Director for a period of at least six years fol-
lowing the date of such determination or deci-
sion. 
‘‘(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 in-
telligence community and of the Director of 
the Central Intelligence Agency. 
‘‘OFFICE OF THE NATIONAL INTELLIGENCE 
DIRECTOR 
‘‘SEC. 103. (a) ESTABLISHMENT OF OFFICE; 
FUNCTION.—(1) There is an Office of the Na-
tional Intelligence Director. The Office of the
1818 
National Intelligence Director shall not be lo-
cated within the Executive Office of the Presi-
dent. 
‘‘(2) The function of the Office is to assist 
the National Intelligence Director in carrying 
out the duties and responsibilities of the Direc-
tor under this Act and to carry out such other 
duties as may be prescribed by the President 
or by law. 
‘‘(3) Any authority, power, or function vest-
ed by law in any officer, employee, or part of 
the Office of the National Intelligence Director 
is vested in, or may be exercised by, the Na-
tional Intelligence Director. 
‘‘(4) Exemptions, exceptions, and exclu-
sions for the Central Intelligence Agency or for 
personnel, resources, or activities of such 
Agency from otherwise applicable laws, other 
than the exception contained in section 
104A(c)(1) shall apply in the same manner to 
the Office of the National Intelligence Director 
and the personnel, resources, or activities of 
such Office.
1819 
‘‘(b) OFFICE OF NATIONAL INTELLIGENCE DI-
RECTOR.—(1) The Office of the National Intel-
ligence Director is composed of the following: 
‘‘(A) The National Intelligence Direc-
tor. 
‘‘(B) The Deputy National Intelligence 
Director. 
‘‘(C) The Deputy National Intelligence 
Director for Operations. 
‘‘(D) The Deputy National Intelligence 
Director for Community Management and 
Resources. 
‘‘(E) The Associate National Intel-
ligence Director for Military Support. 
‘‘(F) The Associate National Intel-
ligence Director for Domestic Security. 
‘‘(G) The Associate National Intel-
ligence Director for Diplomatic Affairs. 
‘‘(H) The National Intelligence Coun-
cil. 
‘‘(I) The General Counsel to the Na-
tional Intelligence Director. 
‘‘(J) Such other offices and officials as 
may be established by law or the National
1820 
Intelligence Director may establish or des-
ignate in the Office. 
‘‘(2) To assist the National Intelligence Di-
rector in fulfilling the duties and responsibil-
ities of the Director, the Director shall employ 
and utilize in the Office of the National Intel-
ligence Director a staff having expertise in 
matters relating to such duties and respon-
sibilities and may establish permanent posi-
tions and appropriate rates of pay with re-
spect to such staff. 
‘‘(c) DEPUTY NATIONAL INTELLIGENCE DIREC-
TOR.—(1) There is a Deputy National Intel-
ligence Director who shall be appointed by the 
President, by and with the advice and consent 
of the Senate. 
‘‘(2) The Deputy National Intelligence Di-
rector shall assist the National Intelligence 
Director in carrying out the responsibilities of 
the National Intelligence Director under this 
Act. 
‘‘(3) The Deputy National Intelligence Di-
rector shall act for, and exercise the powers of, 
the National Intelligence Director during the 
absence or disability of the National Intel-
1821 
ligence Director or during a vacancy in the po-
sition of the National Intelligence Director. 
‘‘(4) The Deputy National Intelligence Di-
rector takes precedence in the Office of the Na-
tional Intelligence Director immediately after 
the National Intelligence Director. 
‘‘(d) DEPUTY NATIONAL INTELLIGENCE DI-
RECTOR FOR OPERATIONS.—(1) There is a Dep-
uty National Intelligence Director for Oper-
ations. 
‘‘(2) The Deputy National Intelligence Di-
rector for Operations shall— 
‘‘(A) assist the National Intelligence 
Director in all aspects of intelligence op-
erations, including intelligence tasking, 
requirements, collection, and analysis; 
‘‘(B) assist the National Intelligence 
Director in overseeing the national intel-
ligence centers; and 
‘‘(C) perform such other duties and ex-
ercise such powers as National Intel-
ligence Director may prescribe. 
‘‘(e) DEPUTY NATIONAL INTELLIGENCE DIREC-
TOR
FOR
COMMUNITY
MANAGEMENT
AND
RE-
SOURCES.—(1) There is a Deputy National In-
1822 
telligence Director for Community Manage-
ment and Resources. 
‘‘(2) The Deputy National Intelligence Di-
rector for Community Management and Re-
sources shall— 
‘‘(A) assist the National Intelligence 
Director in all aspects of management 
and resources, including administration, 
budgeting, 
information 
security, 
per-
sonnel, training, and programmatic func-
tions; and 
‘‘(B) perform such other duties and ex-
ercise such powers as the National Intel-
ligence Director may prescribe. 
‘‘(f) ASSOCIATE NATIONAL INTELLIGENCE DI-
RECTOR FOR MILITARY SUPPORT.—(1) There is 
an Associate National Intelligence Director 
for Military Support who shall be appointed by 
the National Intelligence Director, in con-
sultation with the Secretary of Defense. 
‘‘(2) The Associate National Intelligence 
Director for Military Support shall— 
‘‘(A) ensure that the intelligence needs 
of the Department of Defense are met; and
1823 
‘‘(B) perform such other duties and ex-
ercise such powers as the National Intel-
ligence Director may prescribe. 
‘‘(g) ASSOCIATE NATIONAL INTELLIGENCE DI-
RECTOR FOR DOMESTIC SECURITY.—(1) There is 
an Associate National Intelligence Director 
for Domestic Security who shall be appointed 
by the National Intelligence Director in con-
sultation with the Attorney General and the 
Secretary of Homeland Security. 
‘‘(2) The Associate National Intelligence 
Director for Domestic Security shall— 
‘‘(A) ensure that the intelligence needs 
of the Department of Justice, the Depart-
ment of Homeland Security, and other rel-
evant executive departments and agencies 
are met; and 
‘‘(B) perform such other duties and ex-
ercise such powers as the National Intel-
ligence Director may prescribe, except 
that the National Intelligence Director 
may not make such officer responsible for 
disseminating any domestic or homeland 
security information to State government
1824 
or local government officials or any pri-
vate sector entity. 
‘‘(h) ASSOCIATE NATIONAL INTELLIGENCE DI-
RECTOR FOR DIPLOMATIC AFFAIRS.—(1) There is 
an Associate National Intelligence Director 
for Diplomatic Affairs who shall be appointed 
by the National Intelligence Director in con-
sultation with the Secretary of State. 
‘‘(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 ex-
ercise such powers as the National Intel-
ligence Director may prescribe. 
‘‘(i) MILITARY STATUS
OF DIRECTOR
AND 
DEPUTY DIRECTORS.—(1) Not more than one of 
the individuals serving in the positions speci-
fied in paragraph (2) may be a commissioned 
officer of the Armed Forces in active status. 
‘‘(2) The positions referred to in this para-
graph are the following: 
‘‘(A) The National Intelligence Direc-
tor.
1825 
‘‘(B) The Deputy National Intelligence 
Director. 
‘‘(3) It is the sense of Congress that, under 
ordinary circumstances, it is desirable that 
one of the individuals serving in the positions 
specified in paragraph (2)— 
‘‘(A) be a commissioned officer of the 
Armed Forces, in active status; or 
‘‘(B) have, by training or experience, 
an appreciation of military intelligence 
activities and requirements. 
‘‘(4) A commissioned officer of the Armed 
Forces, while serving in a position specified in 
paragraph (2)— 
‘‘(A) shall not be subject to supervision 
or control by the Secretary of Defense or 
by any officer or employee of the Depart-
ment of Defense; 
‘‘(B) shall not exercise, by reason of 
the officer’s status as a commissioned offi-
cer, any supervision or control with re-
spect to any of the military or civilian per-
sonnel of the Department of Defense ex-
cept as otherwise authorized by law; and
1826 
‘‘(C) shall not be counted against the 
numbers and percentages of commis-
sioned officers of the rank and grade of 
such officer authorized for the military 
department of that officer. 
‘‘(5) Except as provided in subparagraph 
(A) or (B) of paragraph (4), the appointment 
of an officer of the Armed Forces to a position 
specified in paragraph (2) shall not affect the 
status, position, rank, or grade of such officer 
in the Armed Forces, or any emolument, per-
quisite, right, privilege, or benefit incident to 
or arising out of such status, position, rank, or 
grade. 
‘‘(6) A commissioned officer of the Armed 
Forces on active duty who is appointed to a po-
sition specified in paragraph (2), while serv-
ing in such position and while remaining on 
active duty, shall continue to receive military 
pay and allowances and shall not receive the 
pay prescribed for such position. Funds from 
which such pay and allowances are paid shall 
be reimbursed from funds available to the Na-
tional Intelligence Director.
1827 
‘‘(j) NATIONAL INTELLIGENCE COUNCIL.—(1) 
Within the Office of the Deputy National Intel-
ligence Director for Operations, there is a Na-
tional Intelligence Council. 
‘‘(2)(A) The National Intelligence Council 
shall be composed of senior analysts within 
the intelligence community and substantive 
experts from the public and private sector, 
who shall be appointed by and report to the 
Deputy National Intelligence Director for Op-
erations. 
‘‘(B) The Director shall prescribe appro-
priate security requirements for personnel ap-
pointed from the private sector as a condition 
of service on the Council, or as contractors of 
the Council or employees of such contractors, 
to ensure the protection of intelligence sources 
and methods while avoiding, wherever pos-
sible, unduly intrusive requirements which the 
Director considers to be unnecessary for this 
purpose. 
‘‘(3) The National Intelligence Council 
shall— 
‘‘(A) produce national intelligence es-
timates for the United States Government,
1828 
which shall include as a part of such esti-
mates in their entirety, alternative views, 
if any, held by elements of the intelligence 
community; 
‘‘(B) evaluate community-wide collec-
tion and production of intelligence by the 
intelligence community and the require-
ments and resources of such collection 
and production; and 
‘‘(C) otherwise assist the National In-
telligence Director in carrying out the re-
sponsibility of the National Intelligence 
Director to provide national intelligence. 
‘‘(4) Within their respective areas of exper-
tise and under the direction of the Deputy Na-
tional Intelligence Director for Operations, the 
members of the National Intelligence Council 
shall constitute the senior intelligence advis-
ers of the intelligence community for purposes 
of representing the views of the intelligence 
community within the United States Govern-
ment. 
‘‘(5) Subject to the direction and control of 
the Deputy National Intelligence Director for 
Operations, the National Intelligence Council
1829 
may carry out its responsibilities under this 
section by contract, including contracts for 
substantive experts necessary to assist the 
Council with particular assessments under 
this subsection. 
‘‘(6) The Deputy National Intelligence Di-
rector for Operations shall make available to 
the National Intelligence Council such per-
sonnel as may be necessary to permit the Coun-
cil to carry out its responsibilities under this 
section. 
‘‘(7) The heads of the elements of the intel-
ligence community shall, as appropriate, fur-
nish such support to the National Intelligence 
Council, including the preparation of intel-
ligence analyses, as may be required by the Na-
tional Intelligence Director. 
‘‘(k) GENERAL COUNSEL TO THE NATIONAL 
INTELLIGENCE DIRECTOR.—(1) There is a Gen-
eral Counsel to the National Intelligence Di-
rector. 
‘‘(2) The individual serving in the position 
of General Counsel to the National Intel-
ligence Director may not, while so serving, also
1830 
serve as the General Counsel of any other 
agency or department of the United States. 
‘‘(3) The General Counsel to the National 
Intelligence Director is the chief legal officer 
for the National Intelligence Director. 
‘‘(4) The General Counsel to the National 
Intelligence Director shall perform such func-
tions as the National Intelligence Director 
may prescribe. 
‘‘(l) INTELLIGENCE COMMUNITY INFORMATION 
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 Com-
munity Information Technology Officer is to 
assist the National Intelligence Director in en-
suring the sharing of information in the full-
est and most prompt manner between and 
among elements of the intelligence community 
consistent with section 102A(g). 
‘‘(3) The Intelligence Community Informa-
tion Technology Officer shall— 
‘‘(A) assist the Deputy National Intel-
ligence Director for Community Manage-
1831 
ment and Resources in developing and im-
plementing an integrated information 
technology network; 
‘‘(B) develop an enterprise architec-
ture for the intelligence community and 
assist the Deputy National Intelligence 
Director for Community Management and 
Resources in ensuring that elements of the 
intelligence community comply with such 
architecture; 
‘‘(C) have procurement approval au-
thority over all enterprise architecture-re-
lated information technology items fund-
ed in the National Intelligence Program; 
‘‘(D) ensure that all such elements 
have the most direct and continuous elec-
tronic access to all information (includ-
ing unevaluated intelligence consistent 
with existing laws and the guidelines re-
ferred to in section 102A(b)) necessary for 
appropriately cleared analysts to conduct 
comprehensive all-source analysis and for 
appropriately 
cleared 
policymakers 
to 
perform their duties—
1832 
‘‘(i) directly, in the case of the ele-
ments of the intelligence community 
within the National Intelligence Pro-
gram, and 
‘‘(ii) in conjunction with the Sec-
retary of Defense and other applicable 
heads 
of 
departments 
with 
intel-
ligence elements outside the National 
Intelligence Program; 
‘‘(E) review and provide recommenda-
tions to the Deputy National Intelligence 
Director for Community Management and 
Resources on National Intelligence Pro-
gram budget requests for information 
technology and national security systems; 
‘‘(F) assist the Deputy National Intel-
ligence Director for Community Manage-
ment and Resources in promulgating and 
enforcing standards on information tech-
nology and national security systems that 
apply throughout the elements of the in-
telligence community; 
‘‘(G) ensure that within and between 
the elements of the National Intelligence 
Program, duplicative and unnecessary in-
1833 
formation technology and national secu-
rity systems are eliminated; and 
‘‘(H) pursuant to the direction of the 
National Intelligence Director, consult 
with the Director of the Office of Manage-
ment and Budget to ensure that the Office 
of the National Intelligence Director co-
ordinates and complies with national se-
curity requirements consistent with appli-
cable law, Executive orders, and guid-
ance; and 
‘‘(I) perform such other duties with re-
spect to the information systems and in-
formation technology of the Office of the 
National Intelligence Director as may be 
prescribed by the Deputy National Intel-
ligence Director for Community Manage-
ment and Resources or specified by law. 
‘‘CENTRAL INTELLIGENCE AGENCY 
‘‘SEC. 104. (a) CENTRAL INTELLIGENCE AGEN-
CY.—There is a Central Intelligence Agency. 
‘‘(b) FUNCTION.—The function of the Cen-
tral Intelligence Agency is to assist the Direc-
tor of the Central Intelligence Agency in car-
rying out the responsibilities specified in sec-
tion 104A(c).
1834 
‘‘DIRECTOR OF THE CENTRAL INTELLIGENCE 
AGENCY 
‘‘SEC. 104A. (a) DIRECTOR OF CENTRAL IN-
TELLIGENCE AGENCY.—There is a Director of the 
Central Intelligence Agency who shall be ap-
pointed by the President, by and with the ad-
vice and consent of the Senate. The Director 
shall be under the authority, direction, and 
control of the National Intelligence Director, 
except as otherwise determined by the Presi-
dent. 
‘‘(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 spec-
ified in subsection (c); and 
‘‘(2) serve as the head of the Central 
Intelligence Agency. 
‘‘(c) RESPONSIBILITIES.—The Director of the 
Central Intelligence Agency shall— 
‘‘(1) 
collect 
intelligence 
through 
human sources and by other appropriate 
means, except that the Director of the 
Central Intelligence Agency shall have no
1835 
police, subpoena, or law enforcement pow-
ers or internal security functions; 
‘‘(2) provide overall direction for the 
collection of national intelligence through 
human sources by elements of the intel-
ligence community authorized to under-
take such collection and, in coordination 
with other agencies of the Government 
which are authorized to undertake such 
collection, ensure that the most effective 
use is made of resources and that the 
risks to the United States and those in-
volved in such collection are minimized; 
‘‘(3) correlate and evaluate intel-
ligence related to the national security 
and provide appropriate dissemination of 
such intelligence; 
‘‘(4) perform such additional services 
as are of common concern to the elements 
of the intelligence community, which serv-
ices the National Intelligence Director de-
termines can be more efficiently accom-
plished centrally; and 
‘‘(5) perform such other functions and 
duties related to intelligence affecting the
1836 
national security as the President or the 
National Intelligence Director may direct. 
‘‘(d) DEPUTY DIRECTOR OF THE CENTRAL IN-
TELLIGENCE AGENCY.—There is a Deputy Direc-
tor of the Central Intelligence Agency who 
shall be appointed by the President. The Dep-
uty Director shall perform such functions as 
the Director may prescribe and shall perform 
the duties of the Director during the Director’s 
absence or disability or during a vacancy in 
the position of the Director of the Central In-
telligence Agency. 
‘‘(e) TERMINATION OF EMPLOYMENT OF CIA 
EMPLOYEES.—(1) Notwithstanding the provi-
sions of any other law, the Director of the Cen-
tral Intelligence Agency may, in the discretion 
of the Director, terminate the employment of 
any officer or employee of the Central Intel-
ligence Agency whenever the Director con-
siders the termination of employment of such 
officer or employee necessary or advisable in 
the interests of the United States. 
‘‘(2) Any termination of employment of an 
officer or employee under paragraph (1) shall 
not affect the right of the officer or employee
1837 
to seek or accept employment in any other de-
partment, agency, or element of the United 
States Government if declared eligible for such 
employment by the Office of Personnel Man-
agement.’’. 
(b) FIRST DIRECTOR.—(1) When the Senate 
receives the nomination of a person for the ini-
tial appointment by the President for the posi-
tion of National Intelligence Director, it shall 
consider and dispose of such nomination with-
in a period of 30 legislative days. 
(2) If the Senate does not dispose of such 
nomination referred to in paragraph (1) with-
in such period— 
(A) Senate confirmation is not re-
quired; and 
(B) the appointment of such nominee 
as National Intelligence Director takes ef-
fect upon administration of the oath of of-
fice. 
(3) For the purposes of this subsection, the 
term ‘‘legislative day’’ means a day on which 
the Senate is in session.
1838 
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 amend-
ed to read as follows: 
‘‘(5) The terms ‘national intelligence’ 
and ‘intelligence related to national secu-
rity’ refer to all intelligence, regardless of 
the source from which derived and includ-
ing information gathered within or out-
side the United States, that— 
‘‘(A) pertains, as determined con-
sistent with any guidance issued by 
the President, to more than one 
United 
States 
Government 
agency; 
and 
‘‘(B) that involves— 
‘‘(i) 
threats 
to 
the 
United 
States, its people, property, or in-
terests; 
‘‘(ii) 
the 
development, 
pro-
liferation, or use of weapons of 
mass destruction; or 
‘‘(iii) any other matter bearing 
on 
United 
States 
national 
or 
homeland security.’’.
1839 
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 de-
velop joint procedures to be used by the De-
partment of Defense and the Central Intel-
ligence Agency to improve the coordination 
and deconfliction of operations that involve 
elements of both the Armed Forces and the 
Central Intelligence Agency consistent with 
national security and the protection of human 
intelligence sources and methods. Those proce-
dures shall, at a minimum, provide the fol-
lowing: 
(1) Methods by which the Director of 
the Central Intelligence Agency and the 
Secretary of Defense can improve commu-
nication and coordination in the plan-
ning, execution, and sustainment of oper-
ations, including, as a minimum— 
(A) information exchange between 
senior officials of the Central Intel-
1840 
ligence 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 be-
tween the Secretary and the Director 
of the Central Intelligence Agency to 
ensure that senior operational offi-
cials in both the Department of De-
fense and the Central Intelligence 
Agency have knowledge of the exist-
ence of the ongoing operations of the 
other. 
(2) When appropriate, in cases where 
the Department of Defense and the Cen-
tral Intelligence Agency are conducting 
separate 
missions 
in 
the 
same 
geo-
graphical area, mutual agreement on the 
tactical and strategic objectives for the re-
gion and a clear delineation of oper-
ational responsibilities to prevent conflict 
and duplication of effort. 
(b) IMPLEMENTATION
REPORT.—Not later 
than 180 days after the date of the enactment
1841 
of the Act, the National Intelligence Director 
shall submit to the congressional defense com-
mittees (as defined in section 101 of title 10, 
United States Code) and the congressional in-
telligence committees (as defined in section 
3(7) of the National Security Act of 1947 (50 
U.S.C. 401a(7))) a report describing the proce-
dures established pursuant to subsection (a) 
and the status of the implementation of those 
procedures. 
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 fol-
lowing: 
‘‘(a) RECOMMENDATION OF NID IN CERTAIN 
APPOINTMENTS.—(1) In the event of a vacancy 
in a position referred to in paragraph (2), the 
National 
Intelligence 
Director 
shall 
rec-
ommend to the President an individual for 
nomination to fill the vacancy.
1842 
‘‘(2) Paragraph (1) applies to the following 
positions: 
‘‘(A) The Deputy National Intelligence 
Director. 
‘‘(B) The Director of the Central Intel-
ligence Agency. 
‘‘(b) CONCURRENCE
OF NID IN APPOINT-
MENTS TO POSITIONS IN THE INTELLIGENCE COM-
MUNITY.—(1) In the event of a vacancy in a po-
sition referred to in paragraph (2), the head 
of the department or agency having jurisdic-
tion over the position shall obtain the concur-
rence of the National Intelligence Director be-
fore appointing an individual to fill the va-
cancy or recommending to the President an in-
dividual to be nominated to fill the vacancy. 
If the Director does not concur in the rec-
ommendation, the head of the department or 
agency concerned may not fill the vacancy or 
make the recommendation to the President (as 
the case may be). 
‘‘(2) Paragraph (1) applies to the following 
positions: 
‘‘(A) The Director of the National Se-
curity Agency.
1843 
‘‘(B) The Director of the National Re-
connaissance 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 depart-
ment or agency having jurisdiction over the 
position shall consult with the National Intel-
ligence Director before appointing an indi-
vidual 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 Intel-
ligence Agency. 
‘‘(B) The Assistant Secretary of State 
for Intelligence and Research. 
‘‘(C) The Director of the Office of Intel-
ligence of the Department of Energy. 
‘‘(D) The Director of the Office of 
counterintelligence of the Department of 
Energy.
1844 
‘‘(E) The Assistant Secretary for Intel-
ligence and Analysis of the Department of 
the Treasury. 
‘‘(F) The Executive Assistant Director 
for Intelligence of the Federal Bureau of 
Investigation. 
‘‘(G) The Under Secretary of Home-
land Security for Information Analysis 
and Infrastructure Protection. 
‘‘(H) 
The 
Deputy 
Assistant 
Com-
mandant of the Coast Guard for Intel-
ligence. 
SEC. 1015. INITIAL APPOINTMENT OF THE NATIONAL INTEL-
LIGENCE DIRECTOR. 
(a) INITIAL APPOINTMENT OF THE NATIONAL 
INTELLIGENCE
DIRECTOR.—Notwithstanding 
section 102(a)(1) of the National Security Act 
of 1947, as added by section 1011(a), the indi-
vidual serving as the Director of Central Intel-
ligence on the date immediately preceding the 
date of the enactment of this Act may, at the 
discretion of the President, become the Na-
tional Intelligence Director as of the date of 
the enactment of this Act.
1845 
(b) GENERAL
REFERENCES.—(1) Any ref-
erence to the Director of Central Intelligence 
in the Director’s capacity as the head of the in-
telligence community in any law, regulation, 
document, paper, or other record of the United 
States shall be deemed to be a reference to the 
National Intelligence Director. 
(2) Any reference to the Director of Central 
Intelligence in the Director’s capacity as the 
head of the Central Intelligence Agency in any 
law, regulation, document, paper, or other 
record of the United States shall be deemed to 
be a reference to the Director of the Central In-
telligence Agency. 
(3) Any reference to the Deputy Director of 
Central Intelligence in the Deputy Director’s 
capacity as deputy to the head of the intel-
ligence community in any law, regulation, doc-
ument, 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 Manage-
ment in any law, regulation, document, paper, 
or other record of the United States shall be
1846 
deemed to be a reference to the Deputy Na-
tional Intelligence Director for Community 
Management and Resources. 
SEC. 1016. EXECUTIVE SCHEDULE MATTERS. 
(a) EXECUTIVE SCHEDULE LEVEL I.—Section 
5312 of title 5, United States Code, is amended 
by adding the end the following new item: 
‘‘National Intelligence Director.’’. 
(b) EXECUTIVE SCHEDULE LEVEL II.—Section 
5313 of title 5, United States Code, is amended 
by adding at the end the following new items: 
‘‘Deputy National Intelligence Direc-
tor. 
‘‘Director of the National counter-
terrorism Center.’’. 
(c) EXECUTIVE SCHEDULE LEVEL IV.—Sec-
tion 5315 of title 5, United States Code, is 
amended by striking the item relating to the 
Assistant Directors of Central Intelligence. 
Subtitle 
B—National 
counter-
terrorism Center and Civil Lib-
erties Protections 
SEC. 1021. NATIONAL counterterrorism CENTER. 
(a) IN GENERAL.—Title I of the National Se-
curity Act of 1947 (50 U.S.C. 402 et seq.) is
1847 
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 In-
telligence 
Director 
a 
National 
counter-
terrorism Center. 
‘‘(b) DIRECTOR
OF
NATIONAL
COUNTER-
TERRORISM CENTER.—There is a Director of the 
National counterterrorism Center, who shall 
be the head of the National counterterrorism 
Center, who shall be appointed by National In-
telligence Director. 
‘‘(c) SUPERVISION.—The Director of the Na-
tional counterterrorism Center shall report to 
the National Intelligence Director on— 
‘‘(1) the budget and programs of the 
National counterterrorism Center; 
‘‘(2) the activities of the Directorate of 
Intelligence 
of 
the 
National 
counter-
terrorism Center under subsection (h); 
‘‘(3) the conduct of intelligence oper-
ations implemented by other elements of 
the intelligence community; and
1848 
‘‘(4) the planning and progress of 
joint counterterrorism operations (other 
than intelligence operations). 
The National Intelligence Director shall carry 
out this section through the Deputy National 
Intelligence Director for Operations. 
‘‘(d) PRIMARY MISSIONS.—The primary mis-
sions of the National counterterrorism Center 
shall be as follows: 
‘‘(1) To serve as the primary organiza-
tion in the United States Government for 
analyzing and integrating all intelligence 
possessed or acquired by the United States 
Government pertaining to terrorism and 
counterterrorism, excepting intelligence 
pertaining 
exclusively 
to 
domestic 
counterterrorism. 
‘‘(2) To conduct strategic operational 
planning for counterterrorism activities, 
integrating all instruments of national 
power, including diplomatic, financial, 
military, intelligence, homeland security, 
and law enforcement activities within and 
among agencies.
1849 
‘‘(3) To support operational respon-
sibilities assigned to lead agencies for 
counterterrorism activities by ensuring 
that such agencies have access to and re-
ceive intelligence needed to accomplish 
their assigned activities. 
‘‘(4) To ensure that agencies, as appro-
priate, have access to and receive all- 
source intelligence support needed to exe-
cute their counterterrorism plans or per-
form independent, alternative analysis. 
‘‘(e) DOMESTIC
COUNTERTERRORISM INTEL-
LIGENCE.—(1) The Center may, consistent with 
applicable law, the direction of the President, 
and the guidelines referred to in section 
102A(b), receive intelligence pertaining exclu-
sively to domestic counterterrorism from any 
Federal, State, or local government or other 
source necessary to fulfill its responsibilities 
and retain and disseminate such intelligence. 
‘‘(2) Any agency authorized to conduct 
counterterrorism activities may request infor-
mation from the Center to assist it in its re-
sponsibilities, consistent with applicable law
1850 
and the guidelines referred to in section 
102A(b). 
‘‘(f) DUTIES AND RESPONSIBILITIES OF DIREC-
TOR.—The Director of the National counter-
terrorism Center shall— 
‘‘(1) serve as the principal adviser to 
the National Intelligence Director on in-
telligence operations relating to counter-
terrorism; 
‘‘(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 
intel-
ligence and operations across agency 
boundaries, both inside and outside the 
United States; 
‘‘(3) advise the National Intelligence 
Director on the extent to which the 
counterterrorism program recommenda-
tions and budget proposals of the depart-
ments, agencies, and elements of the 
United States Government conform to the 
priorities established by the President;
1851 
‘‘(4) disseminate terrorism informa-
tion, including current terrorism threat 
analysis, to the President, the Vice Presi-
dent, the Secretaries of State, Defense, 
and Homeland Security, the Attorney Gen-
eral, the Director of the Central Intel-
ligence Agency, and other officials of the 
executive branch as appropriate, and to 
the appropriate committees of Congress; 
‘‘(5) support the Department of Justice 
and the Department of Homeland Secu-
rity, and other appropriate agencies, in 
fulfillment of their responsibilities to dis-
seminate 
terrorism 
information, 
con-
sistent with applicable law, Executive Or-
ders and other Presidential guidance, to 
State and local government officials, and 
other entities, and coordinate dissemina-
tion of terrorism information to foreign 
governments as approved by the National 
Intelligence Director; 
‘‘(6) consistent with priorities ap-
proved by the President, assist the Na-
tional 
Intelligence 
Director 
in 
estab-
lishing requirements for the intelligence
1852 
community for the collection of terrorism 
information; and 
‘‘(7) perform such other duties as the 
National Intelligence Director may pre-
scribe or are prescribed by law. 
‘‘(g) LIMITATION.—The Director of the Na-
tional counterterrorism Center may not direct 
the execution of counterterrorism operations. 
‘‘(h) RESOLUTION
OF DISPUTES.—The Na-
tional Intelligence Director shall resolve dis-
agreements between the National counter-
terrorism Center and the head of a depart-
ment, agency, or element of the United States 
Government on designations, assignments, 
plans, or responsibilities. The head of such a 
department, agency, or element may appeal 
the resolution of the disagreement by the Na-
tional Intelligence Director to the President. 
‘‘(i) DIRECTORATE
OF INTELLIGENCE.—The 
Director of the National counterterrorism Cen-
ter shall establish and maintain within the 
National counterterrorism Center a Direc-
torate of Intelligence which shall have pri-
mary responsibility within the United States 
Government for analysis of terrorism and ter-
1853 
rorist organizations (except for purely domes-
tic terrorism and domestic terrorist organiza-
tions) from all sources of intelligence, whether 
collected inside or outside the United States. 
‘‘(j) DIRECTORATE
OF
STRATEGIC
PLAN-
NING.—The Director of the National counter-
terrorism Center shall establish and maintain 
within the National counterterrorism Center a 
Directorate of Strategic Planning which shall 
provide strategic guidance and plans for 
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 inserting after the item relating 
to section 118 the following new item: 
‘‘Sec. 119. National counterterrorism Center.’’. 
SEC. 1022. CIVIL LIBERTIES PROTECTION OFFICER. 
(a) CIVIL LIBERTIES PROTECTION OFFICER.— 
(1) Within the Office of the National Intel-
ligence Director, there is a Civil Liberties Pro-
tection Officer who shall be appointed by the 
National Intelligence Director. 
(2) The Civil Liberties Protection Officer 
shall report directly to the National Intel-
ligence Director.
1854 
(b) DUTIES.—The Civil Liberties Protection 
Officer shall— 
(1) ensure that the protection of civil 
liberties and privacy is appropriately in-
corporated in the policies and procedures 
developed for and implemented by the Of-
fice of the National Intelligence Director 
and the elements of the intelligence com-
munity within the National Intelligence 
Program; 
(2) oversee compliance by the Office 
and the National Intelligence Director 
with requirements under the Constitution 
and all laws, regulations, Executive or-
ders, and implementing guidelines relat-
ing to civil liberties and privacy; 
(3) review and assess complaints and 
other 
information 
indicating 
possible 
abuses of civil liberties and privacy in the 
administration of the programs and oper-
ations of the Office and the National In-
telligence Director and, as appropriate, 
investigate any such complaint or infor-
mation;
1855 
(4) ensure that the use of technologies 
sustain, and do not erode, privacy protec-
tions relating to the use, collection, and 
disclosure of personal information; 
(5) ensure that personal information 
contained in a system of records subject to 
section 552a of title 5, United States Code 
(popularly referred to as the ‘Privacy 
Act’), is handled in full compliance with 
fair information practices as set out in 
that section; 
(6) conduct privacy impact assess-
ments when appropriate or as required by 
law; and 
(7) perform such other duties as may 
be prescribed by the National Intelligence 
Director or specified by law. 
(c) USE OF AGENCY INSPECTORS GENERAL.— 
When appropriate, the Civil Liberties Protec-
tion Officer may refer the Office of Inspector 
General having responsibility for the affected 
element of the department or agency of the in-
telligence community to conduct an investiga-
tion under paragraph (3) of subsection (b).
1856 
Subtitle C—Joint Intelligence 
Community Council 
SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL. 
(a) ESTABLISHMENT.—There is hereby estab-
lished a Joint Intelligence Community Coun-
cil. 
(b) FUNCTIONS.—(1) The Joint Intelligence 
Community Council shall provide advice to the 
National Intelligence Director as appropriate. 
(2) The National Intelligence Director 
shall consult with the Joint Intelligence Com-
munity Council in developing guidance for the 
development of the annual National Intel-
ligence Program budget. 
(c) MEMBERSHIP.—The Joint Intelligence 
Community Council shall consist of the fol-
lowing: 
(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.
1857 
(7) The Secretary of Homeland Secu-
rity. 
(8) Such other officials of the execu-
tive branch as the President may des-
ignate. 
Subtitle D—Improvement of Human 
Intelligence (HUMINT) 
SEC. 1041. HUMAN INTELLIGENCE AS AN INCREASINGLY 
CRITICAL 
COMPONENT 
OF 
THE 
INTEL-
LIGENCE COMMUNITY. 
It is a sense of Congress that— 
(1) the human intelligence officers of 
the intelligence community have per-
formed admirably and honorably in the 
face of great personal dangers; 
(2) during an extended period of un-
precedented 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 
increasingly important capability to pro-
vide 
information 
on 
the 
asymmetric
1858 
threats to the national security of the 
United States; 
(4) the continued development and im-
provement of a robust and empowered 
and flexible human intelligence work 
force is critical to identifying, under-
standing, and countering the plans and 
intentions of the adversaries of the United 
States; and 
(5) an increased emphasis on, and re-
sources applied to, enhancing the depth 
and breadth of human intelligence capa-
bilities of the United States intelligence 
community must be among the top prior-
ities of the National Intelligence Director. 
SEC. 1042. IMPROVEMENT OF HUMAN INTELLIGENCE CA-
PACITY. 
Not later than 6 months after the date of 
the enactment of this Act, the National Intel-
ligence Director shall submit to Congress a re-
port 
on 
existing 
human 
intelligence 
(HUMINT) capacity which shall include a 
plan to implement changes, as necessary, to 
accelerate improvements to, and increase the
1859 
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 Se-
curity Education Act of 1991 (50 U.S.C. 1902) 
is amended to read as follows: 
‘‘(2) will meet the requirements for ob-
ligated service described in subsection (j); 
and’’. 
(2) Such section is further amended by 
adding at the end the following new sub-
section: 
‘‘(j) REQUIREMENTS FOR OBLIGATED SERVICE 
IN THE GOVERNMENT.—(1) Each recipient of a 
scholarship or a fellowship under the program 
shall work in a specified national security po-
sition. In this subsection, the term ‘specified 
national security position’ means a position of 
a department or agency of the United States
1860 
that the Secretary certifies is appropriate to 
use the unique language and region expertise 
acquired by the recipient pursuant to the 
study for which scholarship or fellowship as-
sistance (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 re-
cipient of the study for which scholarship or 
fellowship assistance (as the case may be) was 
provided under the program. 
‘‘(3) Each such recipient shall work in a 
specified national security position for a pe-
riod specified by the Secretary, 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 fel-
lowship, not less than one nor more than 
three years for each year, or portion there-
1861 
of, for which such fellowship assistance 
was provided. 
‘‘(4) Recipients shall seek specified na-
tional security positions as follows: 
‘‘(A) In the Department of Defense or 
in any element of the intelligence commu-
nity. 
‘‘(B) In the Department of State or in 
the Department of Homeland Security, if 
the recipient demonstrates to the Sec-
retary that no position is available in the 
Department of Defense or in any element 
of the intelligence community. 
‘‘(C) In any other Federal department 
or agency not referred to in subpara-
graphs (A) and (B), if the recipient dem-
onstrates to the Secretary that no position 
is available in a Federal department or 
agency specified in such paragraphs.’’. 
(b) REGULATIONS.—The Secretary of De-
fense shall prescribe regulations to carry out 
subsection (j) of section 802 of the David L. 
Boren National Security Education Act of 
1991, as added by subsection (a). In pre-
scribing such regulations, the Secretary shall
1862 
establish standards that recipients of scholar-
ship and fellowship assistance under the pro-
gram under section 802 of the David L. Boren 
National Security Education Act of 1991 are 
required to demonstrate in order to satisfy the 
requirement of a good faith effort to gain em-
ployment as required under such subsection. 
(c) APPLICABILITY.—(1) The amendments 
made by subsection (a) shall apply with re-
spect to service agreements entered into under 
the David L. Boren National Security Edu-
cation 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 Edu-
cation Act of 1991 before the date of the enact-
ment 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 
APPROPRIATIONS.—(1) Title VIII of the Intel-
ligence Authorization Act for Fiscal Year 1992 
(Public Law 102–183; 105 Stat. 1271), as
1863 
amended by section 311(c) of the Intelligence 
Authorization Act for Fiscal Year 1994 (Public 
Law 103–178; 107 Stat. 2037) and by section 
333(b) of the Intelligence Authorization Act for 
Fiscal Year 2003 (Public Law 107–306; 116 
Stat. 2397), is amended in subsection (a) of sec-
tion 811 by striking ‘‘there is authorized to be 
appropriated to the Secretary for each fiscal 
year, 
beginning 
with 
fiscal 
year 
2003, 
$10,000,000,’’ and inserting ‘‘there is author-
ized to be appropriated to the Secretary for 
each of fiscal years 2003 and 2004, $10,000,000, 
and for fiscal year 2005 and each subsequent 
fiscal year, $12,000,000,’’. 
(2) Subsection (b) of such section is amend-
ed by inserting ‘‘for fiscal years 2003 and 2004 
only’’ after ‘‘authorization of appropriations 
under subsection (a)’’. 
(b) REQUIREMENT FOR EMPLOYMENT AGREE-
MENTS.—(1) Section 802(i) of the David L. 
Boren National Security Education Act of 1991 
(50 U.S.C. 1902(i)) is amended by adding at the 
end the following new paragraph: 
‘‘(5)(A) In the case of an undergraduate or 
graduate student that participates in training
1864 
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 subparagraph (A)(ii) or (B)(ii) of section 
802(a)(1). 
‘‘(B) In the case of an employee of an agen-
cy or department 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 Gov-
ernment employing the employee for the 
period of such training; 
‘‘(ii) to continue in the service of such 
agency or department employing the em-
ployee following completion of such train-
ing 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 (exclud-
ing the employee’s pay and allowances) 
provided to the employee if, before the 
completion by the employee of the train-
1865 
ing, the employment of the employee by the 
agency or department is terminated due 
to misconduct by the employee or by the 
employee voluntarily; and 
‘‘(iv) to reimburse the United States if, 
after completing such training, the em-
ployment of the employee by the agency or 
department is terminated either by the 
agency or department due to misconduct 
by the employee or by the employee volun-
tarily, before the completion by the em-
ployee 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 allow-
ances) provided to the employee as the 
unserved portion of such period of service 
bears to the total period of service under 
clause (ii). 
‘‘(C) Subject to subparagraph (D), the obli-
gation to reimburse the United States under 
an agreement under subparagraph (A) is for 
all purposes a debt owing the United States. 
‘‘(D) The head of an element of the intel-
ligence community may release an employee,
1866 
in whole or in part, from the obligation to re-
imburse the United States under an agreement 
under subparagraph (A) when, in the discre-
tion of the head of the element, the head of the 
element determines that equity or the interests 
of the United States so require.’’. 
(2) The amendment made by paragraph (1) 
shall apply to training that begins on or after 
the date that is 90 days after the date of the 
enactment of this Act. 
(c) INCREASE IN THE NUMBER OF PARTICI-
PATING EDUCATIONAL INSTITUTIONS.—The Sec-
retary of Defense shall take such steps as the 
Secretary determines will increase the number 
of qualified educational institutions that re-
ceive grants under the National Flagship Lan-
guage Initiative to establish, operate, or im-
prove activities designed to train students in 
programs in a range of disciplines to achieve 
advanced levels of proficiency in those foreign 
languages that the Secretary identifies as 
being the most critical in the interests of the 
national security of the United States. 
(d) CLARIFICATION OF AUTHORITY TO SUP-
PORT STUDIES ABROAD.—Educational institu-
1867 
tions that receive grants under the National 
Flagship Language Initiative may support stu-
dents who pursue total immersion foreign lan-
guage 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 
LANGUAGE STUDIES FOR HERITAGE COMMUNITY 
CITIZENS
OF
THE
UNITED
STATES.—(1) Sub-
section (a)(1) of section 802 of the David L. 
Boren National Security Education Act of 1991 
(50 U.S.C. 1902) is amended— 
(A) by striking ‘‘and’’ at the end of 
subparagraph (C); 
(B) by striking the period at the end of 
subparagraph (D) and inserting ‘‘; and’’; 
and 
(C) by adding at the end the following 
new subparagraph:
1868 
‘‘(E) awarding scholarships to stu-
dents who— 
‘‘(i) are United States citizens 
who— 
‘‘(I) are native speakers 
(commonly referred to as her-
itage community residents) of 
a foreign language that is 
identified as critical to the na-
tional security interests of the 
United States who should be 
actively recruited for employ-
ment by Federal security agen-
cies with a need for linguists; 
and 
‘‘(II) are not proficient at 
a professional level in the 
English language with respect 
to reading, writing, and inter-
personal 
skills 
required 
to 
carry out the national security 
interests of the United States, 
as determined by the Sec-
retary,
1869 
to enable such students to pursue 
English language studies at an in-
stitution of higher education of 
the United States to attain pro-
ficiency in those skills; and 
‘‘(ii) enter into an agreement 
to work in a national security po-
sition or work in the field of edu-
cation in the area of study for 
which the scholarship was award-
ed in a similar manner (as deter-
mined by the Secretary) as agree-
ments entered into pursuant to 
subsection (b)(2)(A).’’. 
(2) The matter following subsection (a)(2) 
of such section is amended— 
(A) in the first sentence, by inserting 
‘‘or for the scholarship program under 
paragraph (1)(E)’’ after ‘‘under para-
graph (1)(D) for the National Flagship 
Language Initiative described in sub-
section (i)’’; and 
(B) by adding at the end the following: 
‘‘For the authorization of appropriations
1870 
for the scholarship program under para-
graph (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 studies by her-
itage community residents)’’. 
(b) FUNDING.—The David L. Boren Na-
tional Security Education Act of 1991 (50 
U.S.C. 1901 et seq.) is amended by adding at 
the end the following new section: 
‘‘SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR 
CERTAIN HERITAGE COMMUNITY RESIDENTS. 
‘‘There is authorized to be appropriated to 
the Secretary for each fiscal year, beginning 
with fiscal year 2005, $4,000,000, to carry out 
the scholarship programs for English lan-
guage studies by certain heritage community 
residents under section 802(a)(1)(E).’’. 
SEC. 1054. SENSE OF CONGRESS WITH RESPECT TO LAN-
GUAGE AND EDUCATION FOR THE INTEL-
LIGENCE COMMUNITY; REPORTS. 
(a) SENSE OF CONGRESS.—It is the sense of 
Congress that there should be within the Of-
1871 
fice of the National Intelligence Director a 
senior official responsible to assist the Na-
tional Intelligence Director in carrying out the 
Director’s 
responsibilities 
for 
establishing 
policies and procedure for foreign language 
education and training of the intelligence 
community. The duties of such official should 
include the following: 
(1) Overseeing and coordinating re-
quirements for foreign language edu-
cation and training of the intelligence 
community. 
(2) Establishing policy, standards, 
and priorities relating to such require-
ments. 
(3) Identifying languages that are 
critical to the capability of the intel-
ligence community to carry out national 
security activities of the United States. 
(4) Monitoring the allocation of re-
sources for foreign language education 
and training in order to ensure the re-
quirements of the intelligence community 
with respect to foreign language pro-
ficiency are met.
1872 
(b) REPORTS.—Not later than one year 
after the date of the enactment of this Act, the 
National Intelligence Director shall submit to 
Congress the following reports: 
(1) A report that identifies— 
(A) skills and processes involved 
in learning a foreign language; and 
(B) characteristics and teaching 
techniques that are most effective in 
teaching foreign languages. 
(2)(A) A report that identifies foreign 
language heritage communities, particu-
larly 
such 
communities 
that 
include 
speakers of languages that are critical to 
the national security of the United States. 
(B) For purposes of subparagraph (A), 
the term ‘‘foreign language heritage com-
munity’’ means a community of residents 
or citizens of the United States— 
(i) who are native speakers of, or 
who have fluency in, a foreign lan-
guage; and 
(ii) who should be actively re-
cruited for employment by Federal se-
1873 
curity agencies with a need for lin-
guists. 
(3) A report on— 
(A) the estimated cost of estab-
lishing a program under which the 
heads of elements of the intelligence 
community agree to repay employees 
of the intelligence community for any 
student loan taken out by that em-
ployee for the study of foreign lan-
guages critical for the national secu-
rity of the United States; and 
(B) the effectiveness of such a pro-
gram in recruiting and retaining 
highly qualified personnel in the in-
telligence 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
1874 
(2) by adding at the end the following 
new subtitles: 
‘‘Subtitle B—Foreign Languages 
Program 
‘‘PROGRAM ON ADVANCEMENT OF FOREIGN LAN-
GUAGES CRITICAL TO THE INTELLIGENCE COM-
MUNITY 
‘‘SEC. 1011. (a) ESTABLISHMENT
OF PRO-
GRAM.—The Secretary of Defense and the Na-
tional Intelligence Director may jointly estab-
lish a program to advance foreign languages 
skills in languages that are critical to the ca-
pability of the intelligence community to carry 
out national security activities of the United 
States (hereinafter in this subtitle referred to 
as the ‘Foreign Languages Program’). 
‘‘(b) IDENTIFICATION
OF
REQUISITE
AC-
TIONS.—In order to carry out the Foreign Lan-
guages Program, the Secretary of Defense and 
the National Intelligence Director shall jointly 
determine actions required to improve the edu-
cation of personnel in the intelligence commu-
nity in foreign languages that are critical to 
the capability of the intelligence community to 
carry out national security activities of the
1875 
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 ele-
ment of an intelligence community entity may 
enter into one or more education partnership 
agreements with educational institutions in 
the United States in order to encourage and 
enhance the study of foreign languages that 
are critical to the capability of the intelligence 
community to carry out national security ac-
tivities of the United States in educational in-
stitutions. 
‘‘(b) ASSISTANCE
PROVIDED
UNDER
EDU-
CATIONAL
PARTNERSHIP
AGREEMENTS.—Under 
an educational partnership agreement en-
tered into with an educational institution pur-
suant to this section, the head of an element 
of an intelligence community entity may pro-
vide the following assistance to the edu-
cational institution: 
‘‘(1) The loan of equipment and in-
structional materials of the element of the 
intelligence community entity to the edu-
1876 
cational institution for any purpose and 
duration that the head determines to be 
appropriate. 
‘‘(2) Notwithstanding any other provi-
sion of law relating to transfers of surplus 
property, the transfer to the educational 
institution of any computer equipment, or 
other equipment, that is— 
‘‘(A) 
commonly 
used 
by 
edu-
cational institutions; 
‘‘(B) surplus to the needs of the en-
tity; and 
‘‘(C) determined by the head of the 
element to be appropriate for support 
of such agreement. 
‘‘(3) The provision of dedicated per-
sonnel to the educational institution— 
‘‘(A) to teach courses in foreign 
languages that are critical to the ca-
pability of the intelligence community 
to carry out national security activi-
ties of the United States; or 
‘‘(B) to assist in the development 
of such courses and materials for the 
institution.
1877 
‘‘(4) The involvement of faculty and 
students of the educational institution in 
research projects of the element of the in-
telligence community entity. 
‘‘(5) Cooperation with the educational 
institution in developing a program under 
which students receive academic credit at 
the educational institution for work on re-
search projects of the element of the intel-
ligence community entity. 
‘‘(6) The provision of academic and 
career advice and assistance to students 
of the educational institution. 
‘‘(7) The provision of cash awards and 
other items that the head of the element of 
the intelligence community entity deter-
mines 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 authority for the 
head of an element of an intelligence commu-
nity entity to accept from any individual who 
is dedicated personnel (as defined in section
1878 
1016(3)) voluntary services in support of the 
activities authorized by this subtitle. 
‘‘(b) REQUIREMENTS AND LIMITATIONS.—(1) 
In accepting voluntary services from an indi-
vidual under subsection (a), the head of the 
element shall— 
‘‘(A) supervise the individual to the 
same extent as the head of the element 
would supervise a compensated employee 
of that element providing similar services; 
and 
‘‘(B) ensure that the individual is li-
censed, privileged, has appropriate edu-
cational or experiential credentials, or is 
otherwise qualified under applicable law 
or regulations to provide such services. 
‘‘(2) In accepting voluntary services from 
an individual under subsection (a), the head 
of an element of the intelligence community 
entity may not— 
‘‘(A) place the individual in a policy-
making position, or other position per-
forming inherently government functions; 
or
1879 
‘‘(B) compensate the individual for the 
provision of such services. 
‘‘(c) AUTHORITY TO RECRUIT AND TRAIN IN-
DIVIDUALS PROVIDING SERVICES.—The head of 
an element of an intelligence community entity 
may recruit and train individuals to provide 
voluntary services accepted under subsection 
(a). 
‘‘(d) STATUS
OF
INDIVIDUALS
PROVIDING 
SERVICES.—(1) Subject to paragraph (2), while 
providing voluntary services accepted under 
subsection (a) or receiving training under sub-
section (c), an individual shall be considered 
to be an employee of the Federal Government 
only for purposes of the following provisions of 
law: 
‘‘(A) Section 552a of title 5, United 
States Code (relating to maintenance of 
records on individuals). 
‘‘(B) Chapter 11 of title 18, United 
States Code (relating to conflicts of inter-
est). 
‘‘(2)(A) With respect to voluntary services 
accepted under paragraph (1) provided by an 
individual that are within the scope of the
1880 
services so accepted, the individual is deemed 
to be a volunteer of a governmental entity or 
nonprofit institution for purposes of the Vol-
unteer Protection Act of 1997 (42 U.S.C. 14501 
et seq.). 
‘‘(B) In the case of any claim against such 
an individual with respect to the provision of 
such services, section 4(d) of such Act (42 
U.S.C. 14503(d)) shall not apply. 
‘‘(3) Acceptance of voluntary services 
under this section shall have no bearing on the 
issuance or renewal of a security clearance. 
‘‘(e) REIMBURSEMENT
OF
INCIDENTAL
EX-
PENSES.—(1) The head of an element of the in-
telligence 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 subsection. 
‘‘(2) Reimbursement under paragraph (1) 
may be made from appropriated or non-
appropriated funds.
1881 
‘‘(f) AUTHORITY TO INSTALL EQUIPMENT.—(1) 
The head of an element of the intelligence com-
munity may install telephone lines and any 
necessary telecommunication equipment in the 
private residences of individuals who provide 
voluntary services accepted under subsection 
(a). 
‘‘(2) The head of an element of the intel-
ligence community may pay the charges in-
curred for the use of equipment installed 
under paragraph (1) for authorized purposes. 
‘‘(3) Notwithstanding section 1348 of title 
31, United States Code, the head of an element 
of the intelligence community entity may use 
appropriated funds or nonappropriated funds 
of the element in carrying out this subsection. 
‘‘REGULATIONS 
‘‘SEC. 1014. (a) IN GENERAL.—The Secretary 
of Defense and the National Intelligence Di-
rector jointly shall promulgate regulations 
necessary to carry out the Foreign Languages 
Program authorized under this subtitle. 
‘‘(b) ELEMENTS OF THE INTELLIGENCE COM-
MUNITY.—Each head of an element of an intel-
ligence community entity shall prescribe regu-
lations to carry out sections 1012 and 1013
1882 
with respect to that element including the fol-
lowing: 
‘‘(1) Procedures to be utilized for the 
acceptance of voluntary services under 
section 1013. 
‘‘(2) Procedures and requirements re-
lating 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 Elementary and Sec-
ondary Education Act of 1965 (20 
U.S.C. 7801(26))), 
‘‘(B) an institution of higher edu-
cation (as defined in section 102 of the 
Higher Education Act of 1965 (20 
U.S.C. 1002) other than institutions re-
1883 
ferred to in subsection (a)(1)(C) of 
such section), or 
‘‘(C) any other nonprofit institu-
tion that provides instruction of for-
eign languages in languages that are 
critical to the capability of the intel-
ligence community to carry out na-
tional security activities of the United 
States. 
‘‘(3) The term ‘dedicated personnel’ 
means employees of the intelligence com-
munity and private citizens (including 
former civilian employees of the Federal 
Government who have been voluntarily 
separated, and members of the United 
States Armed Forces who have been hon-
orably discharged or generally discharged 
under honorable circumstances, and re-
hired on a voluntary basis specifically to 
perform the activities authorized under 
this subtitle).
1884 
‘‘Subtitle C—Additional Education 
Provisions 
‘‘ASSIGNMENT OF INTELLIGENCE COMMUNITY 
PERSONNEL AS LANGUAGE STUDENTS 
‘‘SEC. 1021. (a) IN GENERAL.—(1) The Na-
tional Intelligence Director, acting through 
the heads of the elements of the intelligence 
community, may provide for the assignment of 
military and civilian personnel described in 
paragraph (2) as students at accredited pro-
fessional, technical, or other institutions of 
higher education for training at the graduate 
or undergraduate level in foreign languages 
required for the conduct of duties and respon-
sibilities of such positions. 
‘‘(2) Personnel referred to in paragraph (1) 
are personnel of the elements of the intel-
ligence community who serve in analysts posi-
tions in such elements and who require 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 Di-
rector may reimburse an employee assigned 
under subsection (a) for the total cost of the
1885 
training described in subsection (a), including 
costs of educational and supplementary read-
ing 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 non-
appropriated funds. 
‘‘(c) RELATIONSHIP TO COMPENSATION AS AN 
ANALYST.—Reimbursement under this section 
to an employee who is an analyst is in addition 
to any benefits, allowances, travels, or other 
compensation the employee is entitled to by 
reason of serving in such an analyst position.’’. 
(b) CLERICAL AMENDMENT.—The table of 
contents for the National Security Act of 1947 
is amended by striking the item relating to sec-
tion 1001 and inserting the following new 
items: 
‘‘Subtitle A—Science and Technology 
‘‘Sec. 1001. Scholarships and work-study for pursuit of grad-
uate degrees in science and technology. 
‘‘Subtitle B—Foreign Languages Program 
‘‘Sec. 1011. Program on advancement of foreign languages crit-
ical to the intelligence community. 
‘‘Sec. 1012. Education partnerships. 
‘‘Sec. 1013. Voluntary services. 
‘‘Sec. 1014. Regulations.
1886 
‘‘Sec. 1015. Definitions. 
‘‘Subtitle C—Additional Education Provisions 
‘‘Sec. 1021. Assignment of intelligence community personnel as 
language students.’’. 
SEC. 1056. PILOT PROJECT FOR CIVILIAN LINGUIST RE-
SERVE CORPS. 
(a) PILOT PROJECT.—The National Intel-
ligence Director shall conduct a pilot project 
to establish a Civilian Linguist Reserve Corps 
comprised of United States citizens with ad-
vanced levels of proficiency in foreign lan-
guages who would be available upon a call of 
the President to perform such service or duties 
with respect to such foreign languages in the 
Federal Government as the President may 
specify. 
(b) CONDUCT OF PROJECT.—Taking into ac-
count the findings and recommendations con-
tained in the report required 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 sub-
section (a) the National Intelligence Director 
shall— 
(1) identify several foreign languages 
that are critical for the national security 
of the United States;
1887 
(2) identify United States citizens with 
advanced levels of proficiency in those 
foreign languages who would be available 
to perform the services and duties re-
ferred to in subsection (a); and 
(3) implement a call for the perform-
ance of such services and duties. 
(c) 
DURATION
OF
PROJECT.—The 
pilot 
project under subsection (a) shall be con-
ducted for a three-year period. 
(d) 
AUTHORITY
TO
ENTER
INTO
CON-
TRACTS.—The National Intelligence Director 
may enter into contracts with appropriate 
agencies or entities to carry out the pilot 
project under subsection (a). 
(e) REPORTS.—(1) The National Intel-
ligence Director shall submit to Congress an 
initial and a final report on the pilot project 
conducted under subsection (a). 
(2) Each report required under paragraph 
(1) shall contain information on the operation 
of the pilot project, the success of the pilot 
project in carrying out the objectives of the es-
tablishment of a Civilian Linguist Reserve
1888 
Corps, and recommendations for the continu-
ation or expansion of the pilot project. 
(3) The final report shall be submitted not 
later than 6 months after the completion of the 
project. 
(f) AUTHORIZATION
OF APPROPRIATIONS.— 
There are authorized to be appropriated to the 
National Intelligence Director such sums as 
are necessary for each of fiscal years 2005, 
2006, and 2007 in order to carry out the pilot 
project under subsection (a). 
SEC. 1057. CODIFICATION OF ESTABLISHMENT OF THE NA-
TIONAL VIRTUAL TRANSLATION CENTER. 
(a) IN GENERAL.—Title I of the National Se-
curity Act of 1947 (50 U.S.C. 402 et seq.), as 
amended by section 1021(a), is further amend-
ed by adding at the end the following new sec-
tion: 
‘‘NATIONAL VIRTUAL TRANSLATION CENTER 
‘‘SEC. 120. (a) IN GENERAL.—There is an ele-
ment of the intelligence community known as 
the 
National 
Virtual 
Translation 
Center 
under the direction of the National Intel-
ligence Director. 
‘‘(b) 
FUNCTION.—The 
National 
Virtual 
Translation Center shall provide for timely
1889 
and accurate translations of foreign intel-
ligence for all other elements of the intel-
ligence community. 
‘‘(c) 
FACILITATING
ACCESS
TO
TRANS-
LATIONS.—In order to minimize the need for a 
central facility for the National Virtual Trans-
lation Center, the Center shall— 
‘‘(1) use state-of-the-art communica-
tions technology; 
‘‘(2) integrate existing translation ca-
pabilities 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 loca-
tion that— 
‘‘(1) has been certified as a secure fa-
cility by an agency or department of the 
United States; and 
‘‘(2) the National Intelligence Director 
determines to be appropriate for such pur-
pose.’’. 
(b) CLERICAL AMENDMENT.—The table of 
sections for that Act, as amended by section
1890 
1021(b), is further amended by inserting after 
the item relating to section 119 the following 
new item: 
‘‘Sec. 120. National Virtual Translation Center.’’. 
SEC. 1058. REPORT ON RECRUITMENT AND RETENTION OF 
QUALIFIED INSTRUCTORS OF THE DEFENSE 
LANGUAGE INSTITUTE. 
(a) STUDY.—The Secretary of Defense shall 
conduct a study on methods to improve the re-
cruitment and retention of qualified foreign 
language instructors at the Foreign Language 
Center of the Defense Language Institute. In 
conducting the study, the Secretary shall con-
sider, in the case of a foreign language in-
structor who is an alien, to expeditiously ad-
just the status of the alien from a temporary 
status to that of an alien lawfully admitted for 
permanent 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 appro-
priate 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 determines to be appropriate.
1891 
(2) DEFINITION.—In this subsection, the 
term ‘‘appropriate congressional committees’’ 
means the following: 
(A) The Select Committee on Intel-
ligence and the Committee on Armed Serv-
ices of the Senate. 
(B) The Permanent Select Committee 
on Intelligence and the Committee on 
Armed Services of the House of Represent-
atives. 
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 Central 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), respec-
tively. 
(b) TERMINATION OF FUNDS REMITTANCE RE-
QUIREMENT.—(1) Section 2 of such Act (50
1892 
U.S.C. 403–4 note) is further amended by strik-
ing subsection (i). 
(2) Section 4(a)(2)(B)(ii) of the Federal 
Workforce Restructuring Act of 1994 (5 U.S.C. 
8331 note) is amended by striking ‘‘, or section 
2 of the Central Intelligence Agency Voluntary 
Separation Pay Act (Public Law 103–36; 107 
Stat. 104)’’. 
SEC. 1062. NATIONAL SECURITY AGENCY EMERGING TECH-
NOLOGIES PANEL. 
The National Security Agency Act of 1959 
(50 U.S.C. 402 note) is amended by adding at 
the end the following new section: 
‘‘SEC. 19. (a) There is established the Na-
tional Security Agency Emerging Technologies 
Panel. The panel is a standing panel of the 
National Security Agency. The panel shall be 
appointed by, and shall report directly to, the 
Director. 
‘‘(b) The National Security Agency Emerg-
ing Technologies Panel shall study and assess, 
and periodically advise the Director on, the re-
search, development, and application of exist-
ing and emerging science and technology ad-
1893 
vances, advances on encryption, and other top-
ics. 
‘‘(c) The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply with respect to the 
National Security Agency Emerging Tech-
nologies Panel.’’. 
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 inserting ‘‘Na-
tional 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)).
1894 
(D) Section 101(i)(2)(A) (50 U.S.C. 
402(i)(2)(A)). 
(E) Section 101(j) (50 U.S.C. 402(j)). 
(F) Section 105(a) (50 U.S.C. 403–5(a)). 
(G) Section 105(b)(6)(A) (50 U.S.C. 
403–5(b)(6)(A)). 
(H) Section 105B(a)(1) (50 U.S.C. 403– 
5b(a)(1)). 
(I) Section 105B(b) (50 U.S.C. 403– 
5b(b)), the first place it appears. 
(J) Section 110(b) (50 U.S.C. 404e(b)). 
(K) Section 110(c) (50 U.S.C. 404e(c)). 
(L) 
Section 
112(a)(1) 
(50 
U.S.C. 
404g(a)(1)). 
(M) 
Section 
112(d)(1) 
(50 
U.S.C. 
404g(d)(1)). 
(N) Section 113(b)(2)(A) (50 U.S.C. 
404h(b)(2)(A)). 
(O) 
Section 
114(a)(1) 
(50 
U.S.C. 
404i(a)(1)). 
(P) 
Section 
114(b)(1) 
(50 
U.S.C. 
404i(b)(1)). 
(Q) 
Section 
115(a)(1) 
(50 
U.S.C. 
404j(a)(1)). 
(R) Section 115(b) (50 U.S.C. 404j(b)).
1895 
(S) Section 115(c)(1)(B) (50 U.S.C. 
404j(c)(1)(B)). 
(T) Section 116(a) (50 U.S.C. 404k(a)). 
(U) 
Section 
117(a)(1) 
(50 
U.S.C. 
404l(a)(1)). 
(V) Section 303(a) (50 U.S.C. 405(a)), 
both places it appears. 
(W) Section 501(d) (50 U.S.C. 413(d)). 
(X) Section 502(a) (50 U.S.C. 413a(a)). 
(Y) Section 502(c) (50 U.S.C. 413a(c)). 
(Z) Section 503(b) (50 U.S.C. 413b(b)). 
(AA) Section 504(a)(3)(C) (50 U.S.C. 
414(a)(3)(C)). 
(BB) 
Section 
504(d)(2) 
(50 
U.S.C. 
414(d)(2)). 
(CC) Section 506A(a)(1) (50 U.S.C. 
415a–1(a)(1)). 
(DD) Section 603(a) (50 U.S.C. 423(a)). 
(EE) 
Section 
702(a)(1) 
(50 
U.S.C. 
432(a)(1)). 
(FF) 
Section 
702(a)(6)(B)(viii) 
(50 
U.S.C. 432(a)(6)(B)(viii)). 
(GG) 
Section 
702(b)(1) 
(50 
U.S.C. 
432(b)(1)), both places it appears.
1896 
(HH) 
Section 
703(a)(1) 
(50 
U.S.C. 
432a(a)(1)). 
(II) 
Section 
703(a)(6)(B)(viii) 
(50 
U.S.C. 432a(a)(6)(B)(viii)). 
(JJ) 
Section 
703(b)(1) 
(50 
U.S.C. 
432a(b)(1)), both places it appears. 
(KK) 
Section 
704(a)(1) 
(50 
U.S.C. 
432b(a)(1)). 
(LL) Section 704(f)(2)(H) (50 U.S.C. 
432b(f)(2)(H)). 
(MM) Section 704(g)(1)) (50 U.S.C. 
432b(g)(1)), both places it appears. 
(NN) 
Section 
1001(a) 
(50 
U.S.C. 
441g(a)). 
(OO) Section 1102(a)(1) (50 U.S.C. 
442a(a)(1)). 
(PP) Section 1102(b)(1) (50 U.S.C. 
442a(b)(1)). 
(QQ) Section 1102(c)(1) (50 U.S.C. 
442a(c)(1)). 
(RR) 
Section 
1102(d) 
(50 
U.S.C. 
442a(d)). 
(2) That Act is further amended by striking 
‘‘of Central Intelligence’’ each place it appears 
in the following provisions:
1897 
(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 
‘‘Director’’ each place it appears in the fol-
lowing provisions and inserting ‘‘National In-
telligence Director’’: 
(A) Section 114(c) (50 U.S.C. 404i(c)). 
(B) Section 116(b) (50 U.S.C. 404k(b)). 
(C) Section 1001(b) (50 U.S.C. 441g(b)). 
(D) Section 1001(c) (50 U.S.C. 441g(c)), 
the first place it appears. 
(E) Section 1001(d)(1)(B) (50 U.S.C. 
441g(d)(1)(B)). 
(F) Section 1001(e) (50 U.S.C. 441g(e)), 
the first place it appears. 
(4) Section 114A of that Act (50 U.S.C. 404i– 
1) is amended by striking ‘‘Director of Central 
Intelligence’’ and inserting ‘‘National Intel-
ligence Director, the Director of the Central 
Intelligence Agency’’.
1898 
(5) Section 504(a)(2) of that Act (50 U.S.C. 
414(a)(2)) is amended by striking ‘‘Director of 
Central Intelligence’’ and inserting ‘‘Director 
of the Central Intelligence Agency’’. 
(6) Section 701 of that Act (50 U.S.C. 431) 
is amended— 
(A) in subsection (a), by striking 
‘‘Operational files of the Central Intel-
ligence Agency may be exempted by the Di-
rector of Central Intelligence’’ and insert-
ing ‘‘The Director of the Central Intel-
ligence Agency, with the coordination of 
the National Intelligence Director, may 
exempt operational files of the Central In-
telligence Agency’’; and 
(B) in subsection (g)(1), by striking 
‘‘Director of Central Intelligence’’ and in-
serting ‘‘Director of the Central Intel-
ligence Agency and the National Intel-
ligence Director’’. 
(7) The heading for section 114 of that Act 
(50 U.S.C. 404i) is amended to read as follows: 
‘‘ADDITIONAL ANNUAL REPORTS FROM THE 
NATIONAL INTELLIGENCE DIRECTOR’’. 
(b) CENTRAL INTELLIGENCE AGENCY ACT OF 
1949.—(1) The Central Intelligence Agency Act
1899 
of 1949 (50 U.S.C. 403a et seq.) is amended by 
striking ‘‘Director of Central Intelligence’’ 
each place it appears in the following provi-
sions 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 Central Intelligence’’ in each of the fol-
lowing provisions: 
(A) Section 2 (50 U.S.C. 403b). 
(B) 
Section 
16(c)(1)(B) 
(50 
U.S.C. 
403p(c)(1)(B)). 
(C) 
Section 
17(d)(1) 
(50 
U.S.C. 
403q(d)(1)). 
(D) Section 20(c) (50 U.S.C. 403t(c)). 
(3) That Act is further amended by striking 
‘‘Director of Central Intelligence’’ each place it 
appears in the following provisions and insert-
ing ‘‘Director of the Central Intelligence Agen-
cy’’: 
(A) Section 14(b) (50 U.S.C. 403n(b)). 
(B) 
Section 
16(b)(2) 
(50 
U.S.C. 
403p(b)(2)).
1900 
(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 RETIRE-
MENT ACT.—Section 101 of the Central Intel-
ligence Agency Retirement Act (50 U.S.C. 2001) 
is amended by striking paragraph (2) and in-
serting the following new paragraph (2): 
‘‘(2) DIRECTOR.—The term ‘Director’ 
means the Director of the Central Intel-
ligence Agency.’’. 
(d) CIA VOLUNTARY SEPARATION PAY ACT.— 
Subsection (a)(1) of section 2 of the Central In-
telligence Agency Voluntary Separation Pay 
Act (50 U.S.C. 2001 note) is amended to read 
as follows: 
‘‘(1) the term ‘Director’ means the Di-
rector of the Central Intelligence Agen-
cy;’’. 
(e) FOREIGN INTELLIGENCE SURVEILLANCE 
ACT
OF 1978.—(1) The Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
1901 
is amended by striking ‘‘Director of Central In-
telligence’’ each place it appears and inserting 
‘‘National Intelligence Director’’. 
(f) CLASSIFIED INFORMATION PROCEDURES 
ACT.—Section 9(a) of the Classified Informa-
tion Procedures Act (5 U.S.C. App.) is amended 
by striking ‘‘Director of Central Intelligence’’ 
and inserting ‘‘National Intelligence Direc-
tor’’. 
(g) INTELLIGENCE AUTHORIZATION ACTS.— 
(1) 
PUBLIC
LAW
103–359.—Section 
811(c)(6)(C) of the counterintelligence and 
Security Enhancements Act of 1994 (title 
VIII of Public Law 103–359) is amended by 
striking ‘‘Director of Central Intelligence’’ 
and inserting ‘‘National Intelligence Di-
rector’’. 
(2) PUBLIC LAW 107–306.—(A) The Intel-
ligence Authorization Act for Fiscal Year 
2003 (Public Law 107–306) is amended by 
striking ‘‘Director of Central Intelligence, 
acting as the head of the intelligence com-
munity,’’ each place it appears in the fol-
lowing provisions and inserting ‘‘National 
Intelligence Director’’:
1902 
(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 appears in the following 
provisions and inserting ‘‘National Intel-
ligence Director’’: 
(i) Section 902(a)(2) (50 U.S.C. 
402b(a)(2)). 
(ii) Section 904(e)(4) (50 U.S.C. 
402c(e)(4)). 
(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 Intelligence, acting as the head 
of the intelligence community, shall estab-
lish in the Central Intelligence Agency’’ 
and inserting ‘‘National Intelligence Di-
1903 
rector 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 inserting ‘‘National Intel-
ligence Director’’. 
(3) PUBLIC LAW 108–177.—(A) The Intel-
ligence Authorization Act for Fiscal Year 
2004 (Public Law 108–177) is amended by 
striking ‘‘Director of Central Intelligence’’ 
each place it appears in the following 
provisions and inserting ‘‘National Intel-
ligence Director’’: 
(i) Section 317(a) (50 U.S.C. 403–3 
note). 
(ii) Section 317(h)(1). 
(iii) Section 318(a) (50 U.S.C. 441g 
note). 
(iv) Section 319(b) (50 U.S.C. 403 
note). 
(v) Section 341(b) (28 U.S.C. 519 
note). 
(vi) Section 357(a) (50 U.S.C. 403 
note).
1904 
(vii) Section 504(a) (117 Stat. 
2634), both places it appears. 
(B) Section 319(f)(2) of that Act (50 
U.S.C. 403 note) is amended by striking 
‘‘Director’’ the first place it appears and 
inserting ‘‘National Intelligence Direc-
tor’’. 
(C) Section 404 of that Act (18 U.S.C. 
4124 note) is amended by striking ‘‘Direc-
tor of Central Intelligence’’ and inserting 
‘‘Director of the Central Intelligence Agen-
cy’’. 
SEC. 1072. OTHER CONFORMING AMENDMENTS 
(a) NATIONAL SECURITY ACT OF 1947.—(1) 
Section 101(j) of the National Security Act of 
1947 (50 U.S.C. 402(j)) is amended by striking 
‘‘Deputy Director of Central Intelligence’’ and 
inserting ‘‘Deputy National Intelligence Direc-
tor’’. 
(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
1905 
Director of Central Intelligence, or with re-
spect to employees of the Central Intelligence 
Agency, the Director may delegate such au-
thority to the Deputy Director for Operations’’ 
and inserting ‘‘to the Deputy National Intel-
ligence Director, or with respect to employees 
of the Central Intelligence Agency, to the Di-
rector of the Central Intelligence Agency’’. 
(4) Section 506A(b)(1) of that Act (50 U.S.C. 
415a–1(b)(1)) is amended by striking ‘‘Office of 
the Deputy Director of Central Intelligence’’ 
and inserting ‘‘Office of the National Intel-
ligence 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 National Intelligence Director’’. 
(6) Section 1001(b) of that Act (50 U.S.C. 
441g(b)) is amended by striking ‘‘Assistant Di-
rector of Central Intelligence for Administra-
tion’’ and inserting ‘‘Office of the National In-
telligence Director’’. 
(b) CENTRAL INTELLIGENCE ACT OF 1949.— 
Section 6 of the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 403g) is amended by
1906 
striking ‘‘section 103(c)(7) of the National Se-
curity Act of 1947 (50 U.S.C. 403–3(c)(7))’’ and 
inserting ‘‘section 102A(g) of the National Se-
curity Act of 1947’’. 
(c) CENTRAL INTELLIGENCE AGENCY RETIRE-
MENT ACT.—Section 201(c) of the Central Intel-
ligence Agency Retirement Act (50 U.S.C. 
2011(c)) is amended by striking ‘‘paragraph 
(6) of section 103(c) of the National Security 
Act of 1947 (50 U.S.C. 403–3(c)) that the Direc-
tor of Central Intelligence’’ and inserting ‘‘sec-
tion 102A(g) of the National Security Act of 
1947 (50 U.S.C. 403–3(c)(1)) that the National 
Intelligence Director’’. 
(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 National 
Security Act of 1947 (50 U.S.C. 403– 
3((c)(6))’’ and inserting ‘‘section 102A(g) of 
the National Security Act of 1947 (50 
U.S.C. 403–3(c)(1))’’.
1907 
(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 In-
telligence’’ and inserting ‘‘Office of the 
National Intelligence Director’’; and 
(ii) in subsection (l), by striking 
‘‘Office of the Director of Central In-
telligence’’ and inserting ‘‘Office of the 
National Intelligence Director’’. 
(2) PUBLIC LAW 108–177.—Section 317 of 
the Intelligence Authorization Act for Fis-
cal Year 2004 (Public Law 108–177; 50 
U.S.C. 403–3 note) is amended— 
(A) in subsection (g), by striking 
‘‘Assistant Director of Central Intel-
ligence for Analysis and Production’’ 
and inserting ‘‘Deputy National Intel-
ligence Director’’; and 
(B) in subsection (h)(2)(C), by 
striking ‘‘Assistant Director’’ and in-
serting ‘‘Deputy National Intelligence 
Director’’.
1908 
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 amend-
ed to read as follows: 
‘‘(4) The term ‘intelligence community’ 
includes the following: 
‘‘(A) The Office of the National In-
telligence Director. 
‘‘(B) 
The 
Central 
Intelligence 
Agency. 
‘‘(C) The National Security Agen-
cy. 
‘‘(D) 
The 
Defense 
Intelligence 
Agency. 
‘‘(E) The National Geospatial-In-
telligence Agency. 
‘‘(F) The National Reconnaissance 
Office. 
‘‘(G) Other offices within the De-
partment of Defense for the collection 
of specialized national intelligence 
through reconnaissance programs. 
‘‘(H) The intelligence elements of 
the Army, the Navy, the Air Force, the 
Marine Corps, the Federal Bureau of
1909 
Investigation, and the Department of 
Energy. 
‘‘(I) The Bureau of Intelligence 
and Research of the Department of 
State. 
‘‘(J) The Office of Intelligence and 
Analysis of the Department of the 
Treasury. 
‘‘(K) The elements of the Depart-
ment of Homeland Security concerned 
with the analysis of intelligence infor-
mation, including the Office of Intel-
ligence of the Coast Guard. 
‘‘(L) Such other elements of any 
other department or agency as may be 
designated by the President, or des-
ignated jointly by the National Intel-
ligence Director and the head of the 
department or agency concerned, as 
an element of the intelligence commu-
nity.’’.
1910 
SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTEL-
LIGENCE PROGRAM AS NATIONAL INTEL-
LIGENCE PROGRAM. 
(a) REDESIGNATION.—Paragraph (6) of sec-
tion 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 ‘‘Na-
tional Foreign Intelligence Program’’ and in-
serting ‘‘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 Intel-
ligence Program’’ and inserting ‘‘National In-
telligence 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 
OFFICIALS.—Section 106 of the National Secu-
rity Act of 1947 (50 U.S.C. 403–6) is repealed. 
(b) COLLECTION TASKING AUTHORITY.—Sec-
tion 111 of the National Security Act of 1947 
(50 U.S.C. 404f) is repealed.
1911 
SEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECU-
RITY ACT OF 1947. 
The table of contents for the National Se-
curity 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 Intel-
ligence 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 sec-
tion 114 and inserting the following new 
item: 
‘‘Sec. 114. Additional annual reports from the National Intel-
ligence Director.’’; 
and 
(3) by striking the item relating to sec-
tion 506 and inserting the following new 
item: 
‘‘Sec. 506. Specificity of National Intelligence Program budget 
amounts 
for 
counterterrorism, 
counter-
proliferation, 
counternarcotics, 
and 
counter-
intelligence’’. 
SEC. 1077. CONFORMING AMENDMENTS RELATING TO PRO-
HIBITING DUAL SERVICE OF THE DIRECTOR 
OF THE CENTRAL INTELLIGENCE AGENCY. 
Section 1 of the Central Intelligence Agen-
cy Act of 1949 (50 U.S.C. 403a) is amended—
1912 
(1) by redesignating paragraphs (a), 
(b), and (c) as paragraphs (1), (2), and 
(3), respectively; and 
(2) by striking paragraph (2), as so re-
designated, and inserting the following 
new paragraph (2): 
‘‘(2) ‘Director’ means the Director of the 
Central Intelligence 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 inserting before the semicolon at 
the end the following: ‘‘and to programs and 
operations of the Office of the National Intel-
ligence Director’’. 
SEC. 1079. GENERAL REFERENCES. 
(a) DIRECTOR OF CENTRAL INTELLIGENCE AS 
HEAD OF INTELLIGENCE COMMUNITY.—Any ref-
erence to the Director of Central Intelligence 
or the Director of the Central Intelligence 
Agency in the Director’s capacity as the head 
of the intelligence community in any law, regu-
lation, document, paper, or other record of the 
United States shall be deemed to be a reference 
to the National Intelligence Director.
1913 
(b) DIRECTOR OF CENTRAL INTELLIGENCE AS 
HEAD OF CIA.—Any reference to the Director of 
Central Intelligence or the Director of the Cen-
tral Intelligence Agency in the Director’s ca-
pacity as the head of the Central Intelligence 
Agency in any law, regulation, document, 
paper, or other record of the United States 
shall be deemed to be a reference to the Direc-
tor of the Central Intelligence Agency. 
(c) COMMUNITY MANAGEMENT STAFF.—Any 
reference to the Community Management Staff 
in any law, regulation, document, paper, or 
other record of the United States shall be 
deemed to be a reference to the staff of the Of-
fice of the National Intelligence Director. 
SEC. 1080. APPLICATION OF OTHER LAWS. 
(a) POLITICAL SERVICE OF PERSONNEL.—Sec-
tion 7323(b)(2)(B)(i) of title 5, United States 
Code, is amended— 
(1) in subclause (XII), by striking ‘‘or’’ 
at the end; and 
(2) by inserting after subclause (XIII) 
the following new subclause: 
‘‘(XIV) the Office of the National 
Intelligence Director; or’’.
1914 
(b) DELETION OF INFORMATION ABOUT FOR-
EIGN
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 des-
ignated, by striking ‘‘the Director of Cen-
tral Intelligence’’ and inserting ‘‘the Di-
rector of the Central Intelligence Agency’’; 
and 
(3) by adding at the end the following 
new subparagraph: 
‘‘(B) In transmitting such listings for the 
Office of the National Intelligence Director, 
the National Intelligence Director may delete 
the information described in subparagraphs 
(A) and (C) of paragraphs (2) and (3) if the Di-
rector certifies in writing to the Secretary of 
State that the publication of such information 
could adversely affect United States intel-
ligence sources.’’. 
(c) EXEMPTION
FROM
FINANCIAL
DISCLO-
SURES.—Section 105(a)(1) of the Ethics in Gov-
ernment Act (5 U.S.C. App.) is amended by in-
serting ‘‘the Office of the National Intelligence
1915 
Director,’’ before ‘‘the Central Intelligence 
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 Direc-
tor the staff of the Community Management 
Staff as of the date of the enactment of this 
Act, including all functions and activities dis-
charged by the Community Management Staff 
as of that date. 
(b) ADMINISTRATION.—The National Intel-
ligence Director shall administer the Commu-
nity Management Staff after the date of the en-
actment of this Act as a component of the Of-
fice 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 Integration Center (TTIC), 
including all functions and activities dis-
1916 
charged 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 ad-
minister the Terrorist Threat Integration Cen-
ter after the date of the enactment of this Act 
as a component of the Directorate of Intel-
ligence of the National counterterrorism Cen-
ter under section 119(i) of the National Secu-
rity Act of 1947, as added by section 1021(a). 
SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DI-
RECTORS OF CENTRAL INTELLIGENCE. 
(a) TERMINATION.—The positions within 
the Central Intelligence Agency referred to in 
subsection (b) are hereby abolished. 
(b) COVERED
POSITIONS.—The positions 
within the Central Intelligence Agency re-
ferred to in this subsection are as follows: 
(1) The Assistant Director of Central 
Intelligence for Collection. 
(2) The Assistant Director of Central 
Intelligence for Analysis and Production. 
(3) The Assistant Director of Central 
Intelligence for Administration.
1917 
SEC. 1094. IMPLEMENTATION PLAN. 
(a) SUBMISSION
OF PLAN.—The President 
shall transmit to Congress a plan for the im-
plementation 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 obligations to the National Intel-
ligence Director pursuant to this title. 
(2) Any consolidation, reorganization, 
or streamlining of activities transferred to 
the National Intelligence Director pursu-
ant to this title. 
(3) The establishment of offices within 
the Office of the National Intelligence Di-
rector to implement the duties and re-
sponsibilities of the National Intelligence 
Director as described in this title. 
(4) Specification of any proposed dis-
position of property, facilities, contracts, 
records, and other assets and obligations 
to be transferred to the National Intel-
ligence Director. 
(5) Recommendations for additional 
legislative or administrative action as the 
Director considers appropriate.
1918 
(b) SENSE OF CONGRESS.—It is the sense of 
Congress that the permanent location for the 
headquarters for the Office of the National In-
telligence Director, should be at a location 
other than the George Bush Center for Intel-
ligence in Langley, Virginia. 
SEC. 1095. TRANSITIONAL AUTHORITIES. 
Upon the request of the National Intel-
ligence Director, the head of any executive 
agency may, on a reimbursable basis, provide 
services or detail personnel to the National In-
telligence Director. 
SEC. 1096. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as otherwise ex-
pressly provided in this Act, this title and the 
amendments made by this title shall take ef-
fect on the date of the enactment of this Act. 
(b) SPECIFIC EFFECTIVE DATES.—(1)(A) Not 
later than 60 days after the date of the enact-
ment of this Act, the National Intelligence Di-
rector shall first appoint individuals to posi-
tions within the Office of the National Intel-
ligence Director.
1919 
(B) Subparagraph (A) shall not apply with 
respect to the Deputy National Intelligence Di-
rector. 
(2) Not later than 180 days after the date 
of the enactment of this Act, the President 
shall transmit to Congress the implementation 
plan required under section 1904. 
(3) Not later than one year after the date 
of the enactment of this Act, the National In-
telligence Director shall prescribe regulations, 
policies, procedures, standards, and guide-
lines required under section 102A of the Na-
tional Security Act of 1947, as amended by sec-
tion 1011(a). 
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 Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 
1801(b)(1)) is amended by adding at the end 
the following new subparagraph:
1920 
‘‘(C) engages in international ter-
rorism 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 Ter-
rorist 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 in-
serting after section 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 
information 
under 
cir-
cumstances where such information 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 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,
1921 
the second sentence of section 46504, sec-
tion 46505 (b)(3) or (c), section 46506 if 
homicide or attempted homicide is in-
volved, or section 60123(b) of title 49 
shall— 
‘‘(A) be fined under this title or 
imprisoned not more than 5 years, or 
both; 
‘‘(B) if serious bodily injury re-
sults, be fined under this title or im-
prisoned 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, cap-
ture, or disappearance of a member of the 
Armed Forces of the United States during 
a war or armed conflict in which the 
United States is engaged, shall—
1922 
‘‘(A) be fined under this title or 
imprisoned not more than 5 years, or 
both; 
‘‘(B) if serious bodily injury re-
sults, be fined under this title or im-
prisoned 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 en-
gages in any conduct with intent to convey 
false or misleading information under cir-
cumstances where such information may rea-
sonably be believed and where such informa-
tion indicates that an activity has taken, is 
taking, or will take place that would con-
stitute a violation of chapter 2, 10, 11B, 39, 40, 
44, 111, or 113B of this title, section 236 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2284), or 
section 46502, the second sentence of section 
46504, section 46505 (b)(3) or (c), section 46506 
if homicide or attempted homicide is involved, 
or section 60123(b) of title 49 is liable in a civil 
action to any party incurring expenses inci-
1923 
dent to any emergency or investigative re-
sponse to that conduct, for those expenses. 
‘‘(c) REIMBURSEMENT.— 
‘‘(1) IN GENERAL.—The court, in impos-
ing a sentence on a defendant who has 
been convicted of an offense under sub-
section (a), shall order the defendant to 
reimburse any state or local government, 
or private not-for-profit organization that 
provides fire or rescue service incurring 
expenses incident to any emergency or in-
vestigative response to that conduct, for 
those expenses. 
‘‘(2) LIABILITY.—A person ordered to 
make reimbursement under this sub-
section shall be jointly and severally lia-
ble for such expenses with each other per-
son, if any, who is ordered to make reim-
bursement under this subsection for the 
same expenses. 
‘‘(3) CIVIL JUDGMENT.—An order of re-
imbursement under this subsection shall, 
for the purposes of enforcement, be treat-
ed as a civil judgment.
1924 
‘‘(d) ACTIVITIES
OF LAW ENFORCEMENT.— 
This section does not prohibit any lawfully au-
thorized investigative, protective, or intel-
ligence activity of a law enforcement agency of 
the United States, a State, or political subdivi-
sion of a State, or of an intelligence agency of 
the United States.’’. 
(b) CLERICAL AMENDMENT.—The table of 
sections as the beginning of chapter 47 of title 
18, United States Code, is amended by adding 
after the item for section 1037 the following: 
‘‘1038. False information and hoaxes.’’. 
SEC. 2023. OBSTRUCTION OF JUSTICE AND FALSE STATE-
MENTS IN TERRORISM CASES. 
(a) ENHANCED PENALTY.—Section 1001(a) 
and the third undesignated paragraph of sec-
tion 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, im-
prisoned not more than 5 years or, if the mat-
ter relates to international or domestic ter-
rorism (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,
1925 
the United States Sentencing Commission 
shall amend the Sentencing Guidelines to pro-
vide for an increased offense level for an of-
fense under sections 1001(a) and 1505 of title 
18, United States Code, if the offense involves 
a matter relating to international or domestic 
terrorism, as defined in section 2331 of such 
title. 
SEC. 2024. CLARIFICATION OF DEFINITION. 
Section 1958 of title 18, United States Code, 
is amended— 
(1) in subsection (a), by striking ‘‘fa-
cility in’’ and inserting ‘‘facility of’’; and 
(2) in subsection (b)(2), by inserting 
‘‘or foreign’’ after ‘‘interstate’’. 
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 Enhance-
ment Act of 2004’’.
1926 
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 
re-
ceives military-type training from or on behalf 
of any organization designated at the time of 
the training by the Secretary of State under 
section 219(a)(1) of the Immigration and Na-
tionality Act as a foreign terrorist organiza-
tion shall be fined under this title or impris-
oned for ten years, or both. To violate this sub-
section, a person must have knowledge that 
the organization is a designated terrorist or-
ganization (as defined in subsection (c)(4)), 
that the organization 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 terrorism (as defined in section 140(d)(2) of 
the Foreign Relations Authorization Act, Fis-
cal Years 1988 and 1989).
1927 
‘‘(b) 
EXTRATERRITORIAL
JURISDICTION.— 
There is extraterritorial Federal jurisdiction 
over an offense under this section. There is ju-
risdiction over an offense under subsection (a) 
if— 
‘‘(1) an offender is a national of the 
United States (as defined in 101(a)(22) of 
the Immigration and Nationality Act) or 
an alien lawfully admitted for permanent 
residence in the United States (as defined 
in section 101(a)(20) of the Immigration 
and Nationality Act); 
‘‘(2) an offender is a stateless person 
whose habitual 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 within the United States; 
‘‘(5) the offense occurs in or affects 
interstate or foreign commerce;
1928 
‘‘(6) an offender aids or abets any per-
son over whom jurisdiction exists under 
this paragraph in committing an offense 
under subsection (a) or conspires with 
any person over whom jurisdiction exists 
under this paragraph to commit an of-
fense 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 in-
jury, destroy or damage property, or dis-
rupt services to critical infrastructure, or 
training on the use, storage, production, 
or assembly of any explosive, firearm or 
other weapon, including any weapon of 
mass destruction (as defined in section 
2232a(c)(2)); 
‘‘(2) the term ‘serious bodily injury’ 
has the meaning given that term in sec-
tion 1365(h)(3); 
‘‘(3) the term ‘critical infrastructure’ 
means systems and assets vital to na-
tional defense, national security, eco-
nomic security, public health or safety in-
1929 
cluding both regional and national infra-
structure. Critical infrastructure may be 
publicly or privately owned; examples of 
critical infrastructure include gas and oil 
production, storage, or delivery systems, 
water supply systems, telecommunications 
networks, electrical power generation or 
delivery systems, financing and banking 
systems, emergency services (including 
medical, police, fire, and rescue services), 
and transportation systems and services 
(including highways, mass transit, air-
lines, and airports); and 
‘‘(4) the term ‘foreign terrorist organi-
zation’ means an organization designated 
as a terrorist organization under section 
219(a)(1) of the Immigration and Nation-
ality Act.’’. 
SEC. 2043. PROVIDING MATERIAL SUPPORT TO TERRORISM. 
(a) ADDITIONS TO OFFENSE OF PROVIDING 
MATERIAL
SUPPORT
TO
TERRORISTS.—Section 
2339A(a) of title 18, United States Code, is 
amended— 
(1) by designating the first sentence as 
paragraph (1);
1930 
(2) by designating the second sentence 
as paragraph (3); 
(3) by inserting after paragraph (1) as 
so designated by this subsection the fol-
lowing: 
‘‘(2) (A) Whoever in a circumstance de-
scribed in subparagraph (B) provides ma-
terial support or resources or conceals or 
disguises the nature, location, source, or 
ownership of material support or re-
sources, knowing or intending that they 
are to be used in preparation for, or in 
carrying out, an act of international or 
domestic terrorism (as defined in section 
2331), or in preparation for, or in car-
rying out, the concealment or escape from 
the commission of any such act, or at-
tempts or conspires to do so, shall be pun-
ished as provided under paragraph (1) for 
an offense under that paragraph. 
‘‘(B) The circumstances referred to in 
subparagraph (A) are any of the fol-
lowing: 
‘‘(i) The offense occurs in or af-
fects interstate or foreign commerce.
1931 
‘‘(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 domestic terrorism that appears 
to be intended to influence the policy, 
or affect the conduct, of the Govern-
ment of the United States or a foreign 
government. 
‘‘(iv) An offender, acting within 
the United States or outside the terri-
torial 
jurisdiction 
of 
the 
United 
States, is a national of the United 
States 
(as 
defined 
in 
section 
101(a)(22) of the Immigration and Na-
tionality Act), an alien lawfully ad-
mitted for permanent residence in the 
United States (as defined in section 
101(a)(20) of the Immigration and Na-
tionality Act), or a stateless person 
whose habitual residence is in the 
United States, and the act of ter-
rorism is an act of international ter-
rorism that appears to be intended to
1932 
influence the policy, or affect the con-
duct, 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 govern-
ment. 
‘‘(vi) An offender, acting outside 
the 
territorial 
jurisdiction 
of 
the 
United States, is an alien and the act 
of terrorism is an act of international 
terrorism that appears to be intended 
to influence the policy of, or affect the 
conduct of, the Government of the 
United States. 
‘‘(vii) An offender aids or abets 
any person over whom jurisdiction ex-
ists under this paragraph in commit-
ting an offense under this paragraph 
or conspires with any person over 
whom jurisdiction exists under this
1933 
paragraph 
to 
commit 
an 
offense 
under this paragraph.’’; and 
(4) by inserting ‘‘act or’’ after ‘‘under-
lying’’. 
(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, tan-
gible or intangible, or service, including’’ 
after ‘‘means’’; 
(3) by inserting ‘‘(one or more individ-
uals who may be or include oneself)’’ after 
‘‘personnel’’; 
(4) by inserting ‘‘and’’ before ‘‘trans-
portation’’; 
(5) by striking ‘‘and other physical as-
sets’’; and 
(6) by adding at the end the following: 
‘‘(2) As used in this subsection, the term 
‘training’ means instruction or teaching de-
signed to impart a specific skill, as opposed to 
general knowledge, and the term ‘expert ad-
vice or assistance’ means advice or assistance
1934 
derived from scientific, technical or other spe-
cialized knowledge.’’. 
(c) ADDITION TO OFFENSE OF PROVIDING MA-
TERIAL
SUPPORT
TO
TERRORIST
ORGANIZA-
TIONS.—Section 2339B(a)(1) of title 18, United 
States Code, is amended— 
(1) by striking ‘‘, within the United 
States or subject to the jurisdiction of the 
United States,’’ and inserting ‘‘in a cir-
cumstance described in paragraph (2)’’; 
and 
(2) by adding at the end the following: 
‘‘To violate this paragraph, a person must 
have knowledge that the organization is a 
designated terrorist organization (as de-
fined in subsection (g)(6)), that the orga-
nization has engaged or engages in ter-
rorist activity (as defined in section 
212(a)(3)(B) of the Immigration and Na-
tionality Act, or that the organization has 
engaged or engages in terrorism (as de-
fined in section 140(d)(2) of the Foreign 
Relations Authorization Act, Fiscal Years 
1988 and 1989.’’.
1935 
(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 para-
graph (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 Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(22)) or an alien 
lawfully admitted for permanent resi-
dence in the United States (as defined in 
section 101(a)(20) of the Immigration and 
Nationality Act. 
‘‘(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.
1936 
‘‘(E) The offense occurs in or affects 
interstate or foreign commerce. 
‘‘(F) An offender aids or abets any per-
son over whom jurisdiction exists under 
this paragraph in committing an offense 
under subsection (a) or conspires with 
any person over whom jurisdiction exists 
under this paragraph to commit an of-
fense 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 re-
sources’ has the same meaning given that 
term in section 2339A;’’. 
(f) ADDITIONAL PROVISIONS.—Section 2339B 
of title 18, United States Code, is amended by 
adding at the end the following: 
‘‘(h) PROVISION OF PERSONNEL.—No person 
may be prosecuted under this section in con-
nection with the term ‘personnel’ unless that 
person has knowingly provided, attempted to 
provide, or conspired to provide a foreign ter-
rorist organization with one or more individ-
uals (who may be or include himself) to work
1937 
under that terrorist organization’s direction 
or control or to organize, manage, supervise, 
or otherwise direct the operation of that orga-
nization. Individuals who act entirely inde-
pendently of the foreign terrorist organization 
to advance its goals or objectives shall not be 
considered to be working under the foreign ter-
rorist organization’s direction and control. 
‘‘(i) RULE OF CONSTRUCTION.—Nothing in 
this section shall be construed or applied so as 
to abridge the exercise 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 inserting ‘‘or resources, or any funds 
or proceeds of such funds’’; 
(2) in subparagraph (A), by striking 
‘‘were provided’’ and inserting ‘‘are to be 
provided, or knowing that the support or 
resources were provided,’’; and 
(3) in subparagraph (B)—
1938 
(A) by striking ‘‘or any proceeds of 
such funds’’; and 
(B) by striking ‘‘were provided or 
collected’’ and inserting ‘‘are to be 
provided or collected, 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 paragraph (14); and 
(3) by inserting after paragraph (12) 
the following: 
‘‘(13) the term ‘material support or re-
sources’ 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’’.
1939 
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 inter-
state or foreign commerce or in an ac-
tivity that affects interstate or foreign 
commerce; 
‘‘(C) any perpetrator travels in or 
causes another to travel in interstate 
or foreign commerce in furtherance of 
the offense; or 
‘‘(D) the offense, or the results of 
the offense, affect interstate or foreign 
commerce, or, in the case of a threat, 
attempt, or conspiracy, would have af-
fected 
interstate 
or 
foreign 
com-
merce;’’;
1940 
(2) in paragraph (3) of subsection (a), 
by striking the comma at the end and in-
serting ‘‘; or’’; 
(3) in subsection (a), by adding the 
following at the end: 
‘‘(4) against any property within the 
United States that is owned, leased, or 
used by a foreign 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 
‘‘certain’’;
1941 
(2) in subsection (a), by striking 
‘‘(other than a chemical weapon as that 
term is defined in section 229F)’’; and 
(3) in subsection (b), by striking 
‘‘(other than a chemical weapon (as that 
term is defined in section 229F))’’. 
(c) EXPANSION
OF
CATEGORIES
OF
RE-
STRICTED PERSONS SUBJECT
TO PROHIBITIONS 
RELATING
TO
SELECT
AGENTS.—Section 
175b(d)(2) of title 18, United States Code, is 
amended— 
(1) in subparagraph (G) by— 
(A) inserting ‘‘(i)’’ after ‘‘(G)’’; 
(B) inserting ‘‘, or (ii) acts for or 
on behalf of, or operates subject to the 
direction or control of, a government 
or official of a country described in 
this subparagraph’’ after ‘‘terrorism’’; 
and 
(C) striking ‘‘or’’ after the semi-
colon. 
(2) in subparagraph (H) by striking 
the period and inserting ‘‘; or’’; and 
(3) by adding at the end the following 
new subparagraph:
1942 
‘‘(I) is a member of, acts for or on 
behalf of, or operates subject to the di-
rection or control of, a terrorist orga-
nization 
as 
defined 
in 
section 
212(a)(3)(B)(vi) of the Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(3)(B)(vi)).’’. 
(d) CONFORMING AMENDMENT
TO REGULA-
TIONS.— 
(1) Section 175b(a)(1) of title 18, 
United States Code, is amended by strik-
ing ‘‘as a select agent in Appendix A’’ and 
all that follows and inserting the fol-
lowing: ‘‘as a non-overlap or overlap se-
lect biological agent or toxin in sections 
73.4 and 73.5 of title 42, Code of Federal 
Regulations, pursuant to section 351A of 
the Public Health Service Act, and is not 
excluded under sections 73.4 and 73.5 or 
exempted under section 73.6 of title 42, 
Code of Federal Regulations.’’. 
(2) The amendment made by para-
graph (1) shall take effect at the same 
time that sections 73.4, 73.5, and 73.6 of
1943 
title 42, Code of Federal Regulations, be-
come effective. 
SEC. 2053. PARTICIPATION IN NUCLEAR AND WEAPONS OF 
MASS 
DESTRUCTION 
THREATS 
TO 
THE 
UNITED STATES. 
(a) Section 57(b) of the Atomic Energy Act 
of 1954 (42 U.S.C. 2077(b)) is amended by strik-
ing ‘‘in the production of any special nuclear 
material’’ and inserting ‘‘or participate in the 
development or production of any special nu-
clear material or atomic weapon’’. 
(b) Title 18, United States Code, is amend-
ed— 
(1) in the table of sections at the be-
ginning of chapter 39, by inserting after 
the item relating to section 831 the fol-
lowing: 
‘‘832. Participation in nuclear and weapons of mass destruction 
threats to the United States.’’; 
(2) by inserting after section 831 the 
following: 
‘‘§ 832. Participation in nuclear and weapons of mass 
destruction threats to the United States 
‘‘(a) Whoever, within the United States or 
subject to the jurisdiction of the United States, 
willfully participates in or provides material
1944 
support or resources (as defined in section 
2339A) to a nuclear weapons program or other 
weapons of mass destruction program of a for-
eign terrorist power, or attempts or conspires 
to do so, shall be imprisoned for not more than 
20 years. 
‘‘(b) There is extraterritorial Federal juris-
diction over an offense under this section. 
‘‘(c) As used in this section— 
‘‘(1) ‘nuclear weapons program’ means 
a program or plan for the development, 
acquisition, or production of any nuclear 
weapon or weapons; 
‘‘(2) ‘weapons of mass destruction pro-
gram’ means a program or plan for the 
development, acquisition, or production of 
any weapon or weapons of mass destruc-
tion (as defined in section 2332a(c)); 
‘‘(3) ‘foreign terrorist power’ means a 
terrorist organization designated under 
section 219 of the Immigration and Na-
tionality Act, or a state sponsor of ter-
rorism designated under section 6(j) of 
the Export Administration Act of 1979 or
1945 
section 620A of the Foreign Assistance Act 
of 1961; and 
‘‘(4) 
‘nuclear 
weapon’ 
means 
any 
weapon that contains or uses nuclear ma-
terial as defined in section 831(f)(1).’’; and 
(3) in section 2332b(g)(5)(B)(i), by in-
serting after ‘‘nuclear materials),’’ the fol-
lowing: ‘‘832 (relating to participation in 
nuclear and weapons of mass destruction 
threats to the United States)’’. 
Subtitle E—Money Laundering and 
Terrorist Financing 
CHAPTER 1—FUNDING TO COMBAT FINAN-
CIAL CRIMES INCLUDING TERRORIST 
FINANCING 
SEC. 2101. ADDITIONAL AUTHORIZATION FOR FINCEN. 
Subsection (d) of section 310 of title 31, 
United States Code, is amended— 
(1) 
by 
striking 
‘‘APPROPRIATIONS.— 
There are authorized’’ and inserting ‘‘AP-
PROPRIATIONS.— 
‘‘(1) IN
GENERAL.—There are author-
ized’’; and 
(2) by adding at the end the following 
new paragraph:
1946 
‘‘(2) AUTHORIZATION FOR FUNDING KEY 
TECHNOLOGICAL IMPROVEMENTS IN MISSION- 
CRITICAL FINCEN SYSTEMS.—There are au-
thorized to be appropriated for fiscal year 
2005 the following amounts, which are au-
thorized to remain available until ex-
pended: 
‘‘(A) 
BSA 
DIRECT.—For 
techno-
logical improvements to provide au-
thorized law enforcement and finan-
cial regulatory agencies with Web- 
based access to FinCEN data, to fully 
develop and implement the highly se-
cure network required under section 
362 of Public Law 107–56 to expedite 
the filing of, and reduce the filing 
costs for, financial institution reports, 
including suspicious activity reports, 
collected by FinCEN under chapter 53 
and related provisions of law, and en-
able FinCEN to immediately alert fi-
nancial institutions about suspicious 
activities that warrant immediate and 
enhanced scrutiny, and to provide 
and upgrade advanced information-
1947 
sharing technologies to materially im-
prove the Government’s ability to ex-
ploit the information in the FinCEN 
databanks, $16,500,000. 
‘‘(B) ADVANCED
ANALYTICAL
TECH-
NOLOGIES.—To provide advanced ana-
lytical tools needed to ensure that the 
data collected by FinCEN under chap-
ter 53 and related provisions of law 
are utilized fully and appropriately in 
safeguarding 
financial 
institutions 
and supporting the war on terrorism, 
$5,000,000. 
‘‘(C) DATA NETWORKING MODERNIZA-
TION.—To improve the telecommuni-
cations infrastructure to support the 
improved capabilities of the FinCEN 
systems, $3,000,000. 
‘‘(D) ENHANCED COMPLIANCE CAPA-
BILITY.—To improve the effectiveness 
of 
the 
Office 
of 
Compliance 
in 
FinCEN, $3,000,000. 
‘‘(E) DETECTION
AND
PREVENTION 
OF FINANCIAL CRIMES AND TERRORISM.— 
To provide development of, and train-
1948 
ing in the use of, technology to detect 
and prevent financial crimes and ter-
rorism within and without the United 
States, $8,000,000.’’. 
SEC. 2102. MONEY LAUNDERING AND FINANCIAL CRIMES 
STRATEGY REAUTHORIZATION. 
(a) PROGRAM.—Section 5341(a)(2) of title 
31, United States Code, is amended by striking 
‘‘and 2003,’’ and inserting ‘‘2003, and 2005,’’. 
(b) 
REAUTHORIZATION
OF
APPROPRIA-
TIONS.—Section 5355 of title 31, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘2004 .......................................
$15,000,000. 
‘‘2005 .......................................
$15,000,000.’’. 
CHAPTER 2—ENFORCEMENT TOOLS TO 
COMBAT FINANCIAL CRIMES INCLUD-
ING TERRORIST FINANCING 
Subchapter A—Money laundering abatement 
and financial antiterrorism technical cor-
rections 
SEC. 2111. SHORT TITLE. 
This subchapter may be cited as the 
‘‘Money Laundering Abatement and Financial 
Antiterrorism Technical Corrections Act of 
2004’’.
1949 
SEC. 2112. TECHNICAL CORRECTIONS TO PUBLIC LAW 107– 
56. 
(a) The heading of title III of Public Law 
107–56 is amended to read as follows: 
‘‘TITLE 
III—INTERNATIONAL 
MONEY LAUNDERING ABATE-
MENT 
AND 
FINANCIAL 
ANTITERRORISM 
ACT 
OF 
2001’’. 
(b) The table of contents of Public Law 
107–56 is amended by striking the item relat-
ing to title III and inserting the following new 
item: 
‘‘TITLE III—INTERNATIONAL MONEY LAUNDERING ABATE-
MENT AND FINANCIAL ANTITERRORISM ACT OF 2001’’. 
(c) Section 302 of Public Law 107–56 is 
amended— 
(1) in subsection (a)(4), by striking the 
comma 
after 
‘‘movement 
of 
criminal 
funds’’; 
(2) in subsection (b)(7), by inserting 
‘‘or types of accounts’’ after ‘‘classes of 
international transactions’’; and 
(3) in subsection (b)(10), by striking 
‘‘subchapters II and III’’ and inserting 
‘‘subchapter II’’.
1950 
(d) Section 303(a) of Public Law 107–56 is 
amended by striking ‘‘Anti-Terrorist Financ-
ing 
Act’’ 
and 
inserting 
‘‘Financial 
Antiterrorism Act’’. 
(e) The heading for section 311 of Public 
Law 107–56 is amended by striking ‘‘OR INTER-
NATIONAL TRANSACTIONS’’ and inserting ‘‘INTER-
NATIONAL
TRANSACTIONS, 
OR
TYPES
OF
AC-
COUNTS’’. 
(f) Section 314 of Public Law 107–56 is 
amended— 
(1) in paragraph (1)— 
(A) by inserting a comma after 
‘‘organizations engaged in’’; and 
(B) by inserting a comma after 
‘‘credible evidence of engaging in’’; 
(2) in paragraph (2)(A)— 
(A) by striking ‘‘and’’ after ‘‘non-
governmental organizations,’’; and 
(B) by inserting a comma after 
‘‘unwittingly 
involved 
in 
such 
fi-
nances’’; 
(3) in paragraph (3)(A)—
1951 
(A) by striking ‘‘to monitor ac-
counts of’’ and inserting ‘‘monitor ac-
counts of,’’; and 
(B) by striking the comma after 
‘‘organizations identified’’; and 
(4) in paragraph (3)(B), by inserting 
‘‘financial’’ after ‘‘size, and nature of the’’. 
(g) Section 321 of Public Law 107–56 is 
amended by striking ‘‘5312(2)’’ and inserting 
‘‘5312(a)(2)’’. 
(h) Section 325 of Public Law 107–56 is 
amended by striking ‘‘as amended by section 
202 of this title,’’ and inserting ‘‘as amended 
by section 352,’’. 
(i) Subsections (a)(2) and (b)(2) of section 
327 of Public Law 107–56 are each amended by 
inserting a period after ‘‘December 31, 2001’’ 
and striking all that follows through the pe-
riod at the end of each such subsection. 
(j) Section 356(c)(4) of Public Law 107–56 
is amended by striking ‘‘or business or other 
grantor trust’’ and inserting ‘‘, business trust, 
or other grantor trust’’. 
(k) Section 358(e) of Public Law 107–56 is 
amended—
1952 
(1) by striking ‘‘Section 123(a)’’ and 
inserting ‘‘That portion of section 123(a)’’; 
(2) by striking ‘‘is amended to read’’ 
and inserting ‘‘that precedes paragraph 
(1) of such section is amended to read’’; 
and 
(3) by striking ‘‘.’.’’ at the end of such 
section and inserting ‘‘—’ ’’. 
(l) Section 360 of Public Law 107–56 is 
amended— 
(1) in subsection (a), by inserting 
‘‘the’’ after ‘‘utilization of the funds of’’; 
and 
(2) in subsection (b), by striking ‘‘at 
such institutions’’ and inserting ‘‘at such 
institution’’. 
(m) Section 362(a)(1) of Public Law 107–56 
is amended by striking ‘‘subchapter II or III’’ 
and inserting ‘‘subchapter II’’. 
(n) Section 365 of Public Law 107–56 is 
amended— 
(1) by redesignating the 2nd of the 2 
subsections designated as subsection (c) 
(relating to a clerical amendment) as sub-
section (d); and
1953 
(2) by redesignating subsection (f) as 
subsection (e). 
(o) Section 365(d) of Public Law 107–56 (as 
so redesignated by subsection (n) of this sec-
tion) is amended by striking ‘‘section 5332 (as 
added by section 112 of this title)’’ and insert-
ing ‘‘section 5330’’. 
SEC. 2113. TECHNICAL CORRECTIONS TO OTHER PROVI-
SIONS OF LAW. 
(a) Section 310(c) of title 31, United States 
Code, is amended by striking ‘‘the Network’’ 
each place such term appears and inserting 
‘‘FinCEN’’. 
(b) Section 5312(a)(3)(C) of title 31, United 
States Code, is amended by striking ‘‘sections 
5333 and 5316’’ and inserting ‘‘sections 5316 
and 5331’’. 
(c) Section 5318(i) of title 31, United States 
Code, is amended— 
(1) in paragraph (3)(B), by inserting a 
comma after ‘‘foreign political figure’’ the 
2nd place such term appears; and 
(2) in the heading of paragraph (4), by 
striking 
‘‘DEFINITION’’ 
and 
inserting 
‘‘DEFINITIONS’’.
1954 
(d) Section 5318(k)(1)(B) of title 31, United 
States Code, is amended by striking ‘‘section 
5318A(f)(1)(B)’’ 
and 
inserting 
‘‘section 
5318A(e)(1)(B)’’. 
(e) The heading for section 5318A of title 
31, United States Code, is amended to read as 
follows: 
‘‘§ 5318A. Special measures for jurisdictions, financial 
institutions, international transactions, 
or types of accounts of primary money 
laundering concern’’. 
(f) Section 5318A of title 31, United States 
Code, is amended— 
(1) in subsection (a)(4)(A), by striking 
‘‘, as defined in section 3 of the Federal 
Deposit Insurance Act,’’ and inserting ‘‘(as 
defined in section 3 of the Federal Deposit 
Insurance Act)’’; 
(2) in subsection (a)(4)(B)(iii), by 
striking ‘‘or class of transactions’’ and in-
serting ‘‘class of transactions, or type of 
account’’; 
(3) in subsection (b)(1)(A), by striking 
‘‘or class of transactions to be’’ and insert-
1955 
ing ‘‘class of transactions, or type of ac-
count to be’’; and 
(4) in subsection (e)(3), by inserting 
‘‘or subsection (i) or (j) of section 5318’’ 
after ‘‘identification of individuals under 
this section’’. 
(g) Section 5324(b) of title 31, United 
States Code, is amended by striking ‘‘5333’’ 
each place such term appears and inserting 
‘‘5331’’. 
(h) Section 5332 of title 31, United States 
Code, is amended— 
(1) in subsection (b)(2), by striking 
‘‘, subject to subsection (d) of this section’’; 
and 
(2) in subsection (c)(1), by striking 
‘‘, subject to subsection (d) of this sec-
tion,’’. 
(i) The table of sections for subchapter II 
of chapter 53 of title 31, United States Code, 
is amended by striking the item relating to sec-
tion 5318A and inserting the following new 
item: 
‘‘5318A. Special measures for jurisdictions, financial institu-
tions, international transactions, or types of ac-
counts of primary money laundering concern.’’.
1956 
(j) Section 18(w)(3) of the Federal Deposit 
Insurance Act (12 U.S.C. 1828(w)(3)) is amend-
ed by inserting a comma after ‘‘agent of such 
institution’’. 
(k) Section 21(a)(2) of the Federal Deposit 
Insurance Act (12 U.S.C. 1829b(a)(2)) is 
amended by striking ‘‘recognizes that’’ and in-
serting ‘‘recognizing that’’. 
(l) Section 626(e) of the Fair Credit Report-
ing Act (15 U.S.C. 1681v(e)) is amended by 
striking ‘‘governmental agency’’ and inserting 
‘‘government agency’’. 
SEC. 2114. REPEAL OF REVIEW. 
Title III of Public Law 107–56 is amended 
by striking section 303 (31 U.S.C. 5311 note). 
SEC. 2115. EFFECTIVE DATE. 
The amendments made by this subchapter 
to Public Law 107–56, the United States Code, 
the Federal Deposit Insurance Act, and any 
other provision of law shall take effect as if 
such amendments had been included in Public 
Law 107–56, as of the date of the enactment of 
such Public Law, and no amendment made by 
such Public Law that is inconsistent with an
1957 
amendment made by this subchapter shall be 
deemed to have taken effect. 
Subchapter B—Additional enforcement tools 
SEC. 2121. BUREAU OF ENGRAVING AND PRINTING SECU-
RITY PRINTING. 
(a) PRODUCTION
OF DOCUMENTS.—Section 
5114(a) of title 31, United States Code (relating 
to engraving and printing currency and secu-
rity documents), is amended— 
(1) by striking ‘‘(a) The Secretary of 
the Treasury’’ and inserting: 
‘‘(a) AUTHORITY TO ENGRAVE AND PRINT.— 
‘‘(1) IN GENERAL.—The Secretary of the 
Treasury’’; and 
(2) by adding at the end the following 
new paragraphs: 
‘‘(2) ENGRAVING
AND
PRINTING
FOR 
OTHER
GOVERNMENTS.—The Secretary of 
the Treasury may produce currency, post-
age stamps, and other security documents 
for foreign governments if— 
‘‘(A) the Secretary of the Treasury 
determines that such production will 
not interfere with engraving and
1958 
printing needs of the United States; 
and 
‘‘(B) the Secretary of State deter-
mines that such production would be 
consistent with the foreign policy of 
the United States. 
‘‘(3) PROCUREMENT
GUIDELINES.—Arti-
cles, material, and supplies procured for 
use in the production of currency, postage 
stamps, and other security documents for 
foreign governments pursuant to para-
graph (2) shall be treated in the same 
manner as articles, material, and sup-
plies procured for public use within the 
United States for purposes of title III of 
the Act of March 3, 1933 (41 U.S.C. 10a et 
seq.; commonly referred to as the Buy 
American Act).’’. 
(b) REIMBURSEMENT.—Section 5143 of title 
31, United States Code (relating to payment for 
services of the Bureau of Engraving and Print-
ing), is amended— 
(1) in the first sentence, by inserting 
‘‘or to a foreign government under section 
5114’’ after ‘‘agency’’;
1959 
(2) in the second sentence, by inserting 
‘‘and other’’ after ‘‘including administra-
tive’’; and 
(3) in the last sentence, by inserting 
‘‘, and the Secretary shall take such ac-
tion, in coordination with the Secretary of 
State, as may be appropriate to ensure 
prompt payment by a foreign government 
of any invoice or statement of account 
submitted by the Secretary with respect to 
services rendered under section 5114’’ be-
fore the period at the end. 
SEC. 2122. CONDUCT IN AID OF COUNTERFEITING. 
(a) IN GENERAL.—Section 474(a) of title 18, 
United States Code, is amended by inserting 
after the paragraph beginning ‘‘Whoever has 
in his control, custody, or possession any 
plate’’ the following: 
‘‘Whoever, with intent to defraud, has in 
his custody, control, or possession any mate-
rial that can be used to make, alter, forge or 
counterfeit any obligations and other securi-
ties of the United States or any part of such 
securities and obligations, except under the 
authority of the Secretary of the Treasury; or’’.
1960 
(b) FOREIGN
OBLIGATIONS
AND
SECURI-
TIES.—Section 481 of title 18, United States 
Code, is amended by inserting after the para-
graph beginning ‘‘Whoever, with intent to de-
fraud’’ the following: 
‘‘Whoever, with intent to defraud, has in 
his custody, control, or possession any mate-
rial that can be used to make, alter, forge or 
counterfeit any obligation or other security of 
any foreign government, bank or corporation; 
or’’. 
(c) COUNTERFEIT ACTS.—Section 470 of title 
18, United States Code, is amended by striking 
‘‘or 474’’ and inserting ‘‘474, or 474A’’. 
(d) MATERIALS USED IN COUNTERFEITING.— 
Section 474A(b) of title 18, United States Code, 
is amended by striking ‘‘any essentially iden-
tical’’ and inserting ‘‘any thing or material 
made after or in the similitude of any’’. 
SEC. 2123. REPORTING OF CROSS-BORDER TRANSMITTAL 
OF FUNDS. 
Section 5318 of title 31, United States Code, 
is amended by adding at the end the following 
new subsection:
1961 
‘‘(n) REPORTING OF CROSS-BORDER TRANS-
MITTAL OF FUNDS.— 
‘‘(1) IN
GENERAL.—Subject to para-
graph (3), the Secretary shall prescribe 
regulations requiring such financial in-
stitutions as the Secretary determines to 
be appropriate to report to the Financial 
Crimes 
Enforcement 
Network 
certain 
cross-border electronic transmittals of 
funds relevant to efforts of the Secretary 
against money laundering and terrorist 
financing. 
‘‘(2) FORM AND MANNER OF REPORTS.— 
In prescribing the regulations required 
under paragraph (1), the Secretary shall 
determine the appropriate form, manner, 
content and frequency of filing of the re-
quired reports. 
‘‘(3) FEASIBILITY
REPORT.—Before pre-
scribing the regulations required under 
paragraph (1), and as soon as is prac-
ticable after the date of enactment of the 
9/11 
Recommendations 
Implementation 
Act, the Secretary shall delegate to the 
Bank Secrecy Act Advisory Group estab-
1962 
lished by the Secretary the task of pro-
ducing a report for the Secretary and the 
Congress that— 
‘‘(A) identifies the information in 
cross-border electronic transmittals of 
funds 
that 
is 
relevant 
to 
efforts 
against money laundering and ter-
rorist financing; 
‘‘(B) makes recommendations re-
garding the appropriate form, man-
ner, content and frequency of filing of 
the required reports; and 
‘‘(C) identifies the technology nec-
essary for the Financial Crimes En-
forcement Network to receive, keep, ex-
ploit and disseminate information 
from reports of cross-border electronic 
transmittals of funds to law enforce-
ment and other entities engaged in ef-
forts against money laundering and 
terrorist financing. 
The report shall be submitted to the Sec-
retary and the Congress no later than the 
end of the 1-year period beginning on the 
date of enactment of such Act.
1963 
‘‘(4) REGULATIONS.— 
‘‘(A) IN GENERAL.—Subject to sub-
paragraph (B), the regulations re-
quired by paragraph (1) shall be pre-
scribed in final form by the Secretary, 
in consultation with the Board of Gov-
ernors of the Federal Reserve System, 
before the end of the 3-year period be-
ginning on the date of the enactment 
of the 9/11 Recommendations Imple-
mentation Act. 
‘‘(B) TECHNOLOGICAL FEASIBILITY.— 
No regulations shall be prescribed 
under this subsection before the Sec-
retary certifies to the Congress that 
the Financial Crimes Enforcement 
Network has the technological systems 
in place to effectively and efficiently 
receive, keep, exploit, and disseminate 
information from reports of cross-bor-
der electronic transmittals of funds to 
law enforcement and other entities en-
gaged in efforts against money laun-
dering and terrorist financing.
1964 
‘‘(5) RECORDKEEPING.—No financial in-
stitution required to submit reports on 
certain cross-border electronic transmit-
tals of funds to the Financial Crimes En-
forcement Network under this subsection 
shall be subject to the recordkeeping re-
quirement under section 21(b)(3) of the 
Federal Deposit Insurance Act with re-
spect to such transmittals of funds.’’. 
SEC. 2124. ENHANCED EFFECTIVENESS OF EXAMINATIONS, 
INCLUDING ANTI-MONEY LAUNDERING PRO-
GRAMS. 
(a) DEPOSITORY INSTITUTIONS AND DEPOSI-
TORY INSTITUTION HOLDING COMPANIES.—Sec-
tion 10 of the Federal Deposit Insurance Act 
(12 U.S.C. 1820) is amended by adding at the 
end the following new subsection: 
‘‘(k) POST-EMPLOYMENT
LIMITATIONS
ON 
LEADING BANK EXAMINERS.— 
‘‘(1) IN GENERAL.—In the case of any 
person who— 
‘‘(A) was an officer or employee 
(including any special Government 
employee) of a Federal banking agen-
cy or a Federal reserve bank; and
1965 
‘‘(B) served 2 or more months dur-
ing the final 18 months of such per-
son’s employment with such agency or 
entity as the examiner-in-charge (or a 
functionally equivalent position) of a 
depository institution or depository in-
stitution holding company with dedi-
cated, overall, continuous, and ongo-
ing responsibility for the examination 
(or inspection) and supervision of that 
depository institution or depository in-
stitution holding company, 
such person may not hold any office, posi-
tion, or employment at any such deposi-
tory institution or depository institution 
holding company, become a controlling 
shareholder in, a consultant for, a joint- 
venture partner with, or an independent 
contractor for (including as attorney, ap-
praiser, or accountant) any such deposi-
tory institution or holding company, or 
any other company that controls such de-
pository institution, or otherwise partici-
pate in the conduct of the affairs of any 
such depository institution or holding
1966 
company, during the 1-year period begin-
ning on such date. 
‘‘(2) VIOLATORS SUBJECT TO INDUSTRY- 
WIDE PROHIBITION ORDERS.— 
‘‘(A) IN
GENERAL.—In addition to 
any other penalty which may apply, 
whenever 
the 
appropriate 
Federal 
banking agency determines that a per-
son subject to paragraph (1) has vio-
lated the prohibition in such para-
graph with respect to any insured de-
pository institution or depository insti-
tution holding company or any other 
company, the agency shall serve a 
written notice or order, in accordance 
with and subject to the provisions of 
section 8(e)(4) for written notices 
under paragraphs (1) or (2) of section 
8(e), upon such person of the agency’s 
intention to— 
‘‘(i) remove such person from 
office in any capacity described in 
paragraph (1); and 
‘‘(ii) prohibit any further par-
ticipation by such person, in any
1967 
manner, in the conduct of the af-
fairs of any insured depository in-
stitution or depository institution 
holding company for a period of 5 
years. 
‘‘(B) 
SCOPE
OF
PROHIBITION 
ORDER.—Any person subject to an 
order issued under this subsection 
shall be subject to paragraphs (6) and 
(7) of section 8(e) in the same manner 
and to the same extent as a person 
subject to an order issued under such 
section and subsections (i) and (j) of 
section 8 and any other provision of 
this Act applicable to orders issued 
under subsection (e) or (g) shall apply 
with respect to such order. 
‘‘(3) REGULATIONS.— 
‘‘(A) 
IN
GENERAL.—The 
Federal 
banking agencies shall prescribe reg-
ulations to implement this subsection, 
including the manner for determining 
which persons are referred to in para-
graph 1(B) taking into account—
1968 
‘‘(i) the manner in which ex-
aminers and other persons who 
participate in the regulation, ex-
amination, or monitoring of de-
pository institutions or depository 
institution holding companies are 
distributed among such institu-
tions or companies by such agen-
cy, including the number of exam-
iners and other persons assigned 
to each institution or holding 
company, the depth and structure 
of any group so assigned within 
such distribution, and the factors 
giving rise to that distribution; 
‘‘(ii) the number of institutions 
or companies each such examiner 
or other person is so involved with 
in any given period of assignment; 
‘‘(iii) the period of time for 
which each such examiner or 
other person is assigned to an in-
stitution or company, or a group 
of institutions or companies, be-
fore reassignment;
1969 
‘‘(iv) the size of the institutions 
or holding companies for which 
each such person is responsible 
and the amount of time devoted to 
each such institution or holding 
company during each examina-
tion period; and 
‘‘(v) such other factors as the 
agency determines to be appro-
priate. 
‘‘(B) DETERMINATION
OF
APPLICA-
BILITY.—The regulations prescribed or 
orders issued under this subpara-
graph by an appropriate Federal 
banking agency shall include a proc-
ess, initiated by application or other-
wise, for determining whether any 
person who ceases to be, or intends to 
cease to be, an examiner of, or a per-
son having supervisory authority over, 
insured depository institutions or de-
pository institution holding compa-
nies for or on behalf of such agency is 
subject to the limitations of this sub-
section with respect to any particular
1970 
insured depository institution or de-
pository institution holding company. 
‘‘(C) CONSULTATION.—The Federal 
banking agencies shall consult with 
each other for the purpose of assuring 
that the rules and regulations issued 
by the agencies under subparagraph 
(A) are, to the extent possible, con-
sistent, comparable, and practicable, 
taking into account any differences in 
the supervisory programs utilized by 
the agencies for the supervision of de-
pository institutions and depository 
institution holding companies. 
‘‘(4) 
WAIVER.—A 
Federal 
banking 
agency may waive, on a case-by-case basis, 
the restrictions imposed by this subsection 
if— 
‘‘(A) the head of the agency cer-
tifies in writing that the grant of such 
waiver would be not inconsistent with 
the public interest; and 
‘‘(B) the waiver is provided in ad-
vance before the person becomes affili-
ated in any way with the depository
1971 
institution or depository institution 
holding company. 
‘‘(5) DEFINITIONS
AND
RULES
OF
CON-
STRUCTION.—For purposes of this sub-
section, the following definitions and 
rules shall apply: 
‘‘(A) 
DEPOSITORY
INSTITUTION.— 
The term ‘depository institution’ in-
cludes an uninsured branch or agency 
of a foreign bank if such branch or 
agency is located in any State. 
‘‘(B) 
DEPOSITORY
INSTITUTION 
HOLDING COMPANY.—The term ‘deposi-
tory institution holding company’ in-
cludes any foreign bank or company 
described in section 8(a) of the Inter-
national Banking Act of 1978. 
‘‘(C) HEAD
OF
THE
AGENCY.—The 
term ‘the head of agency’ means— 
‘‘(i) the Comptroller of the 
Currency, in the case of the Office 
of the Comptroller of the Cur-
rency; 
‘‘(ii) 
the 
Chairman 
of 
the 
Board of Governors of the Federal
1972 
Reserve System, in the case of the 
Board of Governors of the Federal 
Reserve System; 
‘‘(iii) the Chairperson of the 
Board of Directors, in the case of 
the 
Federal 
Deposit 
Insurance 
Corporation; and 
‘‘(iv) the Director, in the case 
of the Office of Thrift Supervision. 
‘‘(D) RULE
OF
CONSTRUCTION
FOR 
CONSULTANTS
AND
INDEPENDENT
CON-
TRACTORS.—A person shall be deemed 
to act as a consultant or independent 
contractor (including as an attorney, 
appraiser, or accountant) for a depos-
itory institution or a depository hold-
ing company only if such person di-
rectly works on matters for, or on be-
half of, such depository institution or 
depository holding company. 
‘‘(E) APPROPRIATE AGENCY FOR CER-
TAIN OTHER COMPANIES.—The term ‘ap-
propriate Federal banking agency’ 
means, with respect to a company that 
is not a depository institution or de-
1973 
pository institution holding company, 
the Federal banking agency on whose 
behalf the person described in para-
graph (1) performed the functions de-
scribed in paragraph (3).’’. 
(b) CREDIT UNIONS.—Section 206 of the 
Federal Credit Union Act (12 U.S.C. 1786) is 
amended by adding at the end the following 
new subsection: 
‘‘(w) POST-EMPLOYMENT LIMITATIONS ON EX-
AMINERS.— 
‘‘(1) 
REGULATIONS
REQUIRED.—The 
Board shall consult with the Federal 
banking agencies and prescribe regula-
tions imposing the same limitations on 
persons employed by or on behalf of the 
Board as leading examiners of, or func-
tionally equivalent positions with respect 
to, credit unions as are applicable under 
section 10(k) of the Federal Deposit Insur-
ance Act, taking into account all the re-
quirements and factors described in para-
graphs (3) and (4) of such section. 
‘‘(2) ENFORCEMENT.—The Board shall 
issue orders under subsection (g) with re-
1974 
spect to any person who violates any regu-
lation prescribed pursuant to paragraph 
(1) to— 
‘‘(A) remove such person from of-
fice in any capacity with respect to a 
credit union; and 
‘‘(B) prohibit any further partici-
pation by such person, in any manner, 
in the conduct of the affairs of any 
credit union for a period of 5 years. 
‘‘(3) SCOPE
OF
PROHIBITION
ORDER.— 
Any person subject to an order issued 
under this subsection shall be subject to 
paragraphs (5) and (7) of subsection (g) 
in the same manner and to the same ex-
tent as a person subject to an order issued 
under such subsection and subsection (l) 
and any other provision of this Act appli-
cable to orders issued under subsection 
(g) shall apply with respect to such 
order.’’. 
(c) STUDY OF EXAMINER HIRING AND RETEN-
TION.— 
(1) STUDY REQUIRED.—The Board of Di-
rectors of the Federal Deposit Insurance
1975 
Corporation, the Comptroller of the Cur-
rency, the Director of the Office of Thrift 
Supervision, the Board of Governors of the 
Federal Reserve System, and the National 
Credit Union Administration Board, act-
ing through the Financial Institutions Ex-
amination Council, shall conduct a study 
of efforts and proposals for— 
(A) retaining the services of expe-
rienced and highly qualified exam-
iners and supervisors already em-
ployed by such agencies; and 
(B) continuing to attract such ex-
aminers and supervisors on an-ongo-
ing basis to the extent necessary to 
fulfill the agencies’ obligations to 
maintain the safety and soundness of 
the Nation’s depository institutions. 
(2) REPORT.—Before the end of the 1- 
year period beginning on the date of the 
enactment of this Act, the agencies con-
ducting the study under paragraph (1) 
shall submit a report containing the find-
ings and conclusions of such agencies 
with respect to such study, together with