1072 
(f) COMPLIANCE.—The Director shall establish a re-
view procedure by which agencies can seek review of ac-
tions required under section 5073. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary for fiscal year 2005 and each subsequent fiscal year 
for the implementation, maintenance and operation of the 
database established in subsection (a). 
SEC. 5075. USE OF AVAILABLE TECHNOLOGY IN CLEAR-
ANCE INVESTIGATIONS. 
(a) INVESTIGATIONS.—Not later than 12 months 
after the date of the enactment of this Act, each author-
ized investigative agency that conducts personnel security 
clearance investigations shall use, to the maximum extent 
practicable, available information technology and data-
bases to expedite investigative processes and to verify 
standard information submitted as part of an application 
for a security clearance. 
(b) INTERIM CLEARANCE.—If the application of an 
applicant for an interim clearance has been processed 
using the technology under subsection (a), the interim 
clearances for the applicant at the secret, top secret, and 
special access program levels may be granted before the 
completion of the appropriate investigation. Any request 
to process an interim clearance shall be given priority, and
1073 
the authority granting the interim clearance shall ensure 
that final adjudication on the application is made within 
90 days after the initial clearance is granted. 
(c) ON-GOING MONITORING OF INDIVIDUALS WITH 
SECURITY CLEARANCES.—(1) Authorized investigative 
agencies and authorized adjudicative agencies shall estab-
lish procedures for the regular, ongoing verification of per-
sonnel with security clearances in effect for continued ac-
cess to classified information. Such procedures shall in-
clude the use of available technology to detect, on a regu-
larly recurring basis, any issues of concern that may arise 
involving such personnel and such access. 
(2) Such regularly recurring verification may be used 
as a basis for terminating a security clearance or access 
and shall be used in periodic reinvestigations to address 
emerging threats and adverse events associated with indi-
viduals with security clearances in effect to the maximum 
extent practicable. 
(3) If the Director certifies that the national security 
of the United States is not harmed by the discontinuation 
of
periodic
reinvestigations,
the
regularly
recurring 
verification under this section may replace periodic re-
investigations.
1074 
SEC. 5076. REDUCTION IN LENGTH OF PERSONNEL SECU-
RITY CLEARANCE PROCESS. 
(a)
60-Day
PERIOD
FOR
DETERMINATION
ON 
CLEARANCES.—Each authorized adjudicative agency shall 
make a determination on an application for a personnel 
security clearance within 60 days after the date of receipt 
of the completed application for a security clearance by 
an authorized investigative agency. The 60-day period 
shall include— 
(1) a period of not longer than 40 days to com-
plete the investigative phase of the clearance review; 
and 
(2) a period of not longer than 20 days to com-
plete the adjudicative phase of the clearance review. 
(b) EFFECTIVE DATE AND PHASE-IN.— 
(1) EFFECTIVE
DATE.—Subsection (a) shall 
take effect 5 years after the date of the enactment 
of this Act. 
(2) PHASE-IN.—During the period beginning on 
a date not later than 2 years after the date after the 
enactment of this Act and ending on the date on 
which subsection (a) takes effect as specified in 
paragraph (1), each authorized adjudicative agency 
shall make a determination on an application for a 
personnel security clearance pursuant to this title 
within 120 days after the date of receipt of the ap-
1075 
plication for a security clearance by an authorized 
investigative agency. The 120-day period shall in-
clude— 
(A) a period of not longer than 90 days to 
complete the investigative phase of the clear-
ance review; and 
(B) a period of not longer than 30 days to 
complete the adjudicative phase of the clearance 
review. 
SEC.
5077.
SECURITY
CLEARANCES
FOR
PRESIDENTIAL 
TRANSITION. 
(a) CANDIDATES FOR NATIONAL SECURITY POSI-
TIONS.—(1) The President-elect shall submit to the Direc-
tor the names of candidates for high-level national security 
positions, for positions at the level of under secretary of 
executive departments and above, as soon as possible after 
the date of the general elections held to determine the elec-
tors of President and Vice President under section 1 or 
2 of title 3, United States Code. 
(2) The Director shall be responsible for the expedi-
tious completion of the background investigations nec-
essary to provide appropriate security clearances to the in-
dividuals who are candidates described under paragraph 
(1) before the date of the inauguration of the President-
1076 
elect as President and the inauguration of the Vice-Presi-
dent-elect as Vice President. 
(b) SECURITY CLEARANCES FOR TRANSITION TEAM 
MEMBERS.—(1) In this section, the term ‘‘major party’’ 
has the meaning provided under section 9002(6) of the 
Internal Revenue Code of 1986. 
(2) Each major party candidate for President, except 
a candidate who is the incumbent President, shall submit, 
before the date of the general presidential election, re-
quests for security clearances for prospective transition 
team members who will have a need for access to classified 
information to carry out their responsibilities as members 
of the President-elect’s transition team. 
(3) Necessary background investigations and eligi-
bility determinations to permit appropriate prospective 
transition team members to have access to classified infor-
mation shall be completed, to the fullest extent practicable, 
by the day after the date of the general presidential elec-
tion. 
SEC. 5078. REPORTS. 
Not later than February 15, 2006, and annually 
thereafter through 2016, the Director shall submit to the 
appropriate committees of Congress a report on the 
progress made during the preceding year toward meeting
1077 
the requirements specified in this Act. The report shall 
include— 
(1) the periods of time required by the author-
ized investigative agencies and authorized adjudica-
tive agencies during the year covered by the report 
for conducting investigations, adjudicating cases, 
and granting clearances, from date of submission to 
ultimate disposition and notification to the subject 
and the subject’s employer; 
(2) a discussion of any impediments to the 
smooth and timely functioning of the implementation 
of this title; and 
(3) such other information or recommendations 
as the Deputy Director deems appropriate. 
Subtitle G—Emergency Financial 
Preparedness 
SEC. 5081. DELEGATION AUTHORITY OF THE SECRETARY 
OF THE TREASURY. 
Subsection (d) of section 306 of title 31, United 
States Code, is amended by inserting ‘‘or employee’’ after 
‘‘another officer’’.
1078 
SEC. 5082. EXTENSION OF EMERGENCY ORDER AUTHORITY 
OF THE SECURITIES AND EXCHANGE COM-
MISSION. 
(a) EXTENSION OF AUTHORITY.—Paragraph (2) of 
section 12(k) of the Securities Exchange Act of 1934 (15 
U.S.C. 78l(k)(2)) is amended to read as follows: 
‘‘(2) EMERGENCY ORDERS.—(A) The Commis-
sion, in an emergency, may by order summarily take 
such action to alter, supplement, suspend, or impose 
requirements or restrictions with respect to any mat-
ter or action subject to regulation by the Commis-
sion or a self-regulatory organization under the secu-
rities laws, as the Commission determines is nec-
essary in the public interest and for the protection 
of investors— 
‘‘(i) to maintain or restore fair and orderly 
securities markets (other than markets in ex-
empted securities); 
‘‘(ii) to ensure prompt, accurate, and safe 
clearance and settlement of transactions in se-
curities (other than exempted securities); or 
‘‘(iii) to reduce, eliminate, or prevent the 
substantial disruption by the emergency of (I) 
securities markets (other than markets in ex-
empted securities), investment companies, or 
any other significant portion or segment of such
1079 
markets, or (II) the transmission or processing 
of securities transactions (other than trans-
actions in exempted securities). 
‘‘(B) An order of the Commission under this 
paragraph (2) shall continue in effect for the period 
specified by the Commission, and may be extended. 
Except as provided in subparagraph (C), the Com-
mission’s action may not continue in effect for more 
than 30 business days, including extensions. 
‘‘(C) An order of the Commission under this 
paragraph (2) may be extended to continue in effect 
for more than 30 business days if, at the time of the 
extension, the Commission finds that the emergency 
still exists and determines that the continuation of 
the order beyond 30 business days is necessary in 
the public interest and for the protection of investors 
to attain an objective described in clause (i), (ii), or 
(iii) of subparagraph (A). In no event shall an order 
of the Commission under this paragraph (2) con-
tinue in effect for more than 90 calendar days. 
‘‘(D) If the actions described in subparagraph 
(A) involve a security futures product, the Commis-
sion shall consult with and consider the views of the 
Commodity Futures Trading Commission. In exer-
cising its authority under this paragraph, the Com-
1080 
mission shall not be required to comply with the pro-
visions of section 553 of title 5, United States Code, 
or with the provisions of section 19(c) of this title. 
‘‘(E) Notwithstanding the exclusion of exempt-
ed securities (and markets therein) from the Com-
mission’s authority under subparagraph (A), the 
Commission may use such authority to take action 
to alter, supplement, suspend, or impose require-
ments or restrictions with respect to clearing agen-
cies for transactions in such exempted securities. In 
taking any action under this subparagraph, the 
Commission shall consult with and consider the 
views of the Secretary of the Treasury.’’. 
(b) CONSULTATION; DEFINITION OF EMERGENCY.— 
Section 12(k) of the Securities Exchange Act of 1934 (15 
U.S.C. 78l(k)) is further amended by striking paragraph 
(6) and inserting the following: 
‘‘(6) CONSULTATION.—Prior to taking any ac-
tion described in paragraph (1)(B), the Commission 
shall consult with and consider the views of the Sec-
retary of the Treasury, Board of Governors of the 
Federal Reserve System, and the Commodity Fu-
tures Trading Commission, unless such consultation 
is impracticable in light of the emergency. 
‘‘(7) DEFINITIONS.—
1081 
‘‘(A) EMERGENCY.—For purposes of this 
subsection, the term ‘emergency’ means— 
‘‘(i) a major market disturbance char-
acterized by or constituting— 
‘‘(I) sudden and excessive fluc-
tuations of securities prices generally, 
or a substantial threat thereof, that 
threaten fair and orderly markets; or 
‘‘(II) a substantial disruption of 
the safe or efficient operation of the 
national system for clearance and set-
tlement of transactions in securities, 
or a substantial threat thereof; or 
‘‘(ii) a major disturbance that sub-
stantially disrupts, or threatens to substan-
tially disrupt— 
‘‘(I) the functioning of securities 
markets,
investment
companies,
or 
any other significant portion or seg-
ment of the securities markets; or 
‘‘(II) the transmission or proc-
essing of securities transactions. 
‘‘(B) SECURITIES LAWS.—Notwithstanding 
section 3(a)(47), for purposes of this sub-
section, the term ‘securities laws’ does not in-
1082 
clude the Public Utility Holding Company Act 
of 1935 (15 U.S.C. 79a et seq.).’’. 
SEC. 5083. PARALLEL AUTHORITY OF THE SECRETARY OF 
THE TREASURY WITH RESPECT TO GOVERN-
MENT SECURITIES. 
Section 15C of the Securities Exchange Act of 1934 
(15 U.S.C. 78o–5) is amended by adding at the end the 
following new subsection: 
‘‘(h) EMERGENCY AUTHORITY.—The Secretary may 
by order take any action with respect to a matter or action 
subject to regulation by the Secretary under this section, 
or the rules of the Secretary thereunder, involving a gov-
ernment security or a market therein (or significant por-
tion or segment of that market), that the Commission may 
take under section 12(k)(2) of this title with respect to 
transactions in securities (other than exempted securities) 
or a market therein (or significant portion or segment of 
that market).’’. 
Subtitle H—Other Matters 
Chapter 1—Privacy Matters 
SEC.
5091.
REQUIREMENT
THAT
AGENCY
RULEMAKING 
TAKE INTO CONSIDERATION IMPACTS ON IN-
DIVIDUAL PRIVACY. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Federal Agency Protection of Privacy Act of 2004’’.
1083 
(b) IN GENERAL.—Title 5, United States Code, is 
amended by adding after section 553 the following new 
section: 
‘‘§ 553a. Privacy impact assessment in rulemaking 
‘‘(a) INITIAL PRIVACY IMPACT ASSESSMENT.— 
‘‘(1) IN GENERAL.—Whenever an agency is re-
quired by section 553 of this title, or any other law, 
to publish a general notice of proposed rulemaking 
for a proposed rule, or publishes a notice of pro-
posed rulemaking for an interpretative rule involving 
the internal revenue laws of the United States, and 
such rule or proposed rulemaking pertains to the 
collection, maintenance, use, or disclosure of person-
ally identifiable information from 10 or more indi-
viduals, other than agencies, instrumentalities, or 
employees of the Federal government, the agency 
shall prepare and make available for public comment 
an initial privacy impact assessment that describes 
the impact of the proposed rule on the privacy of in-
dividuals. Such assessment or a summary thereof 
shall be signed by the senior agency official with pri-
mary responsibility for privacy policy and be pub-
lished in the Federal Register at the time of the 
publication of a general notice of proposed rule-
making for the rule.
1084 
‘‘(2) CONTENTS.—Each initial privacy impact 
assessment required under this subsection shall con-
tain the following: 
‘‘(A) A description and analysis of the ex-
tent to which the proposed rule will impact the 
privacy interests of individuals, including the 
extent to which the proposed rule— 
‘‘(i) provides notice of the collection of 
personally
identifiable
information,
and 
specifies what personally identifiable infor-
mation is to be collected and how it is to 
be collected, maintained, used, and dis-
closed; 
‘‘(ii) allows access to such information 
by the person to whom the personally iden-
tifiable information pertains and provides 
an opportunity to correct inaccuracies; 
‘‘(iii)
prevents
such
information, 
which is collected for one purpose, from 
being used for another purpose; and 
‘‘(iv) provides security for such infor-
mation. 
‘‘(B) A description of any significant alter-
natives to the proposed rule which accomplish 
the stated objectives of applicable statutes and
1085 
which minimize any significant privacy impact 
of the proposed rule on individuals. 
‘‘(b) FINAL PRIVACY IMPACT ASSESSMENT.— 
‘‘(1) IN GENERAL.—Whenever an agency pro-
mulgates a final rule under section 553 of this title, 
after being required by that section or any other law 
to publish a general notice of proposed rulemaking, 
or promulgates a final interpretative rule involving 
the internal revenue laws of the United States, and 
such rule or proposed rulemaking pertains to the 
collection, maintenance, use, or disclosure of person-
ally identifiable information from 10 or more indi-
viduals, other than agencies, instrumentalities, or 
employees of the Federal government, the agency 
shall prepare a final privacy impact assessment, 
signed by the senior agency official with primary re-
sponsibility for privacy policy. 
‘‘(2) CONTENTS.—Each final privacy impact as-
sessment required under this subsection shall con-
tain the following: 
‘‘(A) A description and analysis of the ex-
tent to which the final rule will impact the pri-
vacy interests of individuals, including the ex-
tent to which such rule—
1086 
‘‘(i) provides notice of the collection of 
personally
identifiable
information,
and 
specifies what personally identifiable infor-
mation is to be collected and how it is to 
be collected, maintained, used, and dis-
closed; 
‘‘(ii) allows access to such information 
by the person to whom the personally iden-
tifiable information pertains and provides 
an opportunity to correct inaccuracies; 
‘‘(iii)
prevents
such
information, 
which is collected for one purpose, from 
being used for another purpose; and 
‘‘(iv) provides security for such infor-
mation. 
‘‘(B) A summary of any significant issues 
raised by the public comments in response to 
the initial privacy impact assessment, a sum-
mary of the analysis of the agency of such 
issues, and a statement of any changes made in 
such rule as a result of such issues. 
‘‘(C) A description of the steps the agency 
has taken to minimize the significant privacy 
impact on individuals consistent with the stated 
objectives of applicable statutes, including a
1087 
statement of the factual, policy, and legal rea-
sons for selecting the alternative adopted in the 
final rule and why each one of the other signifi-
cant alternatives to the rule considered by the 
agency which affect the privacy interests of in-
dividuals was rejected. 
‘‘(3) AVAILABILITY
TO
PUBLIC.—The agency 
shall make copies of the final privacy impact assess-
ment available to members of the public and shall 
publish in the Federal Register such assessment or 
a summary thereof. 
‘‘(c) WAIVERS.— 
‘‘(1)
EMERGENCIES.—An
agency
head
may 
waive or delay the completion of some or all of the 
requirements of subsections (a) and (b) to the same 
extent as the agency head may, under section 608, 
waive or delay the completion of some or all of the 
requirements of sections 603 and 604, respectively. 
‘‘(2) NATIONAL
SECURITY.—An agency head 
may, for national security reasons, or to protect 
from disclosure classified information, confidential 
commercial information, or information the disclo-
sure of which may adversely affect a law enforce-
ment effort, waive or delay the completion of some 
or all of the following requirements:
1088 
‘‘(A) The requirement of subsection (a)(1) 
to make an assessment available for public com-
ment. 
‘‘(B) The requirement of subsection (a)(1) 
to have an assessment or summary thereof pub-
lished in the Federal Register. 
‘‘(C)
The
requirements
of
subsection 
(b)(3). 
‘‘(d) PROCEDURES FOR GATHERING COMMENTS.— 
When any rule is promulgated which may have a signifi-
cant privacy impact on individuals, or a privacy impact 
on a substantial number of individuals, the head of the 
agency promulgating the rule or the official of the agency 
with statutory responsibility for the promulgation of the 
rule shall assure that individuals have been given an op-
portunity to participate in the rulemaking for the rule 
through techniques such as— 
‘‘(1) the inclusion in an advance notice of pro-
posed rulemaking, if issued, of a statement that the 
proposed rule may have a significant privacy impact 
on individuals, or a privacy impact on a substantial 
number of individuals; 
‘‘(2) the publication of a general notice of pro-
posed rulemaking in publications of national circula-
tion likely to be obtained by individuals;
1089 
‘‘(3) the direct notification of interested individ-
uals; 
‘‘(4) the conduct of open conferences or public 
hearings concerning the rule for individuals, includ-
ing soliciting and receiving comments over computer 
networks; and 
‘‘(5) the adoption or modification of agency 
procedural rules to reduce the cost or complexity of 
participation in the rulemaking by individuals. 
‘‘(e) PERIODIC REVIEW OF RULES.— 
‘‘(1) IN
GENERAL.—Each agency shall carry 
out a periodic review of the rules promulgated by the 
agency that have a significant privacy impact on in-
dividuals, or a privacy impact on a substantial num-
ber of individuals. Under such periodic review, the 
agency shall determine, for each such rule, whether 
the rule can be amended or rescinded in a manner 
that minimizes any such impact while remaining in 
accordance with applicable statutes. For each such 
determination, the agency shall consider the fol-
lowing factors: 
‘‘(A) The continued need for the rule. 
‘‘(B) The nature of complaints or com-
ments received from the public concerning the 
rule.
1090 
‘‘(C) The complexity of the rule. 
‘‘(D) The extent to which the rule over-
laps, duplicates, or conflicts with other Federal 
rules, and, to the extent feasible, with State and 
local governmental rules. 
‘‘(E) The length of time since the rule was 
last reviewed under this subsection. 
‘‘(F) The degree to which technology, eco-
nomic conditions, or other factors have changed 
in the area affected by the rule since the rule 
was last reviewed under this subsection. 
‘‘(2)
PLAN
REQUIRED.—Each
agency
shall 
carry out the periodic review required by paragraph 
(1) in accordance with a plan published by such 
agency in the Federal Register. Each such plan shall 
provide for the review under this subsection of each 
rule promulgated by the agency not later than 10 
years after the date on which such rule was pub-
lished as the final rule and, thereafter, not later 
than 10 years after the date on which such rule was 
last reviewed under this subsection. The agency may 
amend such plan at any time by publishing the revi-
sion in the Federal Register. 
‘‘(3) ANNUAL PUBLICATION.—Each year, each 
agency shall publish in the Federal Register a list of
1091 
the rules to be reviewed by such agency under this 
subsection during the following year. The list shall 
include a brief description of each such rule and the 
need for and legal basis of such rule and shall invite 
public comment upon the determination to be made 
under this subsection with respect to such rule. 
‘‘(f) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—For any rule subject to this 
section, an individual who is adversely affected or 
aggrieved by final agency action is entitled to judi-
cial review of agency compliance with the require-
ments of subsections (b) and (c) in accordance with 
chapter 7. Agency compliance with subsection (d) 
shall be judicially reviewable in connection with judi-
cial review of subsection (b). 
‘‘(2) JURISDICTION.—Each court having juris-
diction to review such rule for compliance with sec-
tion 553, or under any other provision of law, shall 
have jurisdiction to review any claims of noncompli-
ance with subsections (b) and (c) in accordance with 
chapter 7. Agency compliance with subsection (d) 
shall be judicially reviewable in connection with judi-
cial review of subsection (b). 
‘‘(3) LIMITATIONS.—
1092 
‘‘(A) An individual may seek such review 
during the period beginning on the date of final 
agency action and ending 1 year later, except 
that where a provision of law requires that an 
action challenging a final agency action be com-
menced before the expiration of 1 year, such 
lesser period shall apply to an action for judicial 
review under this subsection. 
‘‘(B) In the case where an agency delays 
the issuance of a final privacy impact assess-
ment pursuant to subsection (c), an action for 
judicial review under this section shall be filed 
not later than— 
‘‘(i) 1 year after the date the assess-
ment is made available to the public; or 
‘‘(ii) where a provision of law requires 
that an action challenging a final agency 
regulation be commenced before the expi-
ration of the 1-year period, the number of 
days specified in such provision of law that 
is after the date the assessment is made 
available to the public. 
‘‘(4) RELIEF.—In granting any relief in an ac-
tion under this subsection, the court shall order the 
agency to take corrective action consistent with this
1093 
section and chapter 7, including, but not limited 
to— 
‘‘(A) remanding the rule to the agency; 
and 
‘‘(B) deferring the enforcement of the rule 
against individuals, unless the court finds that 
continued enforcement of the rule is in the pub-
lic interest. 
‘‘(5) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to limit the au-
thority of any court to stay the effective date of any 
rule or provision thereof under any other provision 
of law or to grant any other relief in addition to the 
requirements of this subsection. 
‘‘(6) RECORD OF AGENCY ACTION.—In an ac-
tion for the judicial review of a rule, the privacy im-
pact assessment for such rule, including an assess-
ment prepared or corrected pursuant to paragraph 
(4), shall constitute part of the entire record of 
agency action in connection with such review. 
‘‘(7) EXCLUSIVITY.—Compliance or noncompli-
ance by an agency with the provisions of this section 
shall be subject to judicial review only in accordance 
with this subsection.
1094 
‘‘(8) SAVINGS CLAUSE.—Nothing in this sub-
section bars judicial review of any other impact 
statement or similar assessment required by any 
other law if judicial review of such statement or as-
sessment is otherwise permitted by law. 
‘‘(g) DEFINITION.—For purposes of this section, the 
term ‘personally identifiable information’ means informa-
tion that can be used to identify an individual, including 
such individual’s name, address, telephone number, photo-
graph, social security number or other identifying infor-
mation. It includes information about such individual’s 
medical or financial condition.’’. 
(c) PERIODIC REVIEW TRANSITION PROVISIONS.— 
(1) INITIAL PLAN.—For each agency, the plan 
required by subsection (e) of section 553a of title 5, 
United States Code (as added by subsection (a)), 
shall be published not later than 180 days after the 
date of the enactment of this Act. 
(2) In the case of a rule promulgated by an 
agency before the date of the enactment of this Act, 
such plan shall provide for the periodic review of 
such rule before the expiration of the 10-year period 
beginning on the date of the enactment of this Act. 
For any such rule, the head of the agency may pro-
vide for a 1-year extension of such period if the head
1095 
of the agency, before the expiration of the period, 
certifies in a statement published in the Federal 
Register that reviewing such rule before the expira-
tion of the period is not feasible. The head of the 
agency may provide for additional 1-year extensions 
of the period pursuant to the preceding sentence, 
but in no event may the period exceed 15 years. 
(d) CONGRESSIONAL REVIEW.—Section 801(a)(1)(B) 
of title 5, United States Code, is amended— 
(1) by redesignating clauses (iii) and (iv) as 
clauses (iv) and (v), respectively; and 
(2) by inserting after clause (ii) the following 
new clause: 
‘‘(iii) the agency’s actions relevant to section 
553a;’’. 
(e) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 5 of title 5, United States 
Code, is amended by adding after the item relating to sec-
tion 553 the following new item: 
553a. Privacy impact assessment in rulemaking.’’. 
SEC. 5092. CHIEF PRIVACY OFFICERS FOR AGENCIES WITH 
LAW
ENFORCEMENT
OR
ANTI-TERRORISM 
FUNCTIONS. 
(a) IN GENERAL.—There shall be within each Fed-
eral agency with law enforcement or anti-terrorism func-
tions a chief privacy officer, who shall have primary re-
1096 
sponsibility within that agency for privacy policy. The 
agency chief privacy officer shall be designated by the 
head of the agency. 
(b) RESPONSIBILITIES.—The responsibilities of each 
agency chief privacy officer shall include— 
(1) ensuring that the use of technologies sus-
tains, and does not erode, privacy protections relat-
ing to the use, collection, and disclosure of person-
ally identifiable information; 
(2) ensuring that personally identifiable infor-
mation contained in systems of records is handled in 
full compliance with fair information practices as set 
out in section 552a of title 5, United States Code; 
(3) evaluating legislative and regulatory pro-
posals involving collection, use, and disclosure of 
personally identifiable information by the Federal 
Government; 
(4) conducting a privacy impact assessment of 
proposed rules of the agency on the privacy of per-
sonally identifiable information, including the type of 
personally identifiable information collected and the 
number of people affected; 
(5) preparing and submitting a report to Con-
gress on an annual basis on activities of the agency 
that affect privacy, including complaints of privacy
1097 
violations, implementation of section 552a of title 5, 
United States Code, internal controls, and other rel-
evant matters; 
(6) ensuring that the agency protects personally 
identifiable information and information systems 
from unauthorized access, use, disclosure, disrup-
tion, modification, or destruction in order to pro-
vide— 
(A)
integrity,
which
means
guarding 
against improper information modification or 
destruction, and includes ensuring information 
nonrepudiation and authenticity; 
(B) confidentially, which means preserving 
authorized restrictions on access and disclosure, 
including means for protecting personal privacy 
and proprietary information; 
(C)
availability,
which
means
ensuring 
timely and reliable access to and use of that in-
formation; and 
(D) authentication, which means utilizing 
digital credentials to assure the identity of 
users and validate their access; and 
(7) advising the head of the agency and the Di-
rector of the Office of Management and Budget on
1098 
information security and privacy issues pertaining to 
Federal Government information systems. 
CHAPTER 2—MUTUAL AID AND LITIGATION 
MANAGEMENT 
SEC. 5101. SHORT TITLE. 
This chapter may be cited as the ‘‘Mutual Aid and 
Litigation Management Authorization Act of 2004’’. 
SEC. 5102. MUTUAL AID AUTHORIZED. 
(a)
AUTHORIZATION
TO
ENTER
INTO
AGREE-
MENTS.— 
(1) IN GENERAL.—The authorized representa-
tive of a State, locality, or the Federal Government 
may enter into an interstate mutual aid agreement 
or a mutual aid agreement with the Federal Govern-
ment on behalf of the State, locality, or Federal 
Government under which, at the request of any 
party to the agreement, the other party to the agree-
ment may— 
(A) provide law enforcement, fire, rescue, 
emergency health and medical services, trans-
portation, communications, public works and 
engineering, mass care, and resource support in 
an emergency or public service event occurring 
in the jurisdiction of the requesting party;
1099 
(B) provide other services to prepare for, 
mitigate, manage, respond to, or recover from 
an emergency or public service event occurring 
in the jurisdiction of the requesting party; and 
(C) participate in training events occurring 
in the jurisdiction of the requesting party. 
(b) LIABILITY AND ACTIONS AT LAW.— 
(1) LIABILITY.—A responding party or its offi-
cers or employees shall be liable on account of any 
act or omission occurring while providing assistance 
or participating in a training event in the jurisdic-
tion of a requesting party under a mutual aid agree-
ment (including any act or omission arising from the 
maintenance or use of any equipment, facilities, or 
supplies in connection therewith), but only to the ex-
tent permitted under and in accordance with the 
laws and procedures of the State of the responding 
party and subject to this chapter. 
(2) JURISDICTION OF COURTS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B) and section 3, any action brought 
against a responding party or its officers or em-
ployees on account of an act or omission de-
scribed in subsection (b)(1) may be brought 
only under the laws and procedures of the State
1100 
of the responding party and only in the State 
courts or United States District Courts located 
therein. 
(B) UNITED
STATES
AS
PARTY.—If the 
United States is the party against whom an ac-
tion described in paragraph (1) is brought, the 
action may be brought only in a United States 
District Court. 
(c) WORKERS’ COMPENSATION AND DEATH BENE-
FITS.— 
(1) PAYMENT
OF
BENEFITS.—A responding 
party shall provide for the payment of workers’ com-
pensation and death benefits with respect to officers 
or employees of the party who sustain injuries or are 
killed while providing assistance or participating in 
a training event under a mutual aid agreement in 
the same manner and on the same terms as if the 
injury or death were sustained within the jurisdic-
tion of the responding party. 
(2) LIABILITY FOR BENEFITS.—No party shall 
be liable under the law of any State other than its 
own (or, in the case of the Federal Government, 
under any law other than Federal law) for the pay-
ment of workers’ compensation and death benefits 
with respect to injured officers or employees of the
1101 
party who sustain injuries or are killed while pro-
viding assistance or participating in a training event 
under a mutual aid agreement. 
(d) LICENSES AND PERMITS.—Whenever any person 
holds a license, certificate, or other permit issued by any 
responding party evidencing the meeting of qualifications 
for professional, mechanical, or other skills, such person 
will be deemed licensed, certified, or permitted by the re-
questing party to provide assistance involving such skill 
under a mutual aid agreement. 
(e) SCOPE.—Except to the extent provided in this 
section, the rights and responsibilities of the parties to a 
mutual aid agreement shall be as described in the mutual 
aid agreement. 
(f) EFFECT ON OTHER AGREEMENTS.—Nothing in 
this section precludes any party from entering into supple-
mentary mutual aid agreements with fewer than all the 
parties, or with another, or affects any other agreements 
already in force among any parties to such an agreement, 
including the Emergency Management Assistance Com-
pact (EMAC) under Public Law 104–321. 
(g) FEDERAL GOVERNMENT.—Nothing in this sec-
tion may be construed to limit any other expressed or im-
plied authority of any entity of the Federal Government 
to enter into mutual aid agreements.
1102 
(h) CONSISTENCY WITH STATE LAW.—A party may 
enter into a mutual aid agreement under this chapter only 
insofar as the agreement is in accord with State law. 
SEC. 5103. LITIGATION MANAGEMENT AGREEMENTS. 
(a) AUTHORIZATION TO ENTER INTO LITIGATION 
MANAGEMENT AGREEMENTS.—The authorized represent-
ative of a State or locality may enter into a litigation man-
agement agreement on behalf of the State or locality. Such 
litigation management agreements may provide that all 
claims against such Emergency Response Providers aris-
ing out of, relating to, or resulting from an act of ter-
rorism when Emergency Response Providers from more 
than 1 State have acted in defense against, in response 
to, or recovery from such act shall be governed by the fol-
lowing provisions. 
(b) FEDERAL CAUSE OF ACTION.— 
(1) IN GENERAL.—There shall exist a Federal 
cause of action for claims against Emergency Re-
sponse Providers arising out of, relating to, or re-
sulting from an act of terrorism when Emergency 
Response Providers from more than 1 State have 
acted in defense against, in response to, or recovery 
from such act. As determined by the parties to a liti-
gation management agreement, the substantive law 
for decision in any such action shall be—
1103 
(A) derived from the law, including choice 
of law principles, of the State in which such 
acts of terrorism occurred, unless such law is 
inconsistent with or preempted by Federal law; 
or 
(B) derived from the choice of law prin-
ciples agreed to by the parties to a litigation 
management agreement as described in the liti-
gation
management
agreement,
unless
such 
principles are inconsistent with or preempted by 
Federal law. 
(2) JURISDICTION.—Such appropriate district 
court of the United States shall have original and 
exclusive jurisdiction over all actions for any claim 
against Emergency Response Providers for loss of 
property, personal injury, or death arising out of, re-
lating to, or resulting from an act of terrorism when 
Emergency Response Providers from more than 1 
State have acted in defense against, in response to, 
or recovery from an act of terrorism. 
(3) SPECIAL RULES.—In an action brought for 
damages that is governed by a litigation manage-
ment agreement, the following provisions apply: 
(A)
PUNITIVE
DAMAGES.—No
punitive 
damages intended to punish or deter, exemplary
1104 
damages, or other damages not intended to 
compensate a plaintiff for actual losses may be 
awarded, nor shall any party be liable for inter-
est prior to the judgment. 
(B) COLLATERAL SOURCES.—Any recovery 
by a plaintiff in an action governed by a litiga-
tion management agreement shall be reduced by 
the amount of collateral source compensation, if 
any, that the plaintiff has received or is entitled 
to receive as a result of such acts of terrorism. 
(4) EXCLUSIONS.—Nothing in this section shall 
in any way limit the ability of any person to seek 
any form of recovery from any person, government, 
or other entity that— 
(A) attempts to commit, knowingly partici-
pates in, aids and abets, or commits any act of 
terrorism, or any criminal act related to or re-
sulting from such act of terrorism; or 
(B) participates in a conspiracy to commit 
any such act of terrorism or any such criminal 
act. 
SEC. 5104. ADDITIONAL PROVISIONS. 
(a) NO ABROGATION
OF OTHER IMMUNITIES.— 
Nothing in this chapter shall abrogate any other immuni-
1105 
ties from liability that any party may have under any 
other State or Federal law. 
(b) EXCEPTION FOR CERTAIN FEDERAL LAW EN-
FORCEMENT ACTIVITIES.—A mutual aid agreement or a 
litigation management agreement may not apply to law 
enforcement security operations at special events of na-
tional significance under section 3056(e) of title 18, 
United States Code, or to other law enforcement functions 
of the United States Secret Service. 
(c) SECRET SERVICE.—Section 3056 of title 18, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(g) The Secret Service shall be maintained as a dis-
tinct entity within the Department of Homeland Security 
and shall not be merged with any other department func-
tion. All personnel and operational elements of the United 
States Secret Service shall report to the Director of the 
Secret Service, who shall report directly to the Secretary 
of Homeland Security without being required to report 
through any other official of the Department.’’. 
SEC. 5105. DEFINITIONS. 
For purposes of this chapter, the following definitions 
apply: 
(1) AUTHORIZED REPRESENTATIVE.—The term 
‘‘authorized representative’’ means—
1106 
(A) in the case of the Federal Government, 
any individual designated by the President with 
respect to the executive branch, the Chief Jus-
tice of the United States with respect to the ju-
dicial branch, or the President pro Tempore of 
the Senate and Speaker of the House of Rep-
resentatives with respect to the Congress, or 
their designees, to enter into a mutual aid 
agreement; 
(B) in the case of a locality, the official 
designated by law to declare an emergency in 
and for the locality, or the official’s designee; 
(C) in the case of a State, the Governor or 
the Governor’s designee. 
(2)
EMERGENCY.—The
term
‘‘emergency’’ 
means a major disaster or emergency declared by 
the President, or a State of Emergency declared by 
an authorized representative of a State or locality, in 
response to which assistance may be provided under 
a mutual aid agreement. 
(3) EMERGENCY
RESPONSE
PROVIDER.—The 
term ‘‘Emergency Response Provider’’ means State 
or local emergency public safety, law enforcement, 
emergency response, emergency medical (including 
hospital emergency facilities), and related personnel,
1107 
agencies, and authorities that are a party to a litiga-
tion management agreement. 
(4) EMPLOYEE.—The term ‘‘employee’’ means, 
with respect to a party to a mutual aid agreement, 
the employees of the party, including its agents or 
authorized volunteers, who are committed to provide 
assistance under the agreement. 
(5) LITIGATION MANAGEMENT AGREEMENT.— 
The term ‘‘litigation management agreement’’ means 
an agreement entered into pursuant to the authority 
granted under section 5103. 
(6) LOCALITY.—The term ‘‘locality’’ means a 
county, city, or town. 
(7) MUTUAL AID AGREEMENT.—The term ‘‘mu-
tual aid agreement’’ means an agreement entered 
into pursuant to the authority granted under section 
5102. 
(8) PUBLIC SERVICE EVENT.—The term ‘‘pub-
lic service event’’ means any undeclared emergency, 
incident, or situation in preparation for or response 
to which assistance may be provided under a mutual 
aid agreement. 
(9) REQUESTING PARTY.—The term ‘‘request-
ing party’’ means, with respect to a mutual aid 
agreement, the party in whose jurisdiction assistance
1108 
is provided, or a training event is held, under the 
agreement. 
(10) RESPONDING PARTY.—The term ‘‘respond-
ing party’’ means, with respect to a mutual aid 
agreement, the party providing assistance, or partici-
pating in a training event, under the agreement, but 
does not include the requesting party. 
(11) STATE.—The term ‘‘State’’ includes each 
of the several States of the United States, the Dis-
trict of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Is-
lands, and any other territory or possession of the 
United States, and any political subdivision of any 
such place. 
(12) TRAINING
EVENT.—The term ‘‘training 
event’’ means an emergency and public service 
event-related exercise, test, or other activity using 
equipment and personnel to prepare for or simulate 
performance of any aspect of the giving or receiving 
of assistance during emergencies or public service 
events, but does not include an actual emergency or 
public service event.
1109 
Chapter 3—Miscellaneous Matters 
SEC. 5131. ENHANCEMENT OF PUBLIC SAFETY COMMU-
NICATIONS INTEROPERABILITY. 
(a) COORDINATION OF PUBLIC SAFETY INTEROPER-
ABLE COMMUNICATIONS PROGRAMS.— 
(1) PROGRAM.—The Secretary of Homeland Se-
curity, in consultation with the Secretary of Com-
merce and the Chairman of the Federal Communica-
tions Commission, shall establish a program to en-
hance public safety interoperable communications at 
all levels of government. Such program shall— 
(A) establish a comprehensive national ap-
proach to achieving public safety interoperable 
communications; 
(B) coordinate with other Federal agencies 
in carrying out subparagraph (A); 
(C) develop, in consultation with other ap-
propriate Federal agencies and State and local 
authorities, appropriate minimum capabilities 
for communications interoperability for Federal, 
State, and local public safety agencies; 
(D) accelerate, in consultation with other 
Federal agencies, including the National Insti-
tute of Standards and Technology, the private 
sector, and nationally recognized standards or-
1110 
ganizations as appropriate, the development of 
national voluntary consensus standards for pub-
lic safety interoperable communications; 
(E) encourage the development and imple-
mentation of flexible and open architectures, 
with appropriate levels of security, for short- 
term and long-term solutions to public safety 
communications interoperability; 
(F) assist other Federal agencies in identi-
fying priorities for research, development, and 
testing and evaluation with regard to public 
safety interoperable communications; 
(G) identify priorities within the Depart-
ment of Homeland Security for research, devel-
opment, and testing and evaluation with regard 
to public safety interoperable communications; 
(H)
establish
coordinated
guidance
for 
Federal grant programs for public safety inter-
operable communications; 
(I) provide technical assistance to State 
and local public safety agencies regarding plan-
ning, acquisition strategies, interoperability ar-
chitectures, training, and other functions nec-
essary to achieve public safety communications 
interoperability;
1111 
(J) develop and disseminate best practices 
to improve public safety communications inter-
operability; and 
(K) develop appropriate performance meas-
ures and milestones to systematically measure 
the Nation’s progress towards achieving public 
safety communications interoperability, includ-
ing the development of national voluntary con-
sensus standards. 
(2) OFFICE FOR INTEROPERABILITY AND COM-
PATIBILITY.— 
(A)
ESTABLISHMENT
OF
OFFICE.—The 
Secretary may establish an Office for Interoper-
ability and Compatibility to carry out this sub-
section. 
(B) FUNCTIONS.—If the Secretary estab-
lishes such office, the Secretary shall, through 
such office— 
(i) carry out Department of Home-
land Security responsibilities and authori-
ties relating to the SAFECOM Program; 
and 
(ii) carry out subsection (c) (relating 
to rapid interoperable communications ca-
pabilities for high risk jurisdictions).
1112 
(3)
APPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to advisory 
groups established and maintained by the Secretary 
for purposes of carrying out this subsection. 
(b) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary shall report 
to the Congress on Department of Homeland Security 
plans for accelerating the development of national vol-
untary consensus standards for public safety interoperable 
communications, a schedule of milestones for such devel-
opment, and achievements of such development. 
(c) RAPID INTEROPERABLE COMMUNICATIONS CAPA-
BILITIES
FOR HIGH RISK JURISDICTIONS.—The Sec-
retary, in consultation with other relevant Federal, State, 
and local government agencies, shall provide technical, 
training, and other assistance as appropriate to support 
the rapid establishment of consistent, secure, and effective 
interoperable communications capabilities for emergency 
response providers in jurisdictions determined by the Sec-
retary to be at consistently high levels of risk of terrorist 
attack. 
(d) DEFINITIONS.—In this section: 
(1) INTEROPERABLE
COMMUNICATIONS.—The 
term
‘‘interoperable
communications’’
means
the
1113 
ability of emergency response providers and relevant 
Federal, State, and local government agencies to 
communicate with each other as necessary, through 
a dedicated public safety network utilizing informa-
tion technology systems and radio communications 
systems, and to exchange voice, data, or video with 
one another on demand, in real time, as necessary. 
(2) EMERGENCY RESPONSE PROVIDERS.—The 
term ‘‘emergency response providers’’ has the mean-
ing that term has under section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101) 
(e) CLARIFICATION OF RESPONSIBILITY FOR INTER-
OPERABLE COMMUNICATIONS.— 
(1) UNDER SECRETARY FOR EMERGENCY PRE-
PAREDNESS AND RESPONSE.—Section 502(7) of the 
Homeland Security Act of 2002 (6 U.S.C. 312(7)) 
is amended— 
(A) by striking ‘‘developing comprehensive 
programs for developing interoperative commu-
nications technology, and’’; and 
(B)
by
striking
‘‘such’’
and
inserting 
‘‘interoperable communications’’. 
(2) OFFICE FOR DOMESTIC PREPAREDNESS.— 
Section 430(c) of such Act (6 U.S.C. 238(c)) is 
amended—
1114 
(A) in paragraph (7) by striking ‘‘and’’ 
after the semicolon; 
(B) in paragraph (8) by striking the period 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(9) helping to ensure the acquisition of inter-
operable communication technology by State and 
local governments and emergency response pro-
viders.’’. 
SEC. 5132. SENSE OF CONGRESS REGARDING THE INCI-
DENT COMMAND SYSTEM. 
(a) FINDINGS.—The Congress finds that— 
(1) in Homeland Security Presidential Direc-
tive–5,
the
President
directed
the
Secretary
of 
Homeland Security to develop an incident command 
system to be known as the National Incident Man-
agement System (NIMS), and directed all Federal 
agencies to make the adoption of NIMS a condition 
for the receipt of Federal emergency preparedness 
assistance by States, territories, tribes, and local 
governments beginning in fiscal year 2005; 
(2) in March 2004, the Secretary of Homeland 
Security established NIMS, which provides a unified 
structural framework for Federal, State, territorial, 
tribal, and local governments to ensure coordination
1115 
of command, operations, planning, logistics, finance, 
and
administration
during
emergencies
involving 
multiple jurisdictions or agencies; and 
(3) the National Commission on Terrorist At-
tacks Upon the United States strongly supports the 
adoption of NIMS by emergency response agencies 
nationwide, and the decision by the President to con-
dition Federal emergency preparedness assistance 
upon the adoption of NIMS. 
(b) SENSE OF CONGRESS.—It is the sense of the 
Congress that all levels of government should adopt 
NIMS, and that the regular use of and training in NIMS 
by States, territories, tribes, and local governments should 
be a condition for receiving Federal preparedness assist-
ance. 
SEC.
5133.
SENSE
OF
CONGRESS
REGARDING
UNITED 
STATES NORTHERN COMMAND PLANS AND 
STRATEGIES. 
It is the sense of Congress that the Secretary of De-
fense should regularly assess the adequacy of United 
States Northern Command’s plans and strategies with a 
view to ensuring that the United States Northern Com-
mand is prepared to respond effectively to all military and 
paramilitary threats within the United States.
1116 
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. 
Sec. 1023. Privacy and Civil Liberties Oversight Board. 
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.
1117 
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 Intel-
ligence 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. 
TITLE II—TERRORISM PREVENTION AND PROSECUTION 
Subtitle A—Individual Terrorists as Agents of Foreign Powers 
Sec. 2001. Individual terrorists as agents of foreign powers.
1118 
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. 
SUBCHAPTER B—ADDITIONAL ENFORCEMENT TOOLS 
Sec. 2121. Bureau of Engraving and Printing security printing. 
Sec. 2122. Conduct in aid of counterfeiting. 
Subtitle F—Criminal History Background Checks 
Sec. 2141. Short title. 
Sec. 2142. Criminal history information checks. 
Subtitle G—Protection of United States Aviation System from 
Terrorist Attacks
1119 
Sec. 2171. Provision for the use of biometric or other tech-
nology. 
Sec. 2172. Transportation security strategic planning. 
Sec. 2173. Next generation airline passenger prescreening. 
Sec. 2174. Deployment and use of explosive detection equip-
ment at airport screening checkpoints. 
Sec. 2175. Pilot program to evaluate use of blast-resistant 
cargo and baggage containers. 
Sec. 2176. Air cargo screening technology. 
Sec. 2177. Airport checkpoint screening explosive detection. 
Sec. 2178. Next generation security checkpoint. 
Sec. 2179. Penalty for failure to secure cockpit door. 
Sec. 2180. Federal air marshal anonymity. 
Sec. 2181. Federal law enforcement in-flight counterterrorism 
training. 
Sec. 2182. Federal flight deck officer weapon carriage pilot 
program. 
Sec. 2183. Registered traveler program. 
Sec. 2184. Wireless communication. 
Sec. 2185. Secondary flight deck barriers. 
Sec. 2186. Extension. 
Sec. 2187. Perimeter Security. 
Sec. 2188. Definitions. 
Subtitle H—Other Matters 
Sec. 2191. Grand jury information sharing. 
Sec. 2192. Interoperable law enforcement and intelligence data 
system. 
Sec. 2193. Improvement of intelligence capabilities of the Fed-
eral Bureau of Investigation. 
TITLE III—BORDER SECURITY AND TERRORIST TRAVEL 
Subtitle A—Immigration Reform in the National Interest 
CHAPTER 1—GENERAL PROVISIONS 
Sec. 3001. Eliminating the ‘‘Western Hemisphere’’ exception for 
citizens. 
Sec. 3002. Modification of waiver authority with respect to 
documentation requirements for nationals of for-
eign 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.
1120 
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. 
Sec. 3072. Independent verification of birth records provided 
in support of applications for social security ac-
count numbers. 
Sec. 3073. Enumeration at birth. 
Sec. 3074. Study relating to use of photographic identification 
in connection with applications for benefits, so-
cial 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.
1121 
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 Secu-
rity 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. 
Sec. 4002. Reports on terrorist sanctuaries. 
Sec. 4003. Amendments to existing law to include terrorist 
sanctuaries. 
CHAPTER 2—OTHER PROVISIONS 
Sec. 4011. Appointments to fill vacancies in Arms Control and 
Nonproliferation Advisory Board. 
Sec. 4012. Review of United States policy on proliferation of 
weapons of mass destruction and control of 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
1122 
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 Mul-
tilateral 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. 
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 
terrorist organizations. 
Subtitle D—Afghanistan Freedom Support Act Amendments of 
2004 
Sec. 4061. Short title. 
Sec. 4062. Coordination of assistance for Afghanistan. 
Sec. 4063. General provisions relating to the Afghanistan 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 
security operations in Afghanistan. 
Sec. 4068. Provisions relating to counternarcotics efforts in Af-
ghanistan.
1123 
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 requirement for the Secretary 
of the Treasury. 
Sec. 4113. International Terrorist Finance Coordinating Coun-
cil. 
Sec. 4114. Definitions. 
TITLE V—GOVERNMENT RESTRUCTURING 
Subtitle A—Faster and Smarter Funding for First Responders 
Sec. 5001. Short title. 
Sec. 5002. Findings. 
Sec. 5003. Faster and smarter funding for first responders. 
Sec. 5004. Modification of homeland security advisory system. 
Sec. 5005. Coordination of industry efforts. 
Sec. 5006. Superseded provision. 
Sec. 5007. Sense of Congress regarding interoperable 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—Restructuring Relating to the Department of 
Homeland Security and Congressional Oversight 
Sec. 5021. Responsibilities of counternarcotics Office. 
Sec. 5022. Use of counternarcotics enforcement activities in 
certain employee performance appraisals.
1124 
Sec. 5023. Sense of the House of Representatives on addressing 
homeland security for the American people. 
Subtitle C—Improvements to Information Security 
Sec. 5031. Amendments to Clinger-Cohen provisions to en-
hance agency planning for information security 
needs. 
Subtitle D—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 E—Security Clearance Modernization 
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 F—Emergency Financial Preparedness 
Sec. 5081. Delegation authority of the Secretary of the Treas-
ury. 
Sec. 5082. Extension of emergency order authority of the secu-
rities and exchange commission. 
Sec. 5083. Parallel authority of the Secretary of the Treasury 
with respect to government securities. 
Subtitle G—Other Matters
1125 
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:
1126 
‘‘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
1127 
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 in-
telligence 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
1128 
‘‘(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 
considerations, and based upon all sources 
available 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 en-
tity, except as otherwise provided by law or, 
as appropriate, under guidelines agreed upon 
by the Attorney General and the National In-
telligence Director. 
‘‘(c) BUDGET AUTHORITIES.—(1)(A) The 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
1129 
budget that comprise the National Intel-
ligence Program, the National Intelligence Di-
rector shall provide guidance to the heads of 
departments containing elements of the intel-
ligence community, and to the heads of the 
elements of the intelligence community, for 
development of budget inputs to the National 
Intelligence Director. 
‘‘(2)(A) The National Intelligence Director 
shall 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 Ac-
tivities. 
‘‘(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-
1130 
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 rel-
evant appropriations Acts for the National In-
telligence 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
1131 
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 chapter 13 and section 1517 of title 31, 
United States Code, and the Congressional 
Budget and Impoundment Control Act of 1974 
(2 U.S.C. 621 et seq.). 
‘‘(7)(A) The National Intelligence Director 
shall 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 
(including 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
1132 
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 Intel-
ligence 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 depart-
1133 
ments 
and 
agencies 
concerned, 
may 
transfer personnel authorized for an ele-
ment of the intelligence community to an-
other such element for periods up to one 
year. 
‘‘(2) The amounts available for transfer in 
the National Intelligence Program in any 
given fiscal year, and the terms and condi-
tions governing such transfers, are subject to 
the provisions of annual appropriations Acts 
and this subsection. 
‘‘(3) A transfer of funds or personnel may 
be made under this subsection only if— 
‘‘(A) the funds or personnel are being 
transferred to an activity that is a higher 
priority intelligence activity; 
‘‘(B) the need for funds or personnel 
for such activity is based on unforeseen 
requirements; and 
‘‘(C) the transfer does not involve a 
transfer of funds to the Reserve for Con-
tingencies of the Central Intelligence 
Agency. 
‘‘(4) Funds transferred under this sub-
section shall remain available for the same
1134 
period as the appropriations account to 
which transferred. 
‘‘(5) Any transfer of funds under this sub-
section shall be carried out in accordance 
with existing procedures applicable to re-
programming notifications for the appro-
priate congressional committees. Any pro-
posed transfer for which notice is given to the 
appropriate congressional committees shall 
be accompanied by a report explaining the 
nature of the proposed transfer and how it 
satisfies the requirements of this subsection. 
In addition, the congressional intelligence 
committees shall be promptly notified of any 
transfer of funds made pursuant to this sub-
section in any case in which the transfer 
would 
not 
have 
otherwise 
required 
re-
programming notification under procedures 
in effect as of the date of the enactment of this 
subsection. 
‘‘(6)(A) The National Intelligence Director 
shall promptly submit to— 
‘‘(i) 
the 
congressional 
intelligence 
committees,
1135 
‘‘(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 Rep-
resentatives, and 
‘‘(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 Rep-
resentatives, 
a report on any transfer of personnel made 
pursuant to this subsection. 
‘‘(B) The Director shall include in any 
such report an explanation of the nature of 
the transfer and how it satisfies the require-
ments 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
1136 
collected data consistent with applicable 
law and, as appropriate, the guidelines 
referred to in subsection (b) and analytic 
products generated by or within the in-
telligence community) of national intel-
ligence; 
‘‘(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 
elements of the intelligence commu-
nity; and 
‘‘(iii) provide advisory tasking to in-
telligence elements of those agencies and 
departments not within the National In-
telligence Program.
1137 
‘‘(B) The authority of the National Intel-
ligence Director under subparagraph (A) shall 
not apply— 
‘‘(i) insofar as the President so di-
rects; 
‘‘(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 Secretary of Defense and the 
National Intelligence 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 deter-
mines necessary. 
‘‘(3)(A) The National Intelligence Director 
shall prescribe community-wide personnel 
policies that—
1138 
‘‘(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 
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
1140 
‘‘(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 
‘‘(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
1141 
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 annual report that identifies any statute, 
regulation, policy, or practice that the Direc-
tor believes impedes the ability of the Direc-
tor to fully and effectively implement para-
graph (1). 
‘‘(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
1142 
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 fa-
cilitate 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 in-
telligence, 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.
1143 
‘‘(C) Preparation of intelligence prod-
ucts in such a way that source informa-
tion is removed to allow for dissemina-
tion at the lowest level of classification 
possible or in unclassified form to the ex-
tent practicable. 
‘‘(2) The Director may only delegate a duty 
or authority given the Director under this 
subsection to the Deputy National Intel-
ligence Director. 
‘‘(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 implemen-
tation of those standards and procedures 
throughout such agencies and depart-
ments;
1144 
‘‘(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 compart-
mented information is performed in the 
most expeditious manner possible con-
sistent with applicable standards for na-
tional security. 
‘‘(k) COORDINATION WITH FOREIGN GOVERN-
MENTS.—Under the direction of the President 
and in a manner consistent with section 207 
of the Foreign Service Act of 1980 (22 U.S.C. 
3927), the National Intelligence Director shall 
oversee the coordination of the relationships 
between elements of the intelligence commu-
nity and the intelligence or security services 
of foreign governments on all matters involv-
ing intelligence related to the national secu-
rity 
or 
involving 
intelligence 
acquired 
through clandestine means.
1145 
‘‘(l) ENHANCED PERSONNEL MANAGEMENT.— 
(1)(A) The National Intelligence Director 
shall, under regulations prescribed by the Di-
rector, provide incentives for personnel of 
elements 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; 
‘‘(iii) on the staff of the National 
counterterrorism Center; and 
‘‘(iv) in other positions in support of 
the intelligence community management 
functions of the Director. 
‘‘(B) Incentives under subparagraph (A) 
may include financial incentives, bonuses, 
and such other awards and incentives as the 
Director considers appropriate. 
‘‘(2)(A) Notwithstanding any other 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
1147 
‘‘(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 10, United States Code, and the other 
amendments made by title IV of the Gold-
water-Nichols Department of Defense Reorga-
nization Act of 1986 (Public Law 99–433). 
‘‘(4)(A) This subsection shall not apply 
with respect to personnel of the elements of 
the intelligence community who are members 
of the uniformed services or law enforcement 
officers (as that term is defined in section 
5541(3) of title 5, United States Code). 
‘‘(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
1148 
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-
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 Central 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
1149 
Intelligence Agency have under the Central 
Intelligence Agency Act of 1949, and other ap-
plicable 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.). 
‘‘(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 In-
telligence Director or the Deputy National In-
telligence Director. 
‘‘(3)(A) Any determination or decision to 
be made under an authority referred to in 
paragraph (1) by the head of an agency may 
be made with respect to individual purchases 
and contracts or with respect to classes of 
purchases 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
1150 
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 Intel-
ligence Agency Act of 1949 (50 U.S.C. 403c(d)) 
shall apply to the exercise by the National In-
telligence 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 In-
telligence Director for a period of at least six 
years following the date of such determina-
tion or decision. 
‘‘(o) CONSIDERATION OF VIEWS OF ELEMENTS 
OF THE INTELLIGENCE COMMUNITY.—In carrying
1151 
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 
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 Di-
rector under this Act and to carry out such 
other duties as may be prescribed by the 
President or by law. 
‘‘(3) Any authority, power, or function 
vested by law in any officer, employee, or part 
of the Office of the National Intelligence Di-
rector is vested in, or may be exercised by, the 
National Intelligence Director.
1152 
‘‘(4) Exemptions, exceptions, and exclu-
sions for the Central Intelligence Agency or 
for personnel, resources, or activities of such 
Agency from otherwise applicable laws, other 
than the exception contained in section 
104A(c)(1) shall apply in the same manner to 
the Office of the National Intelligence Direc-
tor and the personnel, resources, or activities 
of such Office. 
‘‘(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.
1153 
‘‘(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 Na-
tional Intelligence Director may establish 
or designate 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 DI-
RECTOR.—(1) There is a Deputy National Intel-
ligence Director who shall be appointed by 
the President, by and with the advice and 
consent of the Senate.
1154 
‘‘(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-
ligence Director or during a vacancy in the 
position of the National Intelligence Director. 
‘‘(4) The Deputy National Intelligence Di-
rector takes precedence in the Office of the 
National 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;
1155 
‘‘(B) assist the National Intelligence 
Director in overseeing the national intel-
ligence centers; and 
‘‘(C) perform such other duties and 
exercise such powers as National Intel-
ligence Director may prescribe. 
‘‘(e) DEPUTY NATIONAL INTELLIGENCE DI-
RECTOR FOR COMMUNITY MANAGEMENT AND RE-
SOURCES.—(1) There is a Deputy National In-
telligence Director for Community Manage-
ment and Resources. 
‘‘(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 
exercise such powers as the National In-
telligence Director may prescribe. 
‘‘(f) ASSOCIATE NATIONAL INTELLIGENCE DI-
RECTOR FOR MILITARY SUPPORT.—(1) There is
1156 
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 
‘‘(B) perform such other duties and 
exercise such powers as the National In-
telligence 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 
Department of Homeland Security, and
1157 
other relevant executive departments 
and agencies are met; and 
‘‘(B) perform such other duties and 
exercise such powers as the National In-
telligence Director may prescribe, except 
that the National Intelligence Director 
may not make such officer responsible 
for disseminating any domestic or home-
land security information to State gov-
ernment or local government officials or 
any private 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 
exercise such powers as the National In-
telligence Director may prescribe.
1158 
‘‘(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. 
‘‘(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 super-
vision or control by the Secretary of De-
1159 
fense or by any officer or employee of the 
Department of Defense; 
‘‘(B) shall not exercise, by reason of 
the officer’s status as a commissioned of-
ficer, any supervision or control with re-
spect to any of the military or civilian 
personnel of the Department of Defense 
except as otherwise authorized by law; 
and 
‘‘(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
1160 
position specified in paragraph (2), while 
serving in such position and while remaining 
on active duty, shall continue to receive mili-
tary pay and allowances and shall not receive 
the pay prescribed for such position. Funds 
from which such pay and allowances are paid 
shall be reimbursed from funds available to 
the National Intelligence Director. 
‘‘(j) NATIONAL INTELLIGENCE COUNCIL.—(1) 
There is a National 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, report to, and 
serve at the pleasure of, the National Intel-
ligence Director. 
‘‘(B) The Director shall prescribe appro-
priate security requirements for personnel 
appointed from the private sector as a condi-
tion of service on the Council, or as contrac-
tors of the Council or employees of such con-
tractors, to ensure the protection of intel-
ligence sources and methods while avoiding, 
wherever possible, unduly intrusive require-
1161 
ments which the Director considers to be un-
necessary for this purpose. 
‘‘(3) The National Intelligence Council 
shall— 
‘‘(A) produce national intelligence es-
timates for the United States Govern-
ment, including alternative views 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-
sponsibilities of the Director. 
‘‘(4) Within their respective areas of ex-
pertise and under the direction of the Na-
tional Intelligence Director, the members of 
the National Intelligence Council shall con-
stitute the senior intelligence advisers of the 
intelligence community for purposes of rep-
resenting the views of the intelligence com-
munity within the United States Government.
1162 
‘‘(5) Subject to the direction and control of 
the National Intelligence Director, the Na-
tional Intelligence Council may carry out its 
responsibilities under this subsection by con-
tract, including contracts for substantive ex-
perts necessary to assist the Council with par-
ticular assessments under this subsection. 
‘‘(6) The National Intelligence Director 
shall make available to the National Intel-
ligence Council such personnel as may be nec-
essary to permit the Council to carry out its 
responsibilities under this subsection. 
‘‘(7)(A) The National Intelligence Director 
shall take appropriate measures to ensure 
that the National Intelligence Council and its 
staff satisfy the needs of policymaking offi-
cials and other consumers of intelligence. 
‘‘(B) The Council shall be readily acces-
sible to policymaking officials and other ap-
propriate individuals not otherwise associ-
ated with the intelligence community. 
‘‘(8) 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-
1163 
ligence analyses, as may be required by the 
National 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 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 Na-
tional Intelligence Director. 
‘‘(2) The mission of the Intelligence Com-
munity Information Technology Officer is to
1164 
assist the National Intelligence Director in en-
suring the sharing of information in the full-
est and most prompt manner between and 
among elements of the intelligence commu-
nity consistent with section 102A(g). 
‘‘(3) The Intelligence Community Informa-
tion Technology Officer shall— 
‘‘(A) assist the Deputy National Intel-
ligence Director for Community Manage-
ment and Resources in developing and 
implementing 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- 
related 
information 
technology 
items 
funded in the National Intelligence Pro-
gram;
1165 
‘‘(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— 
‘‘(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 applica-
ble 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 
Program budget requests for information 
technology and national security systems;
1166 
‘‘(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-
formation technology and national secu-
rity systems are eliminated; 
‘‘(H) pursuant to the direction of the 
National Intelligence Director, consult 
with the Director of the Office of Manage-
ment and Budget to ensure that the Of-
fice of the National Intelligence Director 
coordinates and complies with national 
security requirements consistent with ap-
plicable law, Executive orders, and guid-
ance; and 
‘‘(I) perform such other duties with 
respect to the information systems and 
information technology of the Office of 
the National Intelligence Director as may
1167 
be prescribed by the Deputy National In-
telligence Director for Community Man-
agement 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). 
‘‘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 
appointed by the President, by and with the 
advice and consent of the Senate. The Direc-
tor shall be under the authority, direction, 
and control of the National Intelligence Direc-
tor, except as otherwise determined by the 
President. 
‘‘(b) DUTIES.—In the capacity as Director 
of the Central Intelligence Agency, the Direc-
tor of the Central Intelligence Agency shall—
1168 
‘‘(1) carry out the responsibilities 
specified 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 
police, subpoena, or law enforcement 
powers or internal security functions; 
‘‘(2) provide overall direction for the 
collection 
of 
national 
intelligence 
through human sources by elements of 
the intelligence community authorized to 
undertake such collection and, in coordi-
nation with other agencies of the Govern-
ment which are authorized to undertake 
such collection, ensure that the most ef-
fective use is made of resources and that 
the risks to the United States and those 
involved in such collection are mini-
mized;
1169 
‘‘(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 ele-
ments of the intelligence community, 
which services the National Intelligence 
Director determines can be more effi-
ciently accomplished centrally; and 
‘‘(5) perform such other functions and 
duties related to intelligence affecting 
the national security as the President or 
the National Intelligence Director may di-
rect. 
‘‘(d) DEPUTY DIRECTOR OF THE CENTRAL IN-
TELLIGENCE AGENCY.—There is a Deputy Direc-
tor of the Central Intelligence Agency who 
shall be appointed by the President. The Dep-
uty Director shall perform such functions as 
the Director may prescribe and shall perform 
the duties of the Director during the Direc-
tor’s absence or disability or during a vacancy 
in the position of the Director of the Central 
Intelligence Agency.
1170 
‘‘(e) TERMINATION OF EMPLOYMENT OF CIA 
EMPLOYEES.—(1) Notwithstanding the provi-
sions of any other law, the Director of the 
Central Intelligence Agency may, in the dis-
cretion of the Director, terminate the employ-
ment of any officer or employee of the Central 
Intelligence Agency whenever the Director 
considers the termination of employment of 
such officer or employee necessary or advis-
able in the interests of the United States. 
‘‘(2) Any termination of employment of an 
officer or employee under paragraph (1) shall 
not affect the right of the officer or employee 
to seek or accept employment in any other de-
partment, agency, or element of the United 
States Government if declared eligible for 
such employment by the Office of Personnel 
Management.’’. 
(b) FIRST DIRECTOR.—(1) When the Senate 
receives the nomination of a person for the 
initial appointment by the President for the 
position of National Intelligence Director, it 
shall consider and dispose of such nomination 
within a period of 30 legislative days.
1171 
(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 
office. 
(3) For the purposes of this subsection, 
the term ‘‘legislative day’’ means a day on 
which the Senate is in session. 
SEC. 1012. REVISED DEFINITION OF NATIONAL INTEL-
LIGENCE. 
Paragraph (5) of section 3 of the National 
Security Act of 1947 (50 U.S.C. 401a) is 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 in-
cluding information gathered within or 
outside the United States, that— 
‘‘(A) pertains, as determined con-
sistent with any guidance issued by
1172 
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.’’. 
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 consulta-
tion with the Secretary of Defense and the Di-
rector of the Central Intelligence Agency, 
shall develop joint procedures to be used by 
the Department of Defense and the Central 
Intelligence Agency to improve the coordina-
tion and deconfliction of operations that in-
1173 
volve elements of both the Armed Forces and 
the Central Intelligence Agency consistent 
with national security and the protection of 
human intelligence sources and methods. 
Those procedures shall, at a minimum, pro-
vide the following: 
(1) Methods by which the Director of 
the Central Intelligence Agency and the 
Secretary of Defense can improve com-
munication and coordination in the plan-
ning, execution, and sustainment of oper-
ations, including, as a minimum— 
(A) 
information 
exchange 
be-
tween senior officials of the Central 
Intelligence Agency and senior offi-
cers and officials of the Department 
of Defense when planning for such an 
operation commences by either orga-
nization; and 
(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
1174 
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 
region and a clear delineation of oper-
ational responsibilities to prevent con-
flict and duplication of effort. 
(b) IMPLEMENTATION
REPORT.—Not later 
than 180 days after the date of the enactment 
of the Act, the National Intelligence Director 
shall submit to the congressional defense 
committees (as defined in section 101 of title 
10, United States Code) and the congressional 
intelligence committees (as defined in section 
3(7) of the National Security Act of 1947 (50 
U.S.C. 401a(7))) a report describing the proce-
dures established pursuant to subsection (a) 
and the status of the implementation of those 
procedures.
1175 
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. 
‘‘(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-
1176 
rence of the National Intelligence Director be-
fore appointing an individual to fill the va-
cancy or recommending to the President an 
individual to be nominated to fill the vacancy. 
If the Director does not concur in the rec-
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. 
‘‘(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 re-
ferred to in paragraph (2), the head of the de-
partment or agency having jurisdiction over 
the position shall consult with the National 
Intelligence Director before appointing an in-
dividual to fill the vacancy or recommending
1177 
to the President an individual to be nomi-
nated to fill the vacancy. 
‘‘(2) Paragraph (1) applies to the following 
positions: 
‘‘(A) The Director of the Defense In-
telligence Agency. 
‘‘(B) The Assistant Secretary of State 
for Intelligence and Research. 
‘‘(C) The Director of the Office of In-
telligence of the Department of Energy. 
‘‘(D) The Director of the Office of 
counterintelligence of the Department of 
Energy. 
‘‘(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.
1178 
SEC. 1015. INITIAL APPOINTMENT OF THE NATIONAL IN-
TELLIGENCE 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 In-
telligence on the date immediately preceding 
the date of the enactment of this Act may, at 
the discretion of the President, become the 
National Intelligence Director as of the date 
of the enactment of this Act. 
(b) GENERAL
REFERENCES.—(1) Any ref-
erence to the Director of Central Intelligence 
in the Director’s capacity as the head of the 
intelligence community in any law, regula-
tion, document, paper, or other record of the 
United States shall be deemed to be a ref-
erence to the National Intelligence Director. 
(2) Any reference to the Director of Cen-
tral Intelligence in the Director’s capacity as 
the head of the Central Intelligence Agency in 
any law, regulation, document, paper, or 
other record of the United States shall be 
deemed to be a reference to the Director of 
the Central Intelligence Agency.
1179 
(3) Any reference to the Deputy Director 
of Central Intelligence in the Deputy Direc-
tor’s capacity as deputy to the head of the in-
telligence community in any law, regulation, 
document, paper, or other record of the 
United States shall be deemed to be a ref-
erence to the Deputy National Intelligence Di-
rector. 
(4) Any reference to the Deputy Director 
of Central Intelligence for Community Man-
agement in any law, regulation, document, 
paper, or other record of the United States 
shall be deemed to be a reference to the Dep-
uty National Intelligence Director for Com-
munity Management and Resources. 
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.—Sec-
tion 5313 of title 5, United States Code, is 
amended by adding at the end the following 
new items:
1180 
‘‘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 
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
1181 
Center, who shall be appointed by National 
Intelligence 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 
‘‘(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
1182 
possessed or acquired by the United 
States Government pertaining to ter-
rorism and counterterrorism, excepting 
intelligence pertaining exclusively to do-
mestic counterterrorism. 
‘‘(2) To conduct strategic operational 
planning for counterterrorism activities, 
integrating all instruments of national 
power, including diplomatic, financial, 
military, intelligence, homeland security, 
and law enforcement activities within 
and among agencies. 
‘‘(3) To 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 ap-
propriate, have access to and receive all- 
source intelligence support needed to 
execute their counterterrorism plans or 
perform independent, alternative anal-
ysis.
1183 
‘‘(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 
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
1184 
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; 
‘‘(4) disseminate terrorism informa-
tion, including current terrorism threat 
analysis, to the President, the Vice Presi-
dent, the Secretaries of State, Defense, 
and Homeland Security, the Attorney 
General, the Director of the Central Intel-
ligence Agency, and other officials of the 
executive branch as appropriate, and to 
the appropriate committees of Congress; 
‘‘(5) support the Department of Jus-
tice and the Department of Homeland Se-
curity, and other appropriate agencies, in 
fulfillment of their responsibilities to dis-
1185 
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 
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 di-
rect the execution of counterterrorism oper-
ations. 
‘‘(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-
1186 
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 
Center shall establish and maintain within 
the National counterterrorism Center a Direc-
torate of Intelligence which shall have pri-
mary responsibility within the United States 
Government for analysis of terrorism and ter-
rorist organizations (except for purely domes-
tic terrorism and domestic terrorist organiza-
tions) from all sources of intelligence, wheth-
er collected inside or outside the United 
States. 
‘‘(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
1187 
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 relat-
ing 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. 
(b) DUTIES.—The Civil Liberties Protec-
tion 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 
Office of the National Intelligence Direc-
tor and the elements of the intelligence 
community within the National Intel-
ligence Program;
1188 
(2) oversee compliance by the Office 
and the National Intelligence Director 
with requirements under the Constitu-
tion and all laws, regulations, Executive 
orders, and implementing guidelines re-
lating to civil liberties and privacy; 
(3) review and assess complaints and 
other 
information 
indicating 
possible 
abuses of civil liberties and privacy in 
the administration of the programs and 
operations of the Office and the National 
Intelligence Director and, as appropriate, 
investigate any such complaint or infor-
mation; 
(4) ensure that the use of tech-
nologies sustain, and do not erode, pri-
vacy protections relating to the use, col-
lection, and disclosure of personal infor-
mation; 
(5) ensure that personal information 
contained in a system of records subject 
to section 552a of title 5, United States 
Code (popularly referred to as the ‘Pri-
vacy Act’), is handled in full compliance
1189 
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 Intel-
ligence 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). 
SEC. 1023. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 
BOARD. 
(a) IN
GENERAL.—There is established 
within the intelligence community a Privacy 
and Civil Liberties Oversight Board (referred 
to in this title as the ‘‘Board’’). 
(b) PURPOSE.—The Board shall ensure that 
concerns with respect to civil liberties and 
privacy are appropriately considered in the 
development and implementation of laws, reg-
1190 
ulations, and policies related to efforts of the 
intelligence community to protect the Nation 
against terrorism. 
(c) FUNCTIONS.— 
(1) ADVICE AND COUNSEL ON POLICY DE-
VELOPMENT
AND
IMPLEMENTATION.—The 
Board shall— 
(A) review the implementation of 
new and existing legislation, regula-
tions, and policies related to efforts of 
the intelligence community to protect 
the Nation from terrorism, including 
the implementation of intelligence in-
formation sharing pursuant to sec-
tion 102A(g) of the National Security 
Act of 1947 (as amended by section 
1011(a)); 
(B) advise the National Intel-
ligence Director and, through the Na-
tional Intelligence Director, the heads 
of the Federal executive departments 
and agencies to ensure that privacy 
and civil liberties are appropriately 
considered in the development and 
implementation of such legislation,
1191 
regulations, policies, and guidelines; 
and 
(C) review proposed legislation, 
regulations, and policies to ensure— 
(i) that the proposals materi-
ally enhance security; and 
(ii) that there is adequate su-
pervision of the use of the power 
to ensure protection of civil lib-
erties and privacy. 
(2) OVERSIGHT.—The Board shall con-
tinually review— 
(A) the regulations, policies, and 
procedures and the implementation 
of the regulations, policies, proce-
dures, and related laws pertaining to 
the intelligence community to ensure 
that privacy and civil liberties are 
protected; and 
(B) the intelligence information 
sharing practices of the intelligence 
community 
to 
determine 
whether 
they appropriately protect privacy 
and civil liberties and adhere to the 
intelligence 
information 
sharing
1192 
guidelines promulgated under such 
section 102A(g) and to other gov-
erning laws, regulations, and policies 
regarding the protection of privacy 
and civil liberties. 
(d) REPORTS.— 
(1) IN GENERAL.—The Board shall— 
(A) receive and review reports 
from the Civil Liberties Protection 
Officer described in section 1022; and 
(B) periodically submit, not less 
than annually, reports to the National 
Intelligence Director and the Con-
gress. 
(2) CONTENTS.—Each report submitted 
under paragraph (1)(B) shall include— 
(A) a description of the major ac-
tivities of the Board during the re-
porting period; and 
(B) information on the findings, 
conclusions, and recommendations of 
the Board resulting from its advice 
and oversight functions under sub-
section (c).
1193 
(e) INFORMING THE PUBLIC.—Subject to the 
direction of the National Intelligence Direc-
tor, the Board may hold public forums, pub-
lish public reports, and otherwise inform the 
public of its activities, as appropriate and in 
a manner consistent with the protection of 
classified information and applicable law. 
(f) ACCESS TO INFORMATION.—If determined 
by the Board to be necessary to carry out its 
responsibilities under this section, the Board 
may— 
(1) request the National Intelligence 
Director to secure directly from any ele-
ment of the intelligence community and 
other 
Federal 
agencies, 
all 
relevant 
records, reports, audits, reviews, docu-
ments, papers, or recommendations, in-
cluding classified information consistent 
with applicable law; and 
(2) interview, take statements from, 
or take testimony from personnel of any 
element of the intelligence community. 
(g) MEMBERSHIP.— 
(1) MEMBERS.—The Board shall be 
composed of a chairman and 4 additional
1194 
members, who shall be appointed by the 
President, upon the recommendation of 
the National Intelligence Director. 
(2) QUALIFICATIONS.—Members of the 
Board shall be selected solely on the 
basis of their professional qualifications, 
achievements, public stature, and rel-
evant experience, and without regard to 
political affiliation. 
(3) INCOMPATIBLE
OFFICE.—An indi-
vidual appointed to the Board may not, 
while serving on the Board, be an elected 
official, an officer, or an employee of the 
Federal Government, other than in the 
capacity as a member of the Board. 
(h) COMPENSATION AND TRAVEL EXPENSES.— 
(1) COMPENSATION.— 
(A) 
CHAIRMAN.—The 
chairman 
shall be compensated at a rate equal 
to the daily equivalent of the annual 
rate of basic pay in effect for a posi-
tion at level III of the Executive 
Schedule under section 5314 of title 5, 
United States Code, for each day dur-
ing which the chairman is engaged in
1195 
the actual performance of the duties 
of the Board. 
(B) MEMBERS.—Each member of 
the Board shall be compensated at a 
rate equal to the daily equivalent of 
the annual rate of basic pay in effect 
for a position at level IV of the Execu-
tive Schedule under section 5315 of 
title 5, United States Code, for each 
day during which that member is en-
gaged in the actual performance of 
the duties of the Board. 
(2) TRAVEL EXPENSES.—Members of the 
Board shall be allowed travel expenses, 
including per diem in lieu of subsistence, 
at rates authorized for persons employed 
intermittently by the Government under 
section 5703(b) of title 5, United States 
Code, while away from their homes or 
regular places of business in the perform-
ance of services for the Board. 
(i) STAFF.— 
(1) APPOINTMENT AND COMPENSATION.— 
The Chairman, in accordance with rules 
agreed upon by the Board, shall appoint
1196 
and fix the compensation of an executive 
director and such other personnel as may 
be necessary to enable the Board to carry 
out its functions, without regard to the 
provisions of title 5, United States Code, 
governing appointments in the competi-
tive service, and without regard to the 
provisions of chapter 51 and subchapter 
III of chapter 53 of such title relating to 
classification and General Schedule pay 
rates, except that no rate of pay fixed 
under this subsection may exceed the 
equivalent of that payable for a position 
at level V of the Executive Schedule 
under section 5316 of title 5, United 
States Code. 
(2) DETAILEES.—The National Intel-
ligence Director may detail any Federal 
employee within an element of the intel-
ligence community to the Board without 
reimbursement from the Board, and such 
detailee shall retain the rights, status, 
and privileges of the detailee’s regular 
employment without interruption.
1197 
(3) CONSULTANT SERVICES.—The Board 
may procure, through the National Intel-
ligence Director, the temporary or inter-
mittent services of experts and consult-
ants in accordance with section 3109 of 
title 5, United States Code, at rates that 
do not exceed the daily rate paid a per-
son occupying a position at level IV of 
the Executive Schedule under section 
5315 of such title. 
(j) SECURITY
CLEARANCES.—The appro-
priate Executive agencies shall cooperate 
with the Board to expeditiously provide the 
Board members and staff with appropriate se-
curity clearances to the extent possible under 
existing procedures and requirements, except 
that no person shall be provided with access 
to classified information under this section 
without the appropriate security clearances. 
(k) APPLICATION OF FACA.—The Board is 
not an advisory committee (as defined in sec-
tion 3(2) of the Federal Advisory Committee 
Act (5 U.S.C. App.)) for purposes of that Act. 
(l) AUTHORIZATION
OF APPROPRIATIONS.— 
There are authorized to be appropriated such
1198 
sums as may be necessary to carry out this 
section. 
Subtitle C—Joint Intelligence 
Community Council 
SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL. 
(a) ESTABLISHMENT.—There is hereby es-
tablished a Joint Intelligence Community 
Council. 
(b) FUNCTIONS.—(1) The Joint Intelligence 
Community Council shall provide advice to 
the National Intelligence Director as appro-
priate. 
(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 Direc-
tor, who shall chair the Council. 
(2) The Secretary of State. 
(3) The Secretary of the Treasury. 
(4) The Secretary of Defense.
1199 
(5) The Attorney General. 
(6) The Secretary of Energy. 
(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 improve-
ments in technical collection means, the 
human intelligence capabilities of the 
United States have not received the nec-
essary and commensurate priorities; 
(3) human intelligence is becoming an 
increasingly important capability to pro-
1200 
vide 
information 
on 
the 
asymmetric 
threats to the national security of the 
United States; 
(4) the continued development and 
improvement 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
1201 
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 
obligated 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 pro-
gram shall work in a specified national secu-
rity position. In this subsection, the term 
‘specified national security position’ means a 
position of a department or agency of the
1202 
United States 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 assistance (as the case may be) 
was provided under the program. 
‘‘(2) Each such recipient shall commence 
work in a specified national security position 
as soon as practicable but in no case later 
than two years after the completion by the 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
1203 
thereof, for which such fellowship assist-
ance 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 com-
munity. 
‘‘(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 posi-
tion 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
1204 
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 
employment as required under such sub-
section. 
(c) APPLICABILITY.—(1) The amendments 
made by subsection (a) shall apply with re-
spect to service agreements entered into 
under the David L. Boren National Security 
Education Act of 1991 on or after the date of 
the enactment of this Act. 
(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
1205 
(Public Law 102–183; 105 Stat. 1271), as 
amended by section 311(c) of the Intelligence 
Authorization Act for Fiscal Year 1994 (Public 
Law 103–178; 107 Stat. 2037) and by section 
333(b) of the Intelligence Authorization Act 
for Fiscal Year 2003 (Public Law 107–306; 116 
Stat. 2397), is amended in subsection (a) of 
section 811 by striking ‘‘there is authorized to 
be appropriated to the Secretary for each fis-
cal year, beginning with fiscal year 2003, 
$10,000,000,’’ and inserting ‘‘there is author-
ized to be appropriated to the Secretary for 
each of fiscal years 2003 and 2004, $10,000,000, 
and for fiscal year 2005 and each subsequent 
fiscal year, $12,000,000,’’. 
(2) Subsection (b) of such section is 
amended by inserting ‘‘for fiscal years 2003 
and 2004 only’’ after ‘‘authorization of appro-
priations under subsection (a)’’. 
(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:
1206 
‘‘(5)(A) In the case of an undergraduate or 
graduate student that participates in training 
in programs under paragraph (1), the student 
shall enter into an agreement described in 
subsection (b), other than such a student who 
has entered into such an agreement pursuant 
to 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 
training for a period of two years for 
each year, or part of the year, of such 
training; 
‘‘(iii) to reimburse the United States 
for the total cost of such training (exclud-
1207 
ing the employee’s pay and allowances) 
provided to the employee if, before the 
completion by the employee of the train-
ing, the employment of the employee by 
the agency or department is terminated 
due to misconduct by the employee or by 
the employee voluntarily; and 
‘‘(iv) to reimburse the United States 
if, after completing such training, the em-
ployment of the employee by the agency 
or department is terminated either by the 
agency or department due to misconduct 
by the employee or by the employee vol-
untarily, before the completion by the 
employee of the period of service re-
quired in clause (ii), in an amount that 
bears the same ratio to the total cost of 
the training (excluding the employee’s 
pay and allowances) provided to the em-
ployee as the unserved portion of such 
period of service bears to the total period 
of service under clause (ii). 
‘‘(C) Subject to subparagraph (D), the obli-
gation to reimburse the United States under
1208 
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, 
in whole or in part, from the obligation to re-
imburse the United States under an agree-
ment under subparagraph (A) when, in the 
discretion of the head of the element, the 
head of the element determines that equity or 
the interests of the United States so require.’’. 
(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 num-
ber of qualified educational institutions that 
receive grants under the National Flagship 
Language Initiative to establish, operate, or 
improve activities designed to train students 
in programs in a range of disciplines to 
achieve advanced levels of proficiency in 
those foreign languages that the Secretary
1209 
identifies as being the most critical in the in-
terests of the national security of the United 
States. 
(d) CLARIFICATION OF AUTHORITY TO SUP-
PORT STUDIES ABROAD.—Educational institu-
tions that receive grants under the National 
Flagship Language Initiative may support 
students who pursue total immersion foreign 
language studies overseas of foreign lan-
guages that are critical to the national secu-
rity of the United States. 
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);
1210 
(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: 
‘‘(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 
agencies with a need for lin-
guists; and 
‘‘(II) are not proficient at 
a professional level in the 
English language with respect 
to reading, writing, and inter-
personal skills required to
1211 
carry out the national secu-
rity interests of the United 
States, as determined by the 
Secretary, 
to enable such students to pursue 
English language studies at an in-
stitution of higher education of 
the United States to attain pro-
ficiency in those skills; and 
‘‘(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 paragraph 
(1)(D) for the National Flagship Language
1212 
Initiative described in subsection (i)’’; 
and 
(B) by adding at the end the fol-
lowing: ‘‘For the authorization of appro-
priations for the scholarship program 
under paragraph (1)(E), see section 812.’’. 
(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).
1213 
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-
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
1214 
and training in order to ensure the re-
quirements of the intelligence community 
with respect to foreign language pro-
ficiency are met. 
(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—
1215 
(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 
security 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 
program 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—
1216 
(1) by inserting before section 1001 
(50 U.S.C. 441g) the following: 
‘‘Subtitle A—Science and 
Technology’’; 
and 
(2) by adding at the end the following 
new subtitles: 
‘‘Subtitle B—Foreign Languages 
Program 
‘‘PROGRAM ON ADVANCEMENT OF FOREIGN LAN-
GUAGES
CRITICAL
TO
THE
INTELLIGENCE 
COMMUNITY 
‘‘SEC. 1011. (a) ESTABLISHMENT
OF PRO-
GRAM.—The Secretary of Defense and the Na-
tional Intelligence Director may jointly estab-
lish a program to advance foreign languages 
skills in languages that are critical to the ca-
pability of the intelligence community to 
carry out national security activities of the 
United States (hereinafter in this subtitle re-
ferred to as the ‘Foreign Languages Pro-
gram’). 
‘‘(b) IDENTIFICATION
OF
REQUISITE
AC-
TIONS.—In order to carry out the Foreign Lan-
guages Program, the Secretary of Defense and
1217 
the National Intelligence Director shall joint-
ly determine actions required to improve the 
education of personnel in the intelligence 
community in foreign languages that are crit-
ical to the capability of the intelligence com-
munity to carry out national security activi-
ties of the United States to meet the long-term 
intelligence needs of the United States. 
‘‘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 intel-
ligence community to carry out national secu-
rity activities of the United States in edu-
cational institutions. 
‘‘(b) ASSISTANCE
PROVIDED
UNDER
EDU-
CATIONAL PARTNERSHIP AGREEMENTS.—Under 
an educational partnership agreement en-
tered into with an educational institution 
pursuant to this section, the head of an ele-
1218 
ment of an intelligence community entity may 
provide 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 
educational 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 sur-
plus property, the transfer to the edu-
cational institution of any computer 
equipment, or other equipment, that is— 
‘‘(A) 
commonly 
used 
by 
edu-
cational institutions; 
‘‘(B) surplus to the needs of the 
entity; and 
‘‘(C) determined by the head of 
the element to be appropriate for 
support of such agreement. 
‘‘(3) The provision of dedicated per-
sonnel to the educational institution— 
‘‘(A) to teach courses in foreign 
languages that are critical to the ca-
1219 
pability of the intelligence commu-
nity to carry out national security ac-
tivities of the United States; or 
‘‘(B) to assist in the development 
of such courses and materials for the 
institution. 
‘‘(4) The involvement of faculty and 
students of the educational institution in 
research projects of the element of the 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 research projects of the element 
of the intelligence 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 de-
termines to be appropriate. 
‘‘VOLUNTARY SERVICES 
‘‘SEC. 1013. (a) AUTHORITY TO ACCEPT SERV-
ICES.—Notwithstanding section 1342 of title
1220 
31, United States Code, and subject to sub-
section (b), the Foreign Languages Program 
under section 1011 shall include authority for 
the head of an element of an intelligence com-
munity entity to accept from any individual 
who is dedicated personnel (as defined in sec-
tion 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 serv-
ices; 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
1221 
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 
func-
tions; or 
‘‘(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 enti-
ty may recruit and train individuals to pro-
vide voluntary services accepted under sub-
section (a). 
‘‘(d) STATUS
OF
INDIVIDUALS
PROVIDING 
SERVICES.—(1) Subject to paragraph (2), while 
providing voluntary services accepted under 
subsection (a) or receiving training under 
subsection (c), an individual shall be consid-
ered to be an employee of the Federal Govern-
ment only for purposes of the following provi-
sions of law: 
‘‘(A) Section 552a of title 5, United 
States Code (relating to maintenance of 
records on individuals).
1222 
‘‘(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 
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 clear-
ance. 
‘‘(e) REIMBURSEMENT
OF INCIDENTAL EX-
PENSES.—(1) The head of an element of the in-
telligence community entity may reimburse 
an individual for incidental expenses in-
curred by the individual in providing vol-
untary services accepted under subsection
1223 
(a). The head of an element of the intelligence 
community entity shall determine which ex-
penses are eligible for reimbursement under 
this subsection. 
‘‘(2) Reimbursement under paragraph (1) 
may be made from appropriated or non-
appropriated funds. 
‘‘(f) AUTHORITY TO INSTALL EQUIPMENT.—(1) 
The head of an element of the intelligence 
community may install telephone lines and 
any necessary telecommunication equipment 
in the private residences of individuals who 
provide voluntary services accepted under 
subsection (a). 
‘‘(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-
1224 
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 reg-
ulations to carry out sections 1012 and 1013 
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-
1225 
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 
referred 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 
dis-
charged under honorable circumstances, 
and rehired on a voluntary basis specifi-
1226 
cally to perform the activities authorized 
under this subtitle). 
‘‘Subtitle C—Additional Education 
Provisions 
‘‘ASSIGNMENT OF INTELLIGENCE COMMUNITY 
PERSONNEL AS LANGUAGE STUDENTS 
‘‘SEC. 1021. (a) IN GENERAL.—(1) The Na-
tional Intelligence Director, acting through 
the heads of the elements of the intelligence 
community, may provide for the assignment 
of military and civilian personnel described 
in paragraph (2) as students at accredited 
professional, technical, or other institutions 
of higher education for training at the grad-
uate or undergraduate level in foreign lan-
guages required for the conduct of duties and 
responsibilities of such positions. 
‘‘(2) Personnel referred to in paragraph 
(1) are personnel of the elements of the intel-
ligence community who serve in analysts po-
sitions in such elements and who require for-
eign language expertise required for the con-
duct of duties and responsibilities of such po-
sitions.
1227 
‘‘(b) AUTHORITY
FOR REIMBURSEMENT
OF 
COSTS OF TUITION AND TRAINING.—(1) The Di-
rector may reimburse an employee assigned 
under subsection (a) for the total cost of the 
training described in subsection (a), including 
costs of educational and supplementary read-
ing materials. 
‘‘(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 addi-
tion to any benefits, allowances, travels, or 
other compensation the employee is entitled 
to by reason of serving in such an analyst po-
sition.’’. 
(b) CLERICAL AMENDMENT.—The table of 
contents for the National Security Act of 1947 
is amended by striking the item relating to 
section 1001 and inserting the following new 
items: 
‘‘Subtitle A—Science and Technology
1228 
‘‘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. 
‘‘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 du-
ties 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
1229 
under subsection (a) the National Intelligence 
Director shall— 
(1) identify several foreign languages 
that are critical for the national security 
of the United States; 
(2) identify United States citizens 
with advanced levels of proficiency in 
those foreign languages who would be 
available to perform the services and du-
ties referred to in subsection (a); and 
(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).
1230 
(2) Each report required under paragraph 
(1) shall contain information on the operation 
of the pilot project, the success of the pilot 
project in carrying out the objectives of the 
establishment of a Civilian Linguist Reserve 
Corps, and recommendations for the 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
1231 
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 
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 lo-
cation that— 
‘‘(1) has been certified as a secure fa-
cility by an agency or department of the 
United States; and
1232 
‘‘(2) the National Intelligence Director 
determines to be appropriate for such 
purpose.’’. 
(b) CLERICAL AMENDMENT.—The table of 
sections for that Act, as amended by section 
1021(b), is further amended by inserting after 
the item relating to section 119 the following 
new item: 
‘‘Sec. 120. National Virtual Translation Center.’’. 
SEC. 1058. REPORT ON RECRUITMENT AND RETENTION OF 
QUALIFIED INSTRUCTORS OF THE DEFENSE 
LANGUAGE INSTITUTE. 
(a) STUDY.—The Secretary of Defense shall 
conduct a study on methods to improve the 
recruitment and 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 ap-
1233 
propriate congressional committees a report 
on the study conducted under subsection (a), 
and shall include in that report recommenda-
tions for such changes in legislation and regu-
lation as the Secretary determines to be ap-
propriate. 
(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 
Services of the Senate. 
(B) The Permanent Select Committee 
on Intelligence and the Committee on 
Armed Services of the House of Rep-
resentatives. 
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—
1234 
(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 
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 Vol-
untary 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 
Tech-
nologies Panel. The panel is a standing panel 
of the National Security Agency. The panel 
shall be appointed by, and shall report di-
rectly to, the Director.
1235 
‘‘(b) The National Security Agency Emerg-
ing Technologies Panel shall study and assess, 
and periodically advise the Director on, the 
research, development, and application of ex-
isting and emerging science and technology 
advances, advances on encryption, and other 
topics. 
‘‘(c) The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply with respect to 
the National Security Agency Emerging 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)).
1236 
(B) Section 101(h)(2)(A) (50 U.S.C. 
402(h)(2)(A)). 
(C) 
Section 
101(h)(5) 
(50 
U.S.C. 
402(h)(5)). 
(D) Section 101(i)(2)(A) (50 U.S.C. 
402(i)(2)(A)). 
(E) Section 101(j) (50 U.S.C. 402(j)). 
(F) Section 105(a) (50 U.S.C. 403–5(a)). 
(G) Section 105(b)(6)(A) (50 U.S.C. 
403–5(b)(6)(A)). 
(H) Section 105B(a)(1) (50 U.S.C. 403– 
5b(a)(1)). 
(I) Section 105B(b) (50 U.S.C. 403– 
5b(b)), the first place it appears. 
(J) Section 110(b) (50 U.S.C. 404e(b)). 
(K) Section 110(c) (50 U.S.C. 404e(c)). 
(L) 
Section 
112(a)(1) 
(50 
U.S.C. 
404g(a)(1)). 
(M) 
Section 
112(d)(1) 
(50 
U.S.C. 
404g(d)(1)). 
(N) Section 113(b)(2)(A) (50 U.S.C. 
404h(b)(2)(A)). 
(O) 
Section 
114(a)(1) 
(50 
U.S.C. 
404i(a)(1)).
1237 
(P) 
Section 
114(b)(1) 
(50 
U.S.C. 
404i(b)(1)). 
(Q) 
Section 
115(a)(1) 
(50 
U.S.C. 
404j(a)(1)). 
(R) Section 115(b) (50 U.S.C. 404j(b)). 
(S) Section 115(c)(1)(B) (50 U.S.C. 
404j(c)(1)(B)). 
(T) Section 116(a) (50 U.S.C. 404k(a)). 
(U) 
Section 
117(a)(1) 
(50 
U.S.C. 
404l(a)(1)). 
(V) Section 303(a) (50 U.S.C. 405(a)), 
both places it appears. 
(W) Section 501(d) (50 U.S.C. 413(d)). 
(X) Section 502(a) (50 U.S.C. 413a(a)). 
(Y) Section 502(c) (50 U.S.C. 413a(c)). 
(Z) Section 503(b) (50 U.S.C. 413b(b)). 
(AA) Section 504(a)(3)(C) (50 U.S.C. 
414(a)(3)(C)). 
(BB) 
Section 
504(d)(2) 
(50 
U.S.C. 
414(d)(2)). 
(CC) Section 506A(a)(1) (50 U.S.C. 
415a–1(a)(1)). 
(DD) Section 603(a) (50 U.S.C. 423(a)). 
(EE) 
Section 
702(a)(1) 
(50 
U.S.C. 
432(a)(1)).
1238 
(FF) 
Section 
702(a)(6)(B)(viii) 
(50 
U.S.C. 432(a)(6)(B)(viii)). 
(GG) 
Section 
702(b)(1) 
(50 
U.S.C. 
432(b)(1)), both places it appears. 
(HH) 
Section 
703(a)(1) 
(50 
U.S.C. 
432a(a)(1)). 
(II) 
Section 
703(a)(6)(B)(viii) 
(50 
U.S.C. 432a(a)(6)(B)(viii)). 
(JJ) 
Section 
703(b)(1) 
(50 
U.S.C. 
432a(b)(1)), both places it appears. 
(KK) 
Section 
704(a)(1) 
(50 
U.S.C. 
432b(a)(1)). 
(LL) Section 704(f)(2)(H) (50 U.S.C. 
432b(f)(2)(H)). 
(MM) Section 704(g)(1)) (50 U.S.C. 
432b(g)(1)), both places it appears. 
(NN) 
Section 
1001(a) 
(50 
U.S.C. 
441g(a)). 
(OO) Section 1102(a)(1) (50 U.S.C. 
442a(a)(1)). 
(PP) Section 1102(b)(1) (50 U.S.C. 
442a(b)(1)). 
(QQ) Section 1102(c)(1) (50 U.S.C. 
442a(c)(1)).
1239 
(RR) 
Section 
1102(d) 
(50 
U.S.C. 
442a(d)). 
(2) That Act is further amended by strik-
ing ‘‘of Central Intelligence’’ each place it ap-
pears in the following provisions: 
(A) Section 105(a)(2) (50 U.S.C. 403– 
5(a)(2)). 
(B) Section 105B(a)(2) (50 U.S.C. 403– 
5b(a)(2)). 
(C) Section 105B(b) (50 U.S.C. 403– 
5b(b)), the second place it appears. 
(3) That Act is further amended by strik-
ing ‘‘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.
1240 
(4) Section 114A of that Act (50 U.S.C. 
404i–1) is amended by striking ‘‘Director of 
Central Intelligence’’ and inserting ‘‘National 
Intelligence Director, the Director of the Cen-
tral Intelligence Agency’’ 
(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 
Director of Central Intelligence’’ and in-
serting ‘‘The Director of the Central Intel-
ligence Agency, with the coordination of 
the National Intelligence Director, may 
exempt operational files of the Central 
Intelligence Agency’’; and 
(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’’.
1241 
(7) The heading for section 114 of that Act 
(50 U.S.C. 404i) is amended to read as follows: 
‘‘ADDITIONAL ANNUAL REPORTS FROM THE 
NATIONAL INTELLIGENCE DIRECTOR’’. 
(b) CENTRAL INTELLIGENCE AGENCY ACT OF 
1949.—(1) The Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403a et seq.) is amended by 
striking ‘‘Director of Central Intelligence’’ 
each place it appears in the following 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 strik-
ing ‘‘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 strik-
ing ‘‘Director of Central Intelligence’’ each 
place it appears in the following provisions
1242 
and inserting ‘‘Director of the Central Intel-
ligence Agency’’: 
(A) Section 14(b) (50 U.S.C. 403n(b)). 
(B) 
Section 
16(b)(2) 
(50 
U.S.C. 
403p(b)(2)). 
(C) 
Section 
16(b)(3) 
(50 
U.S.C. 
403p(b)(3)), both places it appears. 
(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 inserting 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 
Intelligence Agency Voluntary Separation 
Pay Act (50 U.S.C. 2001 note) is amended to 
read as follows:
1243 
‘‘(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.) is amended by striking ‘‘Director of Cen-
tral Intelligence’’ each place it appears and in-
serting ‘‘National Intelligence Director’’. 
(f) CLASSIFIED INFORMATION PROCEDURES 
ACT.—Section 9(a) of the Classified Informa-
tion Procedures Act (5 U.S.C. App.) is amend-
ed by striking ‘‘Director of Central Intel-
ligence’’ and inserting ‘‘National Intelligence 
Director’’. 
(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 In-
telligence Director’’. 
(2) PUBLIC LAW 107–306.—(A) The Intel-
ligence Authorization Act for Fiscal Year
1244 
2003 (Public Law 107–306) is amended by 
striking ‘‘Director of Central Intelligence, 
acting as the head of the intelligence 
community,’’ each place it appears in the 
following provisions and inserting ‘‘Na-
tional Intelligence Director’’: 
(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)).
1245 
(C) Section 341 of that Act (50 U.S.C. 
404n–1) is amended by striking ‘‘Director 
of Central Intelligence, acting as the head 
of the intelligence community, shall es-
tablish in the Central Intelligence Agen-
cy’’ and inserting ‘‘National Intelligence 
Director shall establish within the Cen-
tral 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).
1246 
(iv) Section 319(b) (50 U.S.C. 403 
note). 
(v) Section 341(b) (28 U.S.C. 519 
note). 
(vi) Section 357(a) (50 U.S.C. 403 
note). 
(vii) 
Section 
504(a) 
(117 
Stat. 
2634), both places it appears. 
(B) Section 319(f)(2) of that Act (50 
U.S.C. 403 note) is amended by striking 
‘‘Director’’ the first place it appears and 
inserting ‘‘National 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 
Agency’’. 
SEC. 1072. OTHER CONFORMING AMENDMENTS 
(a) NATIONAL SECURITY ACT OF 1947.—(1) 
Section 101(j) of the National Security Act of 
1947 (50 U.S.C. 402(j)) is amended by striking 
‘‘Deputy Director of Central Intelligence’’ and 
inserting ‘‘Deputy National Intelligence Direc-
tor’’.
1247 
(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 Dep-
uty Director of Central Intelligence, or with 
respect to employees of the Central Intel-
ligence Agency, the Director may delegate 
such authority to the Deputy Director for Op-
erations’’ and inserting ‘‘to the Deputy Na-
tional Intelligence Director, or with respect to 
employees of the Central Intelligence Agency, 
to the Director of the Central Intelligence 
Agency’’. 
(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 in-
serting ‘‘Office of the National Intelligence Di-
rector’’.
1248 
(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 
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
1249 
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))’’. 
(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 
Fiscal 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’’
1250 
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’’. 
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 commu-
nity’ 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.
1251 
‘‘(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 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 
con-
cerned with the analysis of intel-
ligence information, including the Of-
fice of Intelligence of the Coast 
Guard. 
‘‘(L) Such other elements of any 
other department or agency as may 
be designated by the President, or 
designated jointly by the National In-
1252 
telligence Director and the head of 
the department or agency concerned, 
as an element of the intelligence com-
munity.’’. 
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 Intel-
ligence Agency Act of 1949 (50 U.S.C. 403q(f)) 
is amended by striking ‘‘National Foreign In-
telligence Program’’ and inserting ‘‘National 
Intelligence Program’’. 
(c) HEADING AMENDMENT.—The heading of 
section 506 of that Act is amended by striking 
‘‘FOREIGN’’.
1253 
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. 
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 
section 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 
section 506 and inserting the following 
new item:
1254 
‘‘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— 
(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-
1255 
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, reg-
ulation, document, paper, or other record of 
the United States shall be deemed to be a ref-
erence to the National Intelligence Director. 
(b) DIRECTOR OF CENTRAL INTELLIGENCE AS 
HEAD OF CIA.—Any reference to the Director 
of Central Intelligence or the Director of the 
Central Intelligence Agency in the Director’s 
capacity as the head of the Central Intel-
ligence Agency in any law, regulation, docu-
ment, paper, or other record of the United 
States shall be deemed to be a reference to the 
Director of the Central Intelligence Agency. 
(c) COMMUNITY MANAGEMENT STAFF.—Any 
reference to the Community Management 
Staff in any law, regulation, document, paper, 
or other record of the United States shall be 
deemed to be a reference to the staff of the 
Office of the National Intelligence Director.
1256 
SEC. 1080. APPLICATION OF OTHER LAWS. 
(a) POLITICAL SERVICE
OF PERSONNEL.— 
Section 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’’. 
(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 Agen-
cy’’; 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-
1257 
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 
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 Di-
rector the staff of the Community Manage-
ment Staff as of the date of the enactment of 
this Act, including all functions and activities 
discharged 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 
enactment of this Act as a component of the
1258 
Office of the National Intelligence Director 
under section 103(b) of the National Security 
Act of 1947, as amended by section 1011(a). 
SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRA-
TION CENTER. 
(a) TRANSFER.—There shall be transferred 
to the National counterterrorism Center the 
Terrorist Threat Integration Center (TTIC), 
including all functions and activities dis-
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 
Center after the date of the enactment of this 
Act as a component of the Directorate of Intel-
ligence of the National counterterrorism Cen-
ter under section 119(i) of the National Secu-
rity Act of 1947, as added by section 1021(a). 
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.
1259 
(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. 
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 amend-
ments made by this title. The plan shall ad-
dress, 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 pur-
suant to this title. 
(3) The establishment of offices with-
in the Office of the National Intelligence 
Director to implement the duties and re-
1260 
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. 
(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 
Intelligence Director. 
SEC. 1096. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as otherwise ex-
pressly provided in this Act, this title and the
1261 
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. 
(B) Subparagraph (A) shall not apply with 
respect to the Deputy National Intelligence 
Director. 
(2) Not later than 180 days after the date 
of the enactment of this Act, the President 
shall transmit to Congress the implementa-
tion 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 regula-
tions, policies, procedures, standards, and 
guidelines required under section 102A of the 
National Security Act of 1947, as amended by 
section 1011(a).
1262 
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: 
‘‘(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 
Terrorist and Military Hoaxes Act of 2004’’. 
SEC. 2022. HOAXES AND RECOVERY COSTS. 
(a) PROHIBITION ON HOAXES.—Chapter 47 
of title 18, United States Code, is amended by 
inserting after section 1037 the following: 
‘‘§ 1038. False information and hoaxes 
‘‘(a) CRIMINAL VIOLATION.—
1263 
‘‘(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 
information indicates that an activity has 
taken, is taking, or will take place that 
would constitute a violation of chapter 2, 
10, 11B, 39, 40, 44, 111, or 113B of this 
title, section 236 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2284), or section 
46502, the second sentence of section 
46504, section 46505 (b)(3) or (c), section 
46506 if homicide or attempted homicide 
is involved, or section 60123(b) of title 49 
shall— 
‘‘(A) be fined under this title or 
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
1264 
‘‘(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, with-
out lawful authority, makes a false state-
ment, with intent to convey false or mis-
leading information, about the death, in-
jury, capture, or disappearance of a mem-
ber of the Armed Forces of the United 
States during a war or armed conflict in 
which the United States is engaged, 
shall— 
‘‘(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 
engages in any conduct with intent to convey 
false or misleading information under cir-